Fla. Stat. § 394.451
Short title
This part shall be known as “The Florida Mental Health Act” or “The Baker Act.”
Florida Statutes Chapter 394 — MENTAL HEALTH
Florida · statute · Fla. Stat. ch. 394 · 126 active provisions
Fla. Stat. § 394.453
Legislative intent
(1) It is the intent of the Legislature:(a) To authorize and direct the Department of Children and Families to evaluate, research, plan, and recommend to the Governor and the Legislature programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders.…
Fla. Stat. § 394.455
Definitions
As used in this part, the term:(1) “Access center” means a facility that has medical, mental health, and substance abuse professionals to provide emergency screening and evaluation for mental health or substance abuse disorders and may provide transportation to an appropriate facility if an individual is in need of mor…
Fla. Stat. § 394.457
Operation and administration
(1) ADMINISTRATION.—The Department of Children and Families is designated the “Mental Health Authority” of Florida. The department and the Agency for Health Care Administration shall exercise executive and administrative supervision over all mental health facilities, programs, and services.(2) RESPONSIBILITIES OF THE D…
Fla. Stat. § 394.4572
Screening of mental health personnel
(1)(a) The department and the Agency for Health Care Administration shall require level 2 background screening pursuant to chapter 435 for mental health personnel. “Mental health personnel” includes all program directors, professional clinicians, staff members, and volunteers working in public or private mental health…
Fla. Stat. § 394.4573
Coordinated system of care; annual assessment; essential elements; measures of performance; system improvement grants; reports
On or before December 1 of each year, the department shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives an assessment of the behavioral health services in this state. The assessment shall consider, at a minimum, the extent to which designated receiving systems fun…
Fla. Stat. § 394.4574
Responsibilities for coordination of services for a mental health resident who resides in an assisted living facility that holds a limited mental health license
(1) As used in this section, the term “mental health resident” means an individual who receives social security disability income due to a mental disorder as determined by the Social Security Administration or receives supplemental security income due to a mental disorder as determined by the Social Security Administra…
Fla. Stat. § 394.4575
Student mental health assistance program evaluation
(1) The Office of Program Policy Analysis and Government Accountability (OPPAGA), in consultation with the Department of Children and Families, the Department of Education, the Louis de la Parte Florida Mental Health Institute, and any other identified relevant stakeholder, must evaluate school district compliance with…
Fla. Stat. § 394.458
Introduction or removal of certain articles unlawful; penalty
(1)(a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon the grounds of such hospital, or to take or attempt to take or send therefrom, any of the following articles, which are her…
Fla. Stat. § 394.459
Rights of patients
(1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this state that the individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion when the patient is taken into custody, held, or transported. Procedures, facilities, vehicles, and restraining devices utilized for c…
Fla. Stat. § 394.4593
Sexual misconduct prohibited; reporting required; penalties
(1) As used in this section, the term:(a) “Employee” includes any paid staff member, volunteer, or intern of the department; any person under contract with the department; and any person providing care or support to a client on behalf of the department or its providers.(b) “Sexual activity” means:1. Fondling the genita…
Fla. Stat. § 394.4595
Florida statewide and local advocacy councils; access to patients and records
Any facility designated by the department as a receiving or treatment facility must allow access to any patient and the clinical and legal records of any patient admitted pursuant to the provisions of this act by members of the Florida statewide and local advocacy councils.
Fla. Stat. § 394.4597
Persons to be notified; patient’s representative
(1) VOLUNTARY PATIENTS.—At the time a patient is voluntarily admitted to a receiving or treatment facility, the identity and contact information of a person to be notified in case of an emergency shall be entered in the patient’s clinical record.(2) INVOLUNTARY PATIENTS.—(a) At the time a patient is admitted to a facil…
Fla. Stat. § 394.4598
Guardian advocate
(1) The administrator may petition the court for the appointment of a guardian advocate based upon the opinion of a psychiatrist or psychiatric nurse practicing within the framework of an established protocol with a psychiatrist that the patient is incompetent to consent to treatment. If the court finds that a patient…
Fla. Stat. § 394.4599
Notice
(1) VOLUNTARY ADMISSION.—Notice of an individual’s voluntary admission shall be given only at the request of the individual, except that, in an emergency, notice shall be given as determined by the facility.(2) INVOLUNTARY ADMISSION.—(a) Whenever notice is required to be given under this part, such notice shall be give…
Fla. Stat. § 394.460
Rights of professionals
No professional referred to in this part shall be required to accept patients for treatment of mental, emotional, or behavioral disorders. Such participation shall be voluntary.
Fla. Stat. § 394.461
Designation of receiving and treatment facilities and receiving systems
The department is authorized to designate and monitor receiving facilities, treatment facilities, and receiving systems and may suspend or withdraw such designation for failure to comply with this part and rules adopted under this part. The department may issue a conditional designation for up to 60 days to allow the i…
Fla. Stat. § 394.4612
Integrated adult mental health crisis stabilization and addictions receiving facilities
(1) The Agency for Health Care Administration, in consultation with the Department of Children and Families, may license facilities that integrate services provided in an adult mental health crisis stabilization unit with services provided in an adult addictions receiving facility. Such a facility shall be licensed by…
Fla. Stat. § 394.4615
Clinical records; confidentiality
(1) A clinical record shall be maintained for each patient. The record shall include data pertaining to admission and such other information as may be required under rules of the department. A clinical record is confidential and exempt from the provisions of s. 119.07(1). Unless waived by express and informed consent,…
Fla. Stat. § 394.462
Transportation
A transportation plan shall be developed and implemented by each county in collaboration with the managing entity in accordance with this section. A county may enter into a memorandum of understanding with the governing boards of nearby counties to establish a shared transportation plan. When multiple counties enter in…
Fla. Stat. § 394.4625
Voluntary admissions
(1) AUTHORITY TO RECEIVE PATIENTS.—(a) A facility may receive for observation, diagnosis, or treatment any adult who applies by express and informed consent for admission or any minor whose parent or legal guardian applies for admission. Such person may be admitted to the facility if found to show evidence of mental il…
Fla. Stat. § 394.463
Involuntary examination
(1) CRITERIA.—A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness:(a)1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the exam…
Fla. Stat. § 394.464
Court records; confidentiality
(1) All petitions for voluntary and involuntary admission for mental health treatment, court orders, and related records that are filed with or by a court under this part are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Pleadings and other documents made confidential and exe…
Fla. Stat. § 394.4655
Orders to involuntary outpatient placement
(1) As used in this section, the term “involuntary outpatient placement” means involuntary outpatient services as defined in s. 394.467.(2) A court or a county court may order an individual to involuntary outpatient placement in accordance with the criteria for ordering a person to involuntary outpatient placement, and…
Fla. Stat. § 394.467
Involuntary inpatient placement and involuntary outpatient services
(1) DEFINITIONS.—As used in this section, the term:(a) “Court” means a circuit court or, for commitments only to involuntary outpatient services as defined in paragraph (c), a county court.(b) “Involuntary inpatient placement” means placement in a secure receiving or treatment facility providing stabilization and treat…
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