Florida Senate - 2015                             CS for SB 1340
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Latvala
       
       
       
       
       586-02542-15                                          20151340c1
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.455, F.S.; defining the term
    4         “interested person”; amending s. 394.4598, F.S.;
    5         authorizing a family member of a patient or an
    6         interested party to petition a court for the
    7         appointment of a guardian advocate; requiring a court
    8         to give preference to certain specified surrogates if
    9         such surrogate has already been designated by the
   10         patient; creating s. 397.803, F.S.; establishing the
   11         Substance Abuse Assistance Pilot Program within the
   12         Department of Children and Families; requiring the
   13         department to determine a target number of
   14         participants within available funds; providing the
   15         purpose of the pilot program; requiring the program to
   16         develop safe and cost efficient treatment alternatives
   17         and provide comprehensive case management services for
   18         eligible substance abuse impaired adults; authorizing
   19         participation in the program as an alternative to
   20         criminal imprisonment; requiring that each pilot
   21         program submit specified data to the department on a
   22         monthly basis; providing eligibility criteria;
   23         requiring that maximum enrollment be determined by the
   24         department based on available funding; requiring the
   25         department to contract with specified entities to
   26         serve as program managers; specifying the functions of
   27         the program manager; requiring the department to
   28         establish certain criteria and qualifications for the
   29         project manager; requiring that a pilot program site
   30         have only one network in a given region; providing
   31         requirements for provider networks; specifying
   32         services that must be provided by a provider network;
   33         specifying that the primary payor for services
   34         provided through the program is the participant’s
   35         private pay or Medicaid insurance coverage; allowing
   36         eligible participants to share in the cost of provided
   37         services based on ability to pay; requiring the
   38         department to provide an annual report to the Governor
   39         and Legislature evaluating the impact of the program;
   40         requiring such report to include specified
   41         information; transferring and renumbering s. 765.401,
   42         F.S.; transferring and renumbering s. 765.404, F.S.;
   43         providing a directive to the Division of Law Revision
   44         and Information; creating s. 765.4015, F.S.; providing
   45         a short title; creating s. 765.402, F.S.; providing
   46         legislative findings; creating s. 765.403, F.S.;
   47         defining terms; creating s. 765.405, F.S.; authorizing
   48         an adult with capacity to execute a mental health or
   49         substance abuse treatment advance directive; providing
   50         a presumption of validity if certain requirements are
   51         met; providing for execution of the mental health or
   52         substance abuse treatment advance directive; creating
   53         s. 765.406, F.S.; establishing requirements for a
   54         valid mental health or substance abuse treatment
   55         advance directive; providing that a mental health or
   56         substance abuse treatment directive is valid upon
   57         execution even if a part of the mental health or
   58         substance abuse treatment directive takes effect at a
   59         later date; allowing a mental health or substance
   60         abuse treatment advance directive to be revoked, in
   61         whole or in part, or to expire under its own terms;
   62         specifying that a mental health or substance abuse
   63         treatment advance directive does not or may not serve
   64         specified purposes; creating s. 765.407, F.S.;
   65         providing circumstances under which a mental health or
   66         substance abuse treatment advance directive may be
   67         revoked; providing circumstances under which a
   68         principal may waive specific directive provisions
   69         without revoking the directive; creating s. 765.410,
   70         F.S.; prohibiting criminal prosecution of a health
   71         care facility, provider, or surrogate who acts
   72         pursuant to a mental health or substance abuse
   73         treatment decision; creating s. 765.411, F.S.;
   74         providing for recognition of a mental health and
   75         substance abuse treatment advance directive executed
   76         in another state if it complies with the laws of this
   77         state; amending ss. 394.495, 394.496, 394.9085
   78         395.0197, 395.1051, 409.972, 456.0575, 744.704,
   79         765.101, and 765.104, F.S.; conforming cross
   80         references; reenacting ss. 394.459(3)(b), 394.4598(6)
   81         and (7), 394.4655(6)(d) and (7)(f), 394.467(6)(d),
   82         394.46715, and 765.202(5), F.S., to incorporate the
   83         amendment made to s. 394.4598, F.S., in references
   84         thereto; providing an effective date.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Present subsections (16) through (32) and (34)
   89  through (38) of section 394.455, Florida Statutes, are
   90  redesignated as subsections (17) through (33) and (35) through
   91  (39), respectively, a new subsection (16) is added to that
   92  section, and present subsection (33) of that section is amended,
   93  to read:
   94         394.455 Definitions.—As used in this part, unless the
   95  context clearly requires otherwise, the term:
   96         (16) “Interested person” means, for the purposes of this
   97  chapter, any person who may reasonably be expected to be
   98  affected by the outcome of the particular proceeding involved,
   99  including anyone interested in the welfare of an incapacitated
  100  person.
