Can You Visit Someone Who Is Baker Acted

When a person is taken into custody under the mental health law in Florida and sent for an involuntary psychiatric examination it tin be very scary for them and their friends and family. Commonly referred to every bit a "Baker Act" the initiation of an involuntary exam, what that ways and what rights are accorded to a person is frequently not known and understood.

The information below and the flow chart on this page are designed to help anyone improve understand the process.

NOTE: The mental health police in Florida was amended in 2022 to offer meliorate protection for minors and the flow chart has not yet been updated to reflect this change.

Question: What are the criteria for an involuntary examination, a Bakery Act?

Reply: A person may exist taken to a receiving facility (psychiatric ward) for involuntary exam 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 careful explanation and disclosure of the purpose of the exam; or 2. The person is unable to determine for himself or herself whether examination is necessary; and (b)1. Without care or treatment, the person is likely to suffer from fail or refuse to care for himself or herself; such fail or refusal poses a existent and present threat of substantial harm to his or her well-existence; and it is not credible that such harm may exist avoided through the help of willing family members or friends or the provision of other services ; or ii. At that place is a substantial likelihood that without care or treatment the person will cause serious actual harm to himself or herself or others in the near future, as evidenced past contempo behavior.

Question: How long may a person be held for involuntary examination under the Baker Act?

Answer: An developed may be held upwardly to 72 hours for an involuntary exam. However the examination period for a minor, anyone 17 or younger, is 12 hours. Specifically the examination for a child "shall exist initiated inside 12 hours after the patient'southward inflow at the facility."

If the exam menstruation for an adult or a modest has concluded then one of the following actions must exist taken:

• The patient shall be released, unless he or she is charged with a criminal offense, in which example the patient shall be returned to the custody of a law enforcement officer;
• The patient shall be released for voluntary outpatient treatment;
• The patient, unless he or she is charged with a crime, shall exist asked to give express and informed consent to placement every bit a voluntary patient and, if such consent is given, the patient shall be admitted as a voluntary patient; or
• A petition for involuntary services shall be filed in the excursion court if inpatient treatment is deemed necessary. This is the start of a possible involuntary psychiatric commitment.

NOTE: You do not demand to sign yourself in as voluntary in order to exist discharged! If the test period is over and you or your loved one exercise not want voluntary treatment and then by law belch is the next footstep unless a crime is involved.

If the exam period ends on a weekend or a holiday so no afterward than the next working twenty-four hour period the in a higher place must be done.

Question: When does a patient need to be examined past a health practitioner?

Answer: Florida Statute 394.459Rights of patients, Section (2)RIGHT TO Treatment, Subsection (c) states:

"(c) Each person who remains at a receiving or treatment facility for more than than 12 hours shall be given a concrete exam past a wellness practitioner authorized past law to give such examinations, within 24 hours after arrival at such facility."

Information technology is important to understand that according to the Florida Administrative Lawmaking 65E-5.160 Correct to Handling that this exam must include a decision that abnormalities of idea, mood or beliefs due to non-psychiatric causes accept been ruled out.

"(3) The concrete examination required to be provided to each person who remains at a receiving or treatment facility for more than 12 hours must include:

(a) A determination of whether the person is medically stable; and

(b) A determination that abnormalities of thought, mood, or beliefs due to

non-psychiatric causes have been ruled out."

It is medically known that at that place is a very real possibility that what seems to be a psychiatric trouble can be caused by some physical disease with more than 100 medical disorders having been documented to mimic mental illness symptoms.

There are many different physical disorders that may lead a doctor to misdiagnose someone as having low or bi-polar disorder such every bit influenza, infectious mononucleosis, viral pneumonia, cancer, slumber apnea and thyroid disease to name but a few.

Ideally this examination would exist past a non-psychiatric and independent medical doctor and documented as having been administered to rule out non-psychiatric causes of thought, mood or beliefs including the post-obit tests to rule out physical ailments that can present as mental illness:

• sTSH (thyroid test)
• CBC (consummate blood count)
• SGOT (liver function examination)
• Serum albumin
• Serum calcium
• Vitamin B12
• Urinalysis
• 12 panel drug test

Question: Does a patient have a right to say what treatment they practice or do not want to receive?

Answer: Florida Statute 394.459,Rights of patients, Section (2)RIGHT TO Treatment, Subsection (due east) states:

"(e) Not more than five days after admission to a facility, each patient shall have and receive an individualized treatment plan in writing which the patient has had an opportunity to assist in preparing and to review prior to its implementation. The programme shall include a space for the patient's comments."

However, if yous truly want to ensure that your wishes are respected, you should consummate a Mental Health Advance Directive. This form can be downloaded from the Section of Children and Families at this link – Mental Health Advance Directive. You may also be interested in attending one of our workshops on Mental Health Advance Directives. These workshops are delivered by an chaser and are free of charge. For more than information please phone call 727-442-8820.

Question: What is Express and Informed Consent?

Answer: Florida Statute 394.459,Rights of patients, Section (3),RIGHT TO Limited AND INFORMED PATIENT CONSENT, Subsection (a)two. states:

"two. Before giving express and informed consent, the post-obit data shall exist provided and explained in manifestly linguistic communication to the patient, or to the patient's guardian if the patient is 18 years of age or older and has been adjudicated incapacitated, or to the patient's guardian advocate if the patient has been plant to be incompetent to consent to treatment, or to both the patient and the guardian if the patient is a minor: the reason for access or treatment; the proposed treatment; the purpose of the treatment to be provided; the common risks, benefits, and side effects thereof; the specific dosage range for the medication, when applicable; culling treatment modalities; the approximate length of care; the potential effects of stopping handling; how treatment will be monitored; and that any consent given for treatment may be revoked orally or in writing before or during the treatment period by the patient or by a person who is legally authorized to brand health care decisions on behalf of the patient."

