Baker Act 10 2013

Agenda

Introduction to related laws
Criteria for and initiation of:

Risks & Responsibilities
Baker Act
&
Marchman Act

Baker Act Involuntary Examinations
Marchman Act Involuntary Admissions
Emergency Medical Conditions
Rights of Persons
Training Resources
Questions & Answers

Baptist Health
South Florida
October 8, 2013

2

Alternatives to the Baker Act

History & Overview

Mental Illness Only
Marchman Act, Chapter 397
Developmental Disabilities, Chapter 393

History

Psychiatric – Not Medical
Emergency Examination & Treatment of
Incapacitated Persons Act, Chapter 401
Federal EMTALA – Emergency Medical
Treatment and Active Labor Act & State’s
Access to Emergency Services & Care,
395.1041, F.S.
766.103 Florida Medical Consent Law
Probate Rule 5.900 Expedited Judicial
Intervention Concerning Medical
Treatment Procedures

Lack of due process
Representative Maxine Baker / Intent
1971 passage -- 1972 implementation
Frequently amended
Balances liberty interests against safety of individual and society

Intervention Alternatives
Adult Protective Services, Chapter 415
Guardianship, Chapter 744
Advance Directives Act/Health Care
Surrogate & Proxy, Chapter 765
Not a Discharge Destination
Nursing Homes/Assisted Living Facilities
3

4

1

Receiving Facilities

Private Receiving Facilities

Unless designated by DCF, facilities are not permitted to hold or treat persons for mental illness against their will or without their express and informed consent, except as required under federal EMTALA law.
Receiving Facility: Any public or private facility designated by DCF to receive and hold involuntary patients under emergency conditions for psychiatric evaluation and to provide short-term treatment (excludes jails,
ALF’s and nursing homes.
Receiving Facilities must:
Provide onsite emergency reception, screening & inpatient treatment services
24 hours a day, 7 days a week, regardless of ability to pay
Accept persons of all ages

Private Receiving Facilities
Mount Sinai ED
2845