  101         (34)(33) “Service provider” means any public or private
  102  receiving facility, an entity under contract with the Department
  103  of Children and Families to provide mental health services, a
  104  clinical psychologist, a clinical social worker, a marriage and
  105  family therapist, a mental health counselor, a physician, a
  106  psychiatric nurse as defined in subsection (24) (23), or a
  107  community mental health center or clinic as defined in this
  108  part.
  109         Section 2. Subsections (1) and (5) of section 394.4598,
  110  Florida Statutes, are amended to read:
  111         394.4598 Guardian advocate.—
  112         (1) The administrator, a family member of the patient, or
  113  an interested party, may petition the court for the appointment
  114  of a guardian advocate based upon the opinion of a psychiatrist
  115  that the patient is incompetent to consent to treatment. If the
  116  court finds that a patient is incompetent to consent to
  117  treatment and has not been adjudicated incapacitated and a
  118  guardian with the authority to consent to mental health
  119  treatment appointed, it shall appoint a guardian advocate. The
  120  patient has the right to have an attorney represent him or her
  121  at the hearing. If the person is indigent, the court shall
  122  appoint the office of the public defender to represent him or
  123  her at the hearing. The patient has the right to testify, cross
  124  examine witnesses, and present witnesses. The proceeding shall
  125  be recorded either electronically or stenographically, and
  126  testimony shall be provided under oath. One of the professionals
  127  authorized to give an opinion in support of a petition for
  128  involuntary placement, as described in s. 394.4655 or s.
  129  394.467, must testify. A guardian advocate must meet the
  130  qualifications of a guardian contained in part IV of chapter
  131  744, except that a professional referred to in this part, an
  132  employee of the facility providing direct services to the
  133  patient under this part, a departmental employee, a facility
  134  administrator, or member of the Florida local advocacy council
  135  shall not be appointed. A person who is appointed as a guardian
  136  advocate must agree to the appointment.
  137         (5) In selecting a guardian advocate, the court shall give
  138  preference to a health care, mental health care, or substance
  139  abuse treatment surrogate, if one has already been designated by
  140  the patient. If the patient has not previously selected a health
  141  care, mental health care, or substance abuse treatment
  142  surrogate, except for good cause documented in the court record,
  143  the selection shall be made from the following list in the order
  144  of listing:
  145         (a) The patient’s spouse.
  146         (b) An adult child of the patient.
  147         (c) A parent of the patient.
  148         (d) The adult next of kin of the patient.
  149         (e) An adult friend of the patient.
  150         (f) An adult trained and willing to serve as guardian
  151  advocate for the patient.
  152         Section 3. Section 397.803, Florida Statutes, is created to
  153  read:
  154         397.803Substance Abuse Assistance Pilot Program.
  155         (1) PILOT PROGRAM.—
  156         (a)There is created within the Department of Children and
  157  Families the Substance Abuse Assistance Pilot Program in such
  158  regions of the state as may be designated in the general
  159  appropriations act.
  160         (b)Within available funding, the department shall
  161  determine a target number of participants in each pilot program
  162  region.
  163         (c)The pilot program is created to determine whether the
  164  provision of comprehensive care through a coordinated system of
  165  case management that offers a range of recovery support services
  166  during and after treatment for acute episodes leads to increased
  167  employment, stability in housing, and decreased involvement in
  168  the criminal justice system on the part of participants.
  169         (d)The pilot program shall provide a comprehensive
  170  continuum of high-quality and accessible substance abuse
  171  intervention, residential and outpatient treatment,
  172  comprehensive case management, and recovery support services for
  173  substance abuse impaired adults.
  174         (e) The pilot program in each selected region shall develop
  175  safe and cost efficient treatment alternatives and provide
  176  comprehensive case management and continuum of care services for
  177  eligible substance abuse impaired adults.
