Individualized Treatment Plan.--Services must be prescribed by a physician and provided under an individualized written plan of treatment established by a physician after any needed consultation with appropriate staff members. The plan must state the type, amount, frequency, and duration of the services to be furnished and indicate the diagnoses and anticipated goals. (A plan is not required if only a few brief services are furnished.)
Do you have to have a treatment plan for Baker Act?
§32.03 THE BAKER ACT: MENTAL HEALTH 32-3 DCF is responsible for designing, assessing and implementing Florida's mental health program, which includes community services, receiving and treating facilities, research and training. DCF also has rule-making responsibility for implementing the Baker Act. Accordingly, DCF developed rules
What is the role of Baker Act receiving facility?
When an individual is petitioned for involuntary services in a Baker Act facility, the petitioner must be able to prove that the individual: will benefit from services provided in the facility. Treatment plans are expected to be developed: by the individual and the provider.
What constitutes quality treatment under Florida’s Baker Act?
Discharge from Receiving and Treatment Facilities A discharge plan is defined in the Baker Act rules to mean the plan developed with the person, which sets forth how the person will meet his or her needs, Discharge Planning State of Florida Department of Children and Families Mental Health Program Office Florida’s Baker Act Website – May 2002
What can the Baker Act be used to authorize?
Baker Act Involuntary Examination: Criteria, Processes and Timeframes State of Florida Department of Children and Families Mental Health Program Office Florida’s Baker Act Website – May 2002 5 competence to consent to treatment. If the court finds that the person is incompetent to consent to treatment, it must appoint a guardian advocate ...
When an individual is in Baker Act facility they have the right to?
§32.03 Patient Rights The Baker Act provides mental health patients with the following nine (9) fundamental rights: indi- vidual dignity; right to receive treatment; express and informed consent; quality treatment; communi- cation, abuse reporting and visits; care and custody of personal effects; voting in public ...
When an individual is placed under a Baker Act they must be transported to the receiving facility?
When transporting an individual to a receiving facility, the individual should be transported: in the least restrictive form. This means that most individuals will not need handcuffs during transport.
What does the Baker Act allow quizlet?
An emergency physician is permitted by law to conduct the involuntary Baker Act examination and to authorize the individual's direct release from the hospital, without consulting with a psychiatrist. Only people on involuntary status are protected by the Baker Act.
Who can release a Baker Act in Florida?
When a person is Baker Acted in Florida they are taken to a mental health hospital that is also a Baker Act receiving facility. A mental evaluation must be performed within 72 hours. After 72 hours if deemed mentally stable the person will be released.Dec 14, 2020
When a minor is under a Baker Act all treatments?
The Baker Act has long allowed minors age 12 or older to seek crisis intervention services and treatment without the consent of a guardian. This should be for crisis oriented services and can't exceed more than two visits during any one week period.
When an individual is petitioned for involuntary services in a Baker Act facility?
law enforcement officer or a medical transport service. When an individual is petitioned for involuntary services in a Baker Act facility, the petitioner must be able to prove that the individual: will benefit from services provided in the facility.
Which of the following must be included in a treatment plan?
Treatment plans usually follow a simple format and typically include the following information:The patient's personal information, psychological history and demographics.A diagnosis of the current mental health problem.High-priority treatment goals.Measurable objectives.A timeline for treatment progress.More items...•Aug 24, 2018
When transporting an individual under a Baker Act it is generally best practice to?
When transporting an individual to a receiving facility, the individual should be transported: in the least restrictive form. This means that most individuals will not need handcuffs during transport.
Which of the following is an important element of safety planning?
Which of the following is an important element of safety planning? the individual's imminent risk of potential bodily harm to self or others in the near future. determining level of risk.
Can Baker Act patients refuse treatment?
A patient can technically refuse medication, and a parent can refuse on behalf of a child. But there may be consequences, such as a longer stay or a report of abuse to the authorities. This is why it is so important to ensure that you have competent legal representation when a loved one ends up in a Baker Act facility.
What happens when you get Baker acted in Florida?
What Is The Baker Act? The Baker Act in Florida enables involuntary, also known as emergency, mental health services to become available to a person who cannot or will not request help themselves. This may include law officials or family members who recognize the need for a person to receive immediate help.Jul 28, 2021
Why was the Baker Act created?
According to Representative Baker, the intent of the Act was to encourage voluntary commitments as opposed to involuntary (when the person was competent to consent), to separate the process of hospitalization from the process of legal incompetency, to increase community care of persons with mental illnesses, and to ...
What is the Baker Act?
The Baker Act ensures that people hospitalized for mental illness must have the opportunity to participate in discharge planning and be notified in writing of his or her right, upon discharge from the facility, to seek treatment from the professional or agency of choice. However, no professional is required to accept persons for psychiatric treatment.
How long does a person have to be discharged?
discharge plan is defined in the Baker Act rules to mean the plan developed with the person, which sets forth how the person will meet his or her needs, including housing, transportation, aftercare, physical health, and securing needed psychotropic medications for the post-discharge period of up to 21 days .
