Baker Act: Definitions, Relevant Statutes, Key Checklist Items, and Critical Timelines
The “Baker Act” is the common name for the Florida Mental Health Act of 1971; (Chapter 394 – Mental Health Part 1 – Florida Mental Health Law State Statutes 394.451-394.47891) which allows a person to be examined and involuntary institutionalized examination and may be initiated by judges, law enforcement officials, physicians, or mental health professionals.
• have a mental illness (as defined in the Baker Act).
• is a harm to self, harm to others, or there is evidence of self-negligence (as defined in the Baker Act).
Mental illness” means an impairment of mental illness or of emotional processes that exert conscious control over one’s actions or of the ability to perceive or understand reality, an impairment that substantially interferes with the person’s ability to meet ordinary demands For purposes of this part, the term does not include a developmental disability as defined in chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment” (as defined in the Baker Act ).
RELATED STATUTES:
394.459 Rights of patients.
394.4615 Clinical records; confidentiality
394,462 Transportation.
394.4625 Voluntary admissions.
394.463 Involuntary examination.
394.4655 Involuntary outpatient placement.
394.467 Involuntary admission of hospitalized patients.
394.468 Admission and discharge procedures.
394.4685 Transfer of patients between facilities.
394,469 Discharge of involuntary patients.
KEY ITEMS OF THE DOCUMENT CHECKLIST:
Professional Certificate Initiating Involuntary Examination
• Include the name of the client/patient
• Full date and/or time
• Be sure to include the diagnosis of mental illness
• Behaviors that support the mental diagnosis may be included.
• Include in block letters the name of the professional completing the form
• Include the title/title of the professional, eg, MD, PhD, LCSW, medical doctor, psychiatrist, etc.
Involuntary Examination Release
• Include details of why the person is being released from involuntary screening.
• Include exam date and time
Voluntary Admission
• Use the correct forms for minor child and adult
• Note on voluntary admission form if minor refuses to co-sign
• The voluntary admission form can only be signed by a legal guardian/parent
• Be sure to include the patient’s name
• Be sure to fill in the reason the person came to the hospital
• The printed name of the staff/person witnessing the signing must be legible
Petition for Involuntary Inpatient Placement
• The name of the psychiatrist/clinical psychologist must be on the correct line
• Opinions 1 and 2 must be completed before the Baker Act expires
• Include observations that support the petition
• Include the date and time of the exam
• The writing on the document must be legible
SELECT CRITICAL DEADLINES
Professional Certificate Initiating Involuntary Examination
• Examine the person within the previous 48 hours
• The 72-hour clock is non-negotiable: the person must convert to voluntary status or an involuntary commitment process must be initiated.
Emergency medical condition
• The 72-hour period begins when the patient arrives at the hospital and ends when the treating physician documents that the patient has an emergency medical condition.
• Once the person is discharged, the BA clock resumes.
• One of the following must occur within 12 hours after the patient’s treating physician documents that the patient’s medical condition has stabilized or that an emergency medical condition does not exist:
1. The patient must be examined by a designated receiving facility and released; Prayed
2. The patient must be transferred to a designated receiving facility where appropriate medical treatment is available.
Petition for Involuntary Inpatient Placement
• 1st Opinion, 2nd Opinion and court filing must be done within 72 hours
Hospital Discharge Request
• You must contact a physician, clinical psychologist, or psychiatrist as quickly as possible, but no later than 12 hours after the request.
• The person must be examined within 24 hours and 1) must be discharged 2) an involuntary commitment process must be initiated or 3) the patient must rescind the request for discharge
Transfer to involuntary state
• If an involuntary placement petition is filed, it must be filed within 2 short business days
Judicial hearing on the involuntary admission of hospitalized patients
• Within 5 short business days
writ of habeas corpus
• You must appear in court by the next court business day
Means:
National Alliance on Mental Illness
http://www.nami.org
1 (800) 950-NAMI (6264)
National Institute of Mental Health
http://www.nimh.nih.gov