  178         (f) Participation in the pilot program may be designated as
  179  an alternative to criminal imprisonment for substance abuse
  180  impaired adults, as appropriate.
  181         (g) Each pilot program region shall submit data to the
  182  department on a monthly basis that, at a minimum, reports
  183  characteristics of the participants, use of services, and such
  184  data as necessary to measure changes in participants’ status
  185  with regard to housing, employment, and criminal activity.
  186         (2)ELIGIBILITY AND ENROLLMENT.—Maximum enrollment shall be
  187  determined by the department, based on funding. To be eligible
  188  for participation in the pilot program a person must:
  189         (a)Be 18 years of age or older with a history of chronic
  190  substance abuse or addiction.
  191         (b)Execute a mental health or substance abuse treatment
  192  directive as defined in s. 765.403.
  193         (c)Include in the mental health or substance abuse
  194  treatment directive a self-binding arrangement provision that
  195  must:
  196         1.Be in writing.
  197         2.Be dated and signed by the principal or the principal’s
  198  designated representative if the principal is unable to sign.
  199         3.State whether the principal wishes to be able to revoke
  200  the directive at any time or whether the directive remains
  201  irrevocable when the principal is unable to consent to treatment
  202  or is incapacitated. Failure to clarify whether the directive is
  203  revocable does not render it unenforceable. If the directive
  204  fails to state whether it is revocable, the principal may revoke
  205  it at any time.
  206         4.Contain a clear affirmation that the principal is aware
  207  of the nature of the document signed and that the directive was
  208  signed freely and voluntarily.
  209         5.Be witnessed by at least two adults who, for the
  210  purposes of this section, may not be:
  211         a.A member of the principal’s treatment team;
  212         b.Related to the principal by blood, adoption, or
  213  marriage;
  214         c.Be in a romantic or dating relationship with the
  215  principal;
  216         d.The surrogate named by the principal in the signed
  217  directive; or
  218         e.The owner, operator, or employee of, or a relative of
  219  the owner, operator, or an employee of, a treatment facility in
  220  which the principal is a patient.
  221         6.Be witnessed by persons who attest that:
  222         a.They were present when the principal signed the
  223  directive;
  224         b.The principal appeared to have capacity and not be under
  225  undue influence or duress when he or she signed the directive;
  226  and
  227         c.The principal presented identification or the witness
  228  personally knows the principal.
  229         7.If the directive includes a provision that it is
  230  irrevocable, it must contain a written, signed attestation from
  231  a mental health professional that the principal had capacity at
  232  the time the directive was executed. If the principal is free to
  233  revoke the directive at any time, such attestation is not
  234  required.
  235         8.Be valid upon execution.
  236         9.Contain a designated activation standard other than the
  237  principal’s inability to provide consent to treatment or
  238  incapacity by describing circumstances or events under which the
  239  directive becomes active.
  240         10.Affirmatively state that despite activation, a
  241  directive does not prevail over contemporaneous preferences
  242  expressed by a principal who has capacity or the ability to
  243  consent to treatment and has not included a self-binding
  244  arrangement provision in the directive.
  245         11.Appoint a surrogate to make all health care and
  246  substance abuse treatment decisions for the principal, including
  247  decisions to consent on behalf of the principal to inpatient
  248  mental health or substance abuse treatment.
  249         12.Contain a provision that decisions made by a surrogate
  250  for a principal’s mental health care or substance abuse
  251  treatment are effective without judicial approval.
  252         (d)Share responsibility for the costs of pilot program
  253  services according to his or her ability to pay, based on a
  254  sliding scale.
  255         (3) SYSTEM OF CARE; CASE MANAGEMENT; PAYMENT METHOD.
  256         (a) The department shall contract with the Medicaid managed
  257  care organization or behavioral health managing entity operating
  258  in the applicable geographic region to serve as program manager.
  259         (b) The program manager is responsible for the following
  260  functions:
  261         1.Network management including recruitment and retention
  262  of an adequate number of qualified service providers to ensure
  263  accessibility and quality of care;
  264         2.Coordination of care, including the development and
  265  implementation of organizational structures and operational
  266  policies necessary to ensure that the network provides
  267  continuity of care and avoids unnecessary duplication of
  268  services;
  269         3.Comprehensive case management, which may be provided by
  270  the program manager or by a contracted service provider,
  271  including direct interaction with participants and other
  272  activities necessary to assess, plan, implement, and monitor the
  273  needed services; and
  274         4. Administrative functions for the network including, but
  275  not limited to, data management, financial management, and
  276  contract compliance.