This simply means that a person, or the person'south guardian, is to exist told, among other things:

• the reason for admission or treatment;
• the proposed treatment;
• the purpose of the treatment to exist provided;
• the common risks
• the benefits
• the side effects
• alternative treatment;
• the approximate length of intendance;
• the potential effects of stopping treatment;
• how treatment will be monitored;
• and that any consent given for treatment may exist revoked orally or in writing before or during the treatment period by the patient or by a person who is legally authorized to make health care decisions on behalf of the patient

Question: Does a parent/guardian have the correct to limited and informed consent to handling if a patient is a small-scale?

Answer: Yep.

Florida Statute 394.459,Rights of patients, Department (3),Right TO Express AND INFORMED PATIENT CONSENT, Subsection (a)ane. states:

"(a)ane. Each patient entering handling shall exist asked to requite limited and informed consent for admission or treatment. If the patient has been adjudicated incapacitated or found to be incompetent to consent to treatment, express and informed consent to treatment shall be sought instead from the patient'southward guardian or guardian abet. If the patient is a modest, limited and informed consent for admission or handling shall also be requested from the patient'due south guardian. Express and informed consent for admission or treatment of a patient under 18 years of age shall be required from the patient's guardian, unless the small is seeking outpatient crisis intervention services nether s. 394.4784. Express and informed consent for admission or treatment given by a patient who is under eighteen years of age shall not be a condition of admission when the patient's guardian gives express and informed consent for the patient's admission pursuant to due south. 394.463 or south. 394.467."

Question: Does a patient accept the correct to communicate to their chaser, family and/or report declared abuse?

Answer: Yeah, but there are restrictions.

The law covering this is Florida Statute 394.459,Rights of patients, Section (five)Advice, Abuse REPORTING, AND VISITS, Subsections (c), (d) and (e) and it tin exist found by clicking here.

In our viewpoint, the important points to know are that :

• A person does have the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the person or others
• A telephone that allows for free local calls and access to a long-distance service is to be made available as soon every bit reasonably possible
• The telephone shall exist readily accessible to the patient and shall be placed so that the patient may use it to communicate privately and confidentially.
• Facility rules on the employ of the telephone may not interfere with a patient's access to a telephone to study abuse
• Each patient shall be allowed to receive, send, and mail sealed, unopened correspondence
• No patient'southward incoming or outgoing correspondence shall exist opened, delayed, held, or censored by the facility unless there is reason to believe that it contains items or substances which may be harmful to the patient or others
• Each facility must permit firsthand access to whatever patient, subject to the patient's correct to deny or withdraw consent at any time, past the patient's family members, guardian, guardian abet, representative, Florida statewide or local advocacy council, or attorney, unless such access would be detrimental to the patient

"If a patient's right to communicate or to receive visitors is restricted by the facility, written notice of such restriction and the reasons for the restriction shall be served on the patient, the patient'southward chaser, and the patient's guardian, guardian abet, or representative; and such restriction shall be recorded on the patient's clinical record with the reasons therefor. The brake of a patient'southward right to communicate or to receive visitors shall exist reviewed at to the lowest degree every vii days. The right to communicate or receive visitors shall not be restricted as a means of punishment."

• Each facility shall establish reasonable rules governing visitors, visiting hours, and the use of telephones by patients in the least restrictive possible manner.
• Patients shall take the right to contact and to receive communication from their attorneys at whatsoever reasonable time.
• Each patient receiving mental health treatment in whatsoever facility shall have ready access to a telephone in order to report an alleged abuse.
• The facility staff shall orally and in writing inform each patient of the procedure for reporting abuse and shall brand every reasonable effort to present the information in a language the patient understands.
• A written re-create of that procedure, including the phone number of the central corruption hotline and reporting forms, shall be posted in manifestly view.

Question: Does the family or Representative of a patient, who was sent for involuntary examination accept to be notified?

Answer: Yes, co-ordinate to Florida Statute 394.4599 Find, a facility is required to give prompt notice of the whereabouts of an adult who is beingness involuntarily held for examination to the individual's guardian, guardian advocate, wellness care surrogate or proxy, attorney or representative, by telephone or in person inside 24 hours after the private's arrival at the facility. These contact attempts are to exist documented in the individual's clinical tape and begun every bit soon as reasonably possible subsequently the private's arrival.

In the instance of a kid, a facility is required to requite find of the whereabouts of a minor who is existence involuntarily held for exam to the minor's parent, guardian, caregiver, or guardian advocate, in person or by phone or other course of electronic communication, immediately afterward the pocket-sized's arrival at the facility.

Even so, the facility may delay notification for no more than 24 hours after the minor's arrival if the facility has submitted a report to the central corruption hotline based upon knowledge or suspicion of abuse, abandonment, or neglect and if the facility deems a delay in notification to be in the pocket-size's best interest.

Question: What are the criteria used for involuntary examination, a Baker Act?

Respond: Florida Statute 394.463,Involuntary examination, states:

(1) CRITERIA.—A person may be taken to a receiving facility for involuntary test if at that place is reason to believe that the person has a mental affliction 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 test; or

2. The person is unable to determine for himself or herself whether examination is necessary; and

(b)1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may exist avoided through the help of willing family members or friends or the provision of other services; or

2. There is a substantial likelihood that without intendance or treatment the person volition cause serious bodily harm to himself or herself or others in the nearly futurity, as evidenced by recent beliefs.

Emphasis has been added to show the fundamental parts of these criteria.

Full Text of the Mental Health Law for Florida: The Bakery ActDownload Baker Deed Flow Nautical chart

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Source: https://www.cchrflorida.org/question-and-answers-about-the-florida-involuntary-commitment-law-the-baker-act/

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