Florida Statutes 394.4597 – Persons to be notified; patient’s representative
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(1) VOLUNTARY PATIENTS.–At the time a patient is voluntarily admitted to a receiving or treatment facility, the identity and contact information of a person to be notified in case of an emergency shall be entered in the patient’s clinical record.
(2) INVOLUNTARY PATIENTS.–
(a) At the time a patient is admitted to a facility for involuntary examination or placement, or when a petition for involuntary placement is filed, the names, addresses, and telephone numbers of the patient’s guardian or guardian advocate, or representative if the patient has no guardian, and the patient’s attorney shall be entered in the patient’s clinical record.
Terms Used In Florida Statutes 394.4597
- Administrator: means the chief administrative officer of a receiving or treatment facility or his or her designee. See Florida Statutes 394.455
- Adult: means an individual who is 18 years of age or older or who has had the disability of nonage removed under chapter 743. See Florida Statutes 394.455
- Clinical record: means all parts of the record required to be maintained and includes all medical records, progress notes, charts, and admission and discharge data, and all other information recorded by facility staff which pertains to the patient's hospitalization or treatment. See Florida Statutes 394.455
- Facility: means any hospital, community facility, public or private facility, or receiving or treatment facility providing for the evaluation, diagnosis, care, treatment, training, or hospitalization of persons who appear to have or who have been diagnosed as having a mental illness or substance abuse impairment. See Florida Statutes 394.455
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means the natural guardian of a minor, or a person appointed by a court to act on behalf of a ward's person if the ward is a minor or has been adjudicated incapacitated. See Florida Statutes 394.455
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Involuntary examination: means an examination performed under…. See Florida Statutes 394.455
- Patient: means any person, with or without a co-occurring substance abuse disorder, who is held or accepted for mental health treatment. See Florida Statutes 394.455
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Representative: means a person selected to receive notice of proceedings during the time a patient is held in or admitted to a receiving or treatment facility. See Florida Statutes 394.455
- Treatment facility: means a state-owned, state-operated, or state-supported hospital, center, or clinic designated by the department for extended treatment and hospitalization, beyond that provided for by a receiving facility, of persons who have a mental illness, including facilities of the United States Government, and any private facility designated by the department when rendering such services to a person pursuant to the provisions of this part. See Florida Statutes 394.455
(b) If the patient has no guardian, the patient shall be asked to designate a representative. If the patient is unable or unwilling to designate a representative, the facility shall select a representative.
(c) The patient shall be consulted with regard to the selection of a representative by the receiving or treatment facility and shall have authority to request that any such representative be replaced.
(d) When the receiving or treatment facility selects a representative, first preference shall be given to a health care surrogate, if one has been previously selected by the patient. If the patient has not previously selected a health care surrogate, the selection, except for good cause documented in the patient’s clinical record, shall be made from the following list in the order of listing:
1. The patient’s spouse.
2. An adult child of the patient.
3. A parent of the patient.
4. The adult next of kin of the patient.
5. An adult friend of the patient.
(e) The following persons are prohibited from selection as a patient’s representative:
1. A professional providing clinical services to the patient under this part.
2. The licensed professional who initiated the involuntary examination of the patient, if the examination was initiated by professional certificate.
3. An employee, an administrator, or a board member of the facility providing the examination of the patient.
4. An employee, an administrator, or a board member of a treatment facility providing treatment for the patient.
5. A person providing any substantial professional services to the patient, including clinical services.
6. A creditor of the patient.
7. A person subject to an injunction for protection against domestic violence under s. 741.30, whether the order of injunction is temporary or final, and for which the patient was the petitioner.
8. A person subject to an injunction for protection against repeat violence, stalking, sexual violence, or dating violence under s. 784.046, whether the order of injunction is temporary or final, and for which the patient was the petitioner.