  277         (c)The department shall establish criteria for ensuring
  278  that an adequate number of providers are included in the network
  279  and for provider qualifications, which shall be specified in the
  280  contract with the program manager. The pilot program shall be
  281  limited to one network in the region for the duration of the
  282  pilot program. The provider network shall:
  283         1. Offer a comprehensive range of services for substance
  284  abuse impaired or drug addicted adults.
  285         2. Enter into agreements with law enforcement agencies and
  286  the criminal justice system to divert nonviolent offenders with
  287  histories of serious substance abuse or chronic addiction into
  288  intensive treatment, comprehensive case management, and
  289  rehabilitation services.
  290         3. Enter into an agreement with the appropriate
  291  neighborhood housing services program to provide housing
  292  assistance to eligible participants.
  293         4. Enter into an agreement with the entity under contract
  294  with the Statewide Public Guardianship Office in the pilot
  295  program region to provide guardians to act in the capacity of
  296  surrogates for eligible participants who do not have family
  297  members or other adults available to perform such duties.
  298         5. Enter into an agreement with the applicable nonprofit
  299  local legal services organization serving the pilot program
  300  region to provide legal assistance to eligible participants.
  301         (4) SERVICES.The network must be capable of providing, at
  302  a minimum, the following services to substance abuse impaired or
  303  drug addicted adults:
  304         1. Comprehensive case management and continuum of care
  305  coordination;
  306         2. Outpatient treatment services;
  307         3. Crisis care, including mobile response, and
  308  detoxification in short-term residential facilities;
  309         4. Inpatient treatment services;
  310         5. Step-down residential treatment services;
  311         6. Housing needs assessment and assistance;
  312         7. Employment assistance programs;
  313         8. Transportation needs assessment and assistance; and
  314         9. Legal services.
  315         (5) PAYMENT FOR SERVICES.
  316         (a) The general revenue funds appropriated by the
  317  legislature for the purposes of this section shall be applied to
  318  payment for services only after an eligible participant’s
  319  private pay or Medicaid insurance coverage has been exhausted.
  320         (b) An eligible participant may share in the cost of
  321  provided services based on his or her ability to pay.
  322         (6) ACCOUNTABILITY; ANNUAL REPORTS.
  323         (a) By October 1 of each year, the department shall provide
  324  a written report to the Governor, the President of the Senate,
  325  and the Speaker of the House of Representatives which describes
  326  the operation and effectiveness of the pilot program. The report
  327  must include, but is not limited to, an evaluation of the impact
  328  of the following components of the program:
  329         1.Comprehensive case management;
  330         2.Care coordination and followup care;
  331         3.Housing initiatives; and
  332         4.Employment assistance.
  333         (b) The report must include a recommendation regarding the
  334  continuation, expansion, or termination of the pilot program.
  335         Section 4. Section 765.401, Florida Statutes, is
  336  transferred and renumbered as section 765.311, Florida Statutes.
  337         Section 5. Section 765.404, Florida Statutes, is
  338  transferred and renumbered as section 765.312, Florida Statutes.
  339         Section 6. The Division of Law Revision and Information is
  340  directed to rename part IV of chapter 765, Florida Statutes, as
  341  “Mental Health and Substance Abuse Advance Directives.”
  342         Section 7. Section 765.4015, Florida Statutes, is created
  343  to read:
  344         765.4015 Short title.—Sections 765.402-765.411 may be cited
  345  as the “Jennifer Act.”
  346         Section 8. Section 765.402, Florida Statutes, is created to
  347  read:
  348         765.402Legislative findings.
  349         (1) The Legislature recognizes that an individual with
  350  capacity has the ability to control decisions relating to his or
  351  her own mental health care or substance abuse treatment. The
  352  Legislature finds that:
  353         (a) Substance abuse and some mental illnesses cause
  354  individuals to fluctuate between capacity and incapacity;
  355         (b) During periods when an individual’s capacity is
  356  unclear, the individual may be unable to provide informed
  357  consent necessary to access needed treatment;
  358         (c) Early treatment may prevent an individual from becoming
  359  so ill that involuntary treatment is necessary; and
  360         (d) Individuals with substance abuse impairment or mental
  361  illness need an established procedure to express their
  362  instructions and preferences for treatment and provide advance
  363  consent to or refusal of treatment. This procedure should be
  364  less expensive and less restrictive than guardianship.
