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The Florida Statutes

The 2020 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 397
SUBSTANCE ABUSE SERVICES
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F.S. 397.6793
397.6793 Professional’s certificate for emergency admission.
(1) A physician, a clinical psychologist, a physician assistant working under the scope of practice of the supervising physician, a psychiatric nurse, an advanced practice registered nurse, a mental health counselor, a marriage and family therapist, a master’s-level-certified addictions professional for substance abuse services, or a clinical social worker may execute a professional’s certificate for emergency admission. The professional’s certificate must include the name of the person to be admitted, the relationship between the person and the professional executing the certificate, the relationship between the applicant and the professional, any relationship between the professional and the licensed service provider, a statement that the person has been examined and assessed within the preceding 5 days after the application date, and factual allegations with respect to the need for emergency admission, including:
(a) The reason for the belief that the person is substance abuse impaired;
(b) The reason for the belief that because of such impairment the person has lost the power of self-control with respect to substance abuse; and
(c)1. The reason for the belief that, without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted or, unless admitted, is likely to inflict, physical harm on himself, herself, or another; or
2. The reason for the belief that the person’s refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the person is incapable of appreciating his or her need for care and of making a rational decision regarding his or her need for care.
(2) The professional’s certificate must recommend the least restrictive type of service that is appropriate for the person. The certificate must be signed by the professional. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer shall take the person named in the certificate into custody and deliver him or her to the appropriate facility for involuntary assessment and stabilization.
(3) A signed copy of the professional’s certificate shall accompany the person and shall be made a part of the person’s clinical record, together with a signed copy of the application. The application and the professional’s certificate authorize the involuntary admission of the person pursuant to, and subject to the provisions of, ss. 397.679-397.6797.
(4) The professional’s certificate is valid for 7 days after issuance.
(5) The professional’s certificate must indicate whether the person requires transportation assistance for delivery for emergency admission and specify, pursuant to s. 397.6795, the type of transportation assistance necessary.
History.s. 6, ch. 93-39; s. 743, ch. 95-148; s. 28, ch. 2016-241; s. 28, ch. 2018-106.