How long does an involuntary examination last?
person for whom an involuntary examination has been initiated who is being evaluated or treated at a hospital for an emergency medical condition must be examined by a receiving facility within 72 hours. The 72-hour period begins when the person arrives at the hospital and ceases when the attending physician documents that the person has an emergency medical condition. One of the following must occur within 12 hours after the person’s attending physician documents that the person’s medical condition has stabilized or that an emergency medical condition does not exist:
Who must send a copy of a court order?
Receiving facilities must send a copy of the court order, law enforcement officer’s report, or professional’s certificate initiating the involuntary examination (with the required cover sheet) to the Agency for Health Care Administration (AHCA) on the next working day after the person’s arrival at the facility.
What is a treatment plan?
A treatment plan may outline a plan for treating a mental health condition such as depression, anxiety, or a personality disorder. Treatment plans can also be applied to help individuals work through addictions, relationship problems, or other emotional concerns.
Why are treatment plans important?
Treatment plans are important for mental health care for a number of reasons: Treatment plans can provide a guide to how services may best be delivered. Professionals who do not rely on treatment plans may be at risk for fraud, waste, and abuse, and they could potentially cause harm to people in therapy.
What is a mental health treatment plan?
Mental health treatment plans are versatile, multi-faceted documents that allow mental health care practitioners and those they are treating to design and monitor therapeutic treatment. These plans are typically used by psychiatrists, psychologists, professional counselors, therapists, and social workers in most levels of care.
What is goal language?
The language should also meet the person on their level. Goals are usually measurable—rating scales , target percentages , and behavioral tracking can be incorporated into the goal language to ensure that it is measurable .
What is progress and outcomes?
Progress and outcomes of the work are typically documented under each goal. When the treatment plan is reviewed, the progress sections summarize how things are going within and outside of sessions. This portion of the treatment plan will often intersect with clinical progress notes.
What is the HIPAA Privacy Rule?
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule grants consumers and people in treatment various privacy rights as they relate to consumer health information, including mental health information.
Do you need a treatment plan for a 3rd party?
Treatment plans are required if you accept 3rd party reimbursement and are just good practice. They are a road map to treatment. They are fluid and are developed with the client/patient. Pretty much necessary if you are doing your job as a therapist.
What are Baker Act facilities?
Baker Act receiving facilities are required, for all persons being discharged, to consider the person’s transportation resources; access to stable housing; access to medications and access to an aftercare appointment. They are required to give persons education and written information about their illness and their psychotropic medications including other prescribed and over-the-counter medications, the common side-effects of any medications prescribed and any adverse clinically significant drug-to-drug interactions common between that medication and other commonly available prescribed and over-the-counter medications, as well as information about and referral to any community-based peer support services in the community; information about and referral to any needed community resources; and referral to substance abuse treatment programs, trauma or abuse recovery focused programs, or other self-help groups, if indicated by assessments. A resident may need long-term mental health treatment outside the scope of a Baker Act receiving facility that may take place on-site at the nursing home.
What to do if law enforcement refuses to respond to a resident's request for involuntary examination
If law enforcement refuses to respond to the facility’s request for transporting a resident for whom an involuntary examination has been initiated, it is recommended that the facility administrator contact the supervisor of the officer refusing to respond. If the supervisor doesn’t assist, ask to speak with the attorney for the law enforcement agency. If none of these options result in law enforcement response, the facility should contact the district DCF mental health program office and or the AHCA field office. If it occurs at night or on a weekend, and none of the above is available and the need for transfer is urgent, the facility should seek EMS assistance to transport the resident to the nearest receiving facility. On the next working day, the facility should contact DCF and AHCA to seek long-term resolution of this problem.
What happens when a nursing home returns a resident?
After residents are returned from the receiving facility to the nursing home or ALF, they are often so somnolent from new medications the behaviors are gone but the resident has declined in function. This apparent “over-medication” causes the facility staff to attempt a dosage reduction that often causes the psychiatric symptoms to escalate. What should the facility do?
Can a guardian transport a resident for an involuntary examination?
YES. However, if the facility permits family or guardian to transport the resident for involuntary examination, no report of the facility's failure to properly initiate the examination by the receiving facility to AHCA is required. Allowing a guardian or family to provide transportation of a resident for the involuntary examination may result in high liability to the facility if harm occurs during such transport.
Do nursing homes have to notify guardians before transfer?
YES. Section 400.0255(7), F.S., requires nursing homes to notify the person’s legal guardian or representative by telephone or in person before the transfer, or as soon thereafter as practicable, with documentation in the resident’s file.
Can a person be transported to the facility of his/her choice?
If a person is to be treated voluntarily and has been determined by the independent assessment to have the capacity to consent to treatment, the person may be transported to the facility of his/her choice.
Can a nursing home use psychotropic medication?
The use of psychotropic medications in a nursing home setting is as appropriate as in any other setting, if the person has a diagnosis associated with the medication used. The physician must justify the use of any medication in the resident’s clinical chart as necessary to treat the condition with which the person is diagnosed. Mental Illnesses are highly treatable and persons of any age should have the opportunity to benefit from psychotropic medications, if their use if fully documented by a physician.