  365         (2) The Legislature further recognizes that:
  366         (a) A mental health or substance abuse treatment advance
  367  directive must provide the individual with a full range of
  368  choices.
  369         (b) For a mental health or substance abuse directive to be
  370  an effective tool, individuals must be able to choose how they
  371  want their directives to be applied, including the right of
  372  revocation, during periods when they are incompetent to consent
  373  to treatment.
  374         (c) There must be a clear process so that treatment
  375  providers can abide by an individual’s treatment choices.
  376         Section 9. Section 765.403, Florida Statutes, is created to
  377  read:
  378         765.403 Definitions.As used in this section, the term:
  379         (1) “Adult” means any individual who has attained the age
  380  of majority or is an emancipated minor.
  381         (2) “Capacity” means that an adult has not been found to be
  382  incapacitated pursuant to s. 394.463.
  383         (3) “Health care facility” means a hospital, nursing home,
  384  hospice, home health agency, or health maintenance organization
  385  licensed in this state, or any facility subject to part I of
  386  chapter 394.
  387         (4) “Incapacity” or “incompetent” means an adult who is:
  388         (a)Unable to understand the nature, character, and
  389  anticipated results of proposed treatment or alternatives or the
  390  recognized serious possible risks, complications, and
  391  anticipated benefits of treatments and alternatives, including
  392  nontreatment;
  393         (b)Physically or mentally unable to communicate a willful
  394  and knowing decision about mental health care or substance abuse
  395  treatment;
  396         (c)Unable to communicate his or her understanding or
  397  treatment decisions; or
  398         (d)Determined incompetent pursuant to s. 394.463.
  399         (5) “Informed consent” means consent voluntarily given by a
  400  person after a sufficient explanation and disclosure of the
  401  subject matter involved to enable that person to have a general
  402  understanding of the treatment or procedure and the medically
  403  acceptable alternatives, including the substantial risks and
  404  hazards inherent in the proposed treatment or procedures or
  405  nontreatment, and to make knowing mental health care or
  406  substance abuse treatment decisions without coercion or undue
  407  influence.
  408         (6) “Mental health or substance abuse treatment advance
  409  directive” means a written document in which the principal makes
  410  a declaration of instructions or preferences or appoints a
  411  surrogate to make decisions on behalf of the principal regarding
  412  the principal’s mental health or substance abuse treatment, or
  413  both.
  414         (7) “Mental health professional” means a psychiatrist,
  415  psychologist, psychiatric nurse, or social worker, and such
  416  other mental health professionals licensed pursuant to chapter
  417  458, chapter 464, chapter 490, or chapter 491.
  418         (8) “Principal” means a competent adult who executes a
  419  mental health or substance abuse treatment advance directive and
  420  on whose behalf mental health care or substance abuse treatment
  421  decisions are to be made.
  422         (9) “Surrogate” means any competent adult expressly
  423  designated by a principal to make mental health care or
  424  substance abuse treatment decisions on behalf of the principal
  425  as set forth in the principal’s mental health or substance abuse
  426  treatment advance directive or self-binding arrangement as those
  427  terms are defined in this section.
  428         Section 10. Section 765.405, Florida Statutes, is created
  429  to read:
  430         765.405 Mental health or substance abuse treatment advance
  431  directive; execution; allowable provisions.
  432         (1) An adult with capacity may execute a mental health or
  433  substance abuse treatment advance directive.
  434         (2) A directive executed in accordance with this section is
  435  presumed to be valid. The inability to honor one or more
  436  provisions of a directive does not affect the validity of the
  437  remaining provisions.
  438         (3) A directive may include any provision relating to
  439  mental health or substance abuse treatment or the care of the
  440  principal. Without limitation, a directive may include:
  441         (a) The principal’s preferences and instructions for mental
  442  health or substance abuse treatment.
  443         (b) Consent to specific types of mental health or substance
  444  abuse treatment.
  445         (c) Refusal to consent to specific types of mental health
  446  or substance abuse treatment.
