Baker Act: Definitions, Related Regulations, Key Inventory Items and Critical Time Ranges

The Baker Act is the generic name for the Florida Mental Health Act of 1971; [Chapter 394 - Mental Health Part 1 - Florida Mental Health Act Regulations 394.451-394.47891] allows individuals to undergo involuntary inspections and institutionalization. Baker Act allows involuntary examinations, by judges, law enforcement officials, doctors or mental health professionals

• Have a mental illness [as defined by the Baker Act].
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  • It is damage to yourself, harm to others, or evidence of self-neglect [as defined by the Baker Act].

"Psychiatric illness" means damage to a mental or emotional process that consciously controls a person's behavior or ability to perceive or understand reality. This is fundamentally a prejudice against the ability of the individual to satisfy ordinary people to interfere with life requirements. The term does not include developmental disorders as defined in Chapter 393, poisoning or conditions determined only by antisocial behavior or drug abuse impairments [as defined by the Baker Act].

relevant regulation:

394.459 patient rights.
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  394.4615 clinical record; confidential.
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  394.462 transport.
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  394.4625 Voluntary admission.
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  394.463 Involuntary inspection.
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  394.4655 Involuntary outpatient placement.
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  394.467 involuntary inpatients.
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  394.468 Admission and discharge procedures.
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  394.4685 Transfer patients between facilities.
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  394.469 Involuntary patients were discharged.

Key checklist items for documents:

Professional start involuntary examination certificate
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  • Includes customer/patient name
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  • Completion date and / or time
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  • Be sure to list mental illness diagnosis
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  • Can include behaviors that support psychological diagnosis
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  • Printed name of the professional who filled out the form
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  • Includes professional degrees/titles such as MD, PhD, LCSW, Physician, Psychiatrist, etc.

Release from involuntary examination

• Includes detailed information about the person being released by involuntary inspection
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  • Date and time of the exam included

Voluntary admission

• Use the correct form for underage children and adults
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  • If minor children refuse to sign together, please indicate on the Voluntary Admission Form
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  • Voluntary Admission Form can only be signed by legal guardian/parent
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  • Always include the patient's name
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  • Make sure that the person came to the hospital
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  • The printed name of the staff/person who witnessed the signatory must be legal

Petition for involuntary inpatient visits

• The name of the psychiatrist/clinical psychologist needs to be in the right place
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  • The first and second comments must be completed before the Baker Act expires
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  • Includes observations to support petitions
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  • Date and time of the exam included
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  • Writing on the document needs to be legal

Choose a key time frame

Professional start involuntary examination certificate

• Check previous people within 48 hours
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  • 72 hours non-transferable - must be transferred to a voluntary state or must initiate an involuntary hospitalization process

Emergency medical condition

• The 72-hour period begins when the patient arrives at the hospital and stops when the attending physician records that the patient has an emergency medical condition.
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  • Once the person is medically clear, the BA clock is restored.
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  • The following conditions must occur within 12 hours of the patient's medical visit: the patient's condition is stable or there is no emergency medical condition:
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  1. The patient must be inspected and released by the designated receiving facility; Egypt
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  2. The patient must be transferred to a designated receiving facility that can provide appropriate medical care.

Petition for involuntary inpatient visits

• First opinion, second opinion and court application must be completed within 72 hours

Request hospital to be discharged

• A doctor, clinical psychologist or psychiatrist must be notified as soon as possible, no later than 12 hours after the request is made.
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  • Patients must be examined within 24 hours, 1] must be discharged 2] must start involuntary hospitalization or 3] patients must cancel discharge requirements

Transfer to involuntary status

• If you submit an involuntary resettlement application, you must submit it within 2 working days of the court.

Court hearing involuntary inpatients

• Within 5 court days

Habeas Corpus's text

• Must be submitted to the court on the next court day

Resources:

National Mental Diseases Alliance
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  Http://www.nami.org
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  1 [800] 950-NAMI [6264]

National Institute of Mental Health
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  Http://www.nimh.nih.gov

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Orignal From: Baker Act: Definitions, Related Regulations, Key Inventory Items and Critical Time Ranges