  447         (d) Consent to admission to and retention in a facility for
  448  mental health or substance abuse treatment for up to 14 days.
  449  Such consent must be an affirmative statement contained within
  450  the directive and must clearly indicate whether such consent is
  451  revocable by the principal during a mental health or substance
  452  abuse crisis.
  453         (e) Descriptions of situations that may cause the principal
  454  to experience a mental health or substance abuse crisis.
  455         (f) Suggested alternative responses that may supplement or
  456  be in lieu of direct mental health or substance abuse treatment,
  457  such as treatment approaches from other providers.
  458         (g) The principal’s nomination of a guardian, limited
  459  guardian, or guardian advocate as provided chapter 744.
  460         (4) A directive may be combined with or be independent of a
  461  nomination of a guardian, other durable power of attorney, or
  462  other advance directive.
  463         Section 11. Section 765.406, Florida Statutes, is created
  464  to read:
  465         765.406 Execution of a mental health or substance abuse
  466  advance directive; effective date; expiration.
  467         (1) A directive must:
  468         (a) Be in writing.
  469         (b) Contain language that clearly indicates that the
  470  principal intends to create a directive.
  471         (c) Contain language that clearly indicates whether the
  472  principal intends for the surrogate to have the authority to
  473  provide consent on the principal’s behalf to voluntary admission
  474  to inpatient mental health or substance abuse treatment and
  475  whether the principal’s consent is revocable.
  476         (d) Be dated and signed by the principal or, if the
  477  principal is unable to sign, at the principal’s direction in the
  478  principal’s presence.
  479         (e) Be witnessed by two adults, each of whom must declare
  480  that he or she personally knows the principal and was present
  481  when the principal dated and signed the directive, and that the
  482  principal did not appear to be incapacitated or acting under
  483  fraud, undue influence, or duress. The person designated as the
  484  surrogate may not act as a witness to the execution of the
  485  document designating the mental health or substance abuse care
  486  treatment surrogate. At least one person who acts as a witness
  487  must be neither the principal’s spouse nor his or her blood
  488  relative.
  489         (2) A directive is valid upon execution, but all or part of
  490  the directive may take effect at a later date as designated by
  491  the principal in the directive.
  492         (3) A directive may:
  493         (a) Be revoked, in whole or in part, pursuant to s.
  494  765.407; or
  495         (b) Expire under its own terms.
  496         (4) A directive does not or may not:
  497         (a) Create an entitlement to mental health, substance
  498  abuse, or medical treatment or supersede a determination of
  499  medical necessity.
  500         (b) Obligate any health care provider, professional person,
  501  or health care facility to pay the costs associated with the
  502  treatment requested.
  503         (c) Obligate a health care provider, professional person,
  504  or health care facility to be responsible for the nontreatment
  505  or personal care of the principal or the principal’s personal
  506  affairs outside the scope of services the facility normally
  507  provides.
  508         (d) Replace or supersede any will or testamentary document
  509  or supersede the provision of intestate succession.
  510         (e) Be revoked by an incapacitated principal unless that
  511  principal selected the option to permit revocation while
  512  incapacitated at the time his or her directive was executed.
  513         (f) Be used as the authority for inpatient admission for
  514  more than 14 days.
  515         Section 12. Section 765.407, Florida Statutes, is created
  516  to read:
  517         765.407 Revocation; waiver.
  518         (1)(a) A principal with capacity may, by written statement
  519  of the principal or at the principal’s direction in the
  520  principal’s presence, revoke a directive in whole or in part.
  521         (b) A person incompetent to consent to treatment may revoke
  522  a directive only if he or she elected at the time of executing
  523  the directive to be able to revoke when incapacitated.
  524         (2) The principal shall provide a copy of his or her
  525  written statement of revocation to his or her agent, if any, and
  526  to each health care provider, professional person, or health
  527  care facility that received a copy of the directive from the
  528  principal.
  529         (3) The written statement of revocation is effective as to
  530  a health care provider, professional person, or health care
  531  facility upon receipt. The professional person, health care
  532  provider, or health care facility, or persons acting under their
  533  direction, shall make the statement of revocation part of the
  534  principal’s medical record.
  535         (4) A directive also may:
  536         (a) Be revoked, in whole or in part, expressly or to the
  537  extent of any inconsistency, by a subsequent directive; or
  538         (b) Be superseded or revoked by a court order, including
  539  any order entered in a criminal matter. The individual’s family,
  540  the health care facility, the attending physician, or any other
  541  interested person who may be directly affected by the
  542  surrogate’s decision concerning any health care may seek
  543  expedited judicial intervention pursuant to rule 5.900 of the
  544  Florida Probate Rules, if that person believes:
  545         1. The surrogate’s decision is not in accord with the
  546  individual’s known desires;
  547         2. The advance directive is ambiguous, or the individual
  548  has changed his or her mind after execution of the advance
  549  directive;
  550         3. The surrogate was improperly designated or appointed, or
  551  the designation of the surrogate is no longer effective or has
  552  been revoked;
  553         4. The surrogate has failed to discharge duties, or
  554  incapacity or illness renders the surrogate incapable of
  555  discharging duties;
  556         5. The surrogate has abused powers; or
  557         6. The individual has sufficient capacity to make his or
  558  her own health care decisions.
  559         (5) A directive that would have otherwise expired but is
  560  effective because the principal is incapacitated remains
  561  effective until the principal is no longer incapacitated unless
  562  the principal elected to be able to revoke while incapacitated
  563  and has revoked the directive.
  564         (6) When a principal with capacity consents to treatment
  565  that differs from, or refuses treatment consented to in, his or
  566  her directive, the consent or refusal constitutes a waiver of a
  567  particular provision and does not constitute a revocation of the
  568  provision or the directive unless that principal also revokes
  569  the provision or directive.
  570         Section 13. Section 765.410, Florida Statutes, is created
  571  to read:
  572         765.410 Immunity from liability; weight of proof;
  573  presumption.—
  574         (1) A health care facility, provider, or other person who
  575  acts under the direction of a health care facility or provider
  576  is not subject to criminal prosecution or civil liability, and
  577  may not be deemed to have engaged in unprofessional conduct, as
  578  a result of carrying out a mental health care or substance abuse
  579  treatment decision made in accordance with this section. The
  580  surrogate who makes a mental health care or substance abuse
  581  treatment decision on a principal’s behalf, pursuant to this
  582  section, is not subject to criminal prosecution or civil
  583  liability for such action.
  584         (2) This section applies unless it is shown by a
  585  preponderance of the evidence that the person authorizing or
  586  effectuating a mental health or substance abuse treatment
  587  decision did not, in good faith, comply with this section.
  588         Section 14. Section 765.411, Florida Statutes, is created
  589  to read:
  590         765.411Recognition of mental health and substance abuse
  591  treatment advance directive executed in another state.—A mental
  592  health or substance abuse treatment advance directive executed
  593  in another state in compliance with the law of that state is
  594  validly executed for the purposes of this chapter.
  595         Section 15. Subsection (3) of section 394.495, Florida
  596  Statutes, is amended to read:
  597         394.495 Child and adolescent mental health system of care;
  598  programs and services.—
  599         (3) Assessments must be performed by:
  600         (a) A professional as defined in s. 394.455(2), (4), (22)
  601  (21), (24) (23), or (25) (24);
  602         (b) A professional licensed under chapter 491; or
  603         (c) A person who is under the direct supervision of a
  604  professional as defined in s. 394.455(2), (4), (22) (21), (24)
  605  (23), or (25) (24) or a professional licensed under chapter 491.
  606  
  607  The department shall adopt by rule statewide standards for
  608  mental health assessments, which must be based on current
  609  relevant professional and accreditation standards.
  610         Section 16. Subsection (6) of section 394.496, Florida
  611  Statutes, is amended to read:
  612         394.496 Service planning.—
  613         (6) A professional as defined in s. 394.455(2), (4), (22)
  614  (21), (24) (23), or (25) (24) or a professional licensed under
  615  chapter 491 must be included among those persons developing the
  616  services plan.
  617         Section 17. Subsection (6) of section 394.9085, Florida
  618  Statutes, is amended to read:
  619         394.9085 Behavioral provider liability.—
  620         (6) For purposes of this section, the terms “detoxification
  621  services,” “addictions receiving facility,” and “receiving
  622  facility” have the same meanings as those provided in ss.
  623  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27)(26),
  624  respectively.
  625         Section 18. Paragraph (d) of subsection (1) of section
  626  395.0197, Florida Statutes, is amended to read:
  627         395.0197 Internal risk management program.—
  628         (1) Every licensed facility shall, as a part of its
  629  administrative functions, establish an internal risk management
  630  program that includes all of the following components:
  631         (d) A system for informing a patient or an individual
  632  identified pursuant to s. 765.311(1) s. 765.401(1) that the
  633  patient was the subject of an adverse incident, as defined in
  634  subsection (5). Such notice shall be given by an appropriately
  635  trained person designated by the licensed facility as soon as
  636  practicable to allow the patient an opportunity to minimize
  637  damage or injury.
  638         Section 19. Section 395.1051, Florida Statutes, is amended
  639  to read:
  640         395.1051 Duty to notify patients.—An appropriately trained
  641  person designated by each licensed facility shall inform each
  642  patient, or an individual identified pursuant to s. 765.311(1)
  643  s. 765.401(1), in person about adverse incidents that result in
  644  serious harm to the patient. Notification of outcomes of care
  645  that result in harm to the patient under this section shall not
  646  constitute an acknowledgment or admission of liability, nor can
  647  it be introduced as evidence.
  648         Section 20. Paragraph (b) of subsection (1) of section
  649  409.972, Florida Statutes, is amended to read:
  650         409.972 Mandatory and voluntary enrollment.—
  651         (1) The following Medicaid-eligible persons are exempt from
  652  mandatory managed care enrollment required by s. 409.965, and
  653  may voluntarily choose to participate in the managed medical
  654  assistance program:
  655         (b) Medicaid recipients residing in residential commitment
  656  facilities operated through the Department of Juvenile Justice
  657  or mental health treatment facilities as defined by s.
  658  394.455(33) s. 394.455(32).
  659         Section 21. Section 456.0575, Florida Statutes, is amended
  660  to read:
  661         456.0575 Duty to notify patients.—Every licensed health
  662  care practitioner shall inform each patient, or an individual
  663  identified pursuant to s. 765.311(1) s. 765.401(1), in person
  664  about adverse incidents that result in serious harm to the
  665  patient. Notification of outcomes of care that result in harm to
  666  the patient under this section shall not constitute an
  667  acknowledgment of admission of liability, nor can such
  668  notifications be introduced as evidence.
  669         Section 22. Subsection (7) of section 744.704, Florida
  670  Statutes, is amended to read:
  671         744.704 Powers and duties.—
  672         (7) A public guardian shall not commit a ward to a mental
  673  health treatment facility, as defined in s. 394.455(33) s.
  674  394.455(32), without an involuntary placement proceeding as
  675  provided by law.
  676         Section 23. Subsection (15) of section 765.101, Florida
  677  Statutes, is amended to read:
  678         765.101 Definitions.—As used in this chapter:
  679         (15) “Proxy” means a competent adult who has not been
  680  expressly designated to make health care decisions for a
  681  particular incapacitated individual, but who, nevertheless, is
  682  authorized pursuant to s. 765.311 s. 765.401 to make health care
  683  decisions for such individual.
  684         Section 24. Subsection (4) of section 765.104, Florida
  685  Statutes, is amended to read:
  686         765.104 Amendment or revocation.—
  687         (4) Any patient for whom a medical proxy has been
  688  recognized under s. 765.311 s. 765.401 and for whom any previous
  689  legal disability that precluded the patient’s ability to consent
  690  is removed may amend or revoke the recognition of the medical
  691  proxy and any uncompleted decision made by that proxy. The
  692  amendment or revocation takes effect when it is communicated to
  693  the proxy, the health care provider, or the health care facility
  694  in writing or, if communicated orally, in the presence of a
  695  third person.
  696         Section 25. Paragraph (b) of subsection (3) of s. 394.459,
  697  subsections (6) and (7) of s. 394.4598, paragraph (d) of
  698  subsection (6) and paragraph (f) of subsection (7) of s.
  699  394.4655, paragraph (d) of subsection (6) of s. 394.467, s.
  700  394.46715, and subsection (5) of s. 765.202, Florida Statutes,
  701  are reenacted for the purpose of incorporating the amendments
  702  made to s. 394.4598, Florida Statutes.
  703         Section 26. This act shall take effect July 1, 2015.