It says that the administrator of the Baker Act facility may petition the court for the appointment of a guardian advocate based upon the opinion of a psychiatrist that the patient is incompetent to consent to treatment.
Full Answer
Can a Baker Act form be altered?
Alterations of recommended forms may jeopardize this status. Baker Act Forms - Mandatory: (IMPORTANT: Mandatory Forms may NOT be altered.) Baker Act Forms - Recommended: Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed.
Can a person refuse to give consent for ECT?
If you can give written informed consent but refuse, ECT cannot be given to you. If a court has said you cannot give written informed consent, then ECT can be given to you but only if your conservator, guardian, or responsible relative gives written informed consent (see #10).
When to give notice of a child being involuntarily held for examination?
In the case of a child, a facility is required to give notice of the whereabouts of a minor who is being involuntarily held for examination to the minor’s parent, guardian, caregiver, or guardian advocate, in person or by telephone or other form of electronic communication, immediately after the minor’s arrival at the facility.
How long can a person be held under the Baker Act?
Question: How long may a person be held for involuntary examination under the Baker Act? Answer: An adult may be held up to 72 hours for an involuntary examination. However the examination period for a minor, anyone 17 or younger, is 12 hours.
How long does the Baker Act last?
The 72-hour period of the initial Baker Act expired yesterday, and the nurse on duty obtained a consent for voluntary admission by telephone from the child’s DCF or community-based care worker. The child signed the portion of the voluntary admission form that asks if the child is willing to stay.
Who has a duty to inform parents of a child's diagnosis?
In view of these fiduciary relationships, [the psychiatrist] had a duty to inform [the patient’s] parents concerning their child’s diagnosis, including the diagnosis of other physicians who had observed [him], together with his personal treatment recommendations and the treatment recommendations of other physicians.
Can you bring a gun into a mental hospital?
One is that no one is allowed to bring firearms or other deadly weapons onto the grounds of a hospital providing mental health services. § 394.458(1)(b), Fla. Stat. In addition, persons served in such facilities are allowed to keep their personal effects, other than those removed for medical or safety reasons.
Is a court order a part of a patient's clinical record?
The order of the court shall be made a part of the patient’s clinical record. A fee may not be charged for the filing of an order under this subsection. . . . The order shall be valid only until the person is delivered to the facility or for the period specified in the order itself, whichever comes first.
Who can evaluate a child in a residential facility?
The court may also order the child to be evaluated by a psychiatrist or a psychologist. If it is necessary to place a child in a residential facility for such evaluation, the criteria and procedures established in chapter 393, chapter 394, or chapter 397, whichever is applicable, shall be used.
Does DCF have electronic medical records?
DCF has actively encouraged the use of electronic medical records, and the technology has progressed faster than the law or rules. As long as the mental health professional’s initiation form (BA-52b) replicates the form adopted in rule, there shouldn’t be any problem with lack of a hard copy with an “original” signature.
What does it mean to give written informed consent to ECT?
Written informed consent means: your doctor has given you a form explaining ECT and all the information in paragraph (c) above;
Who must review your ECT records?
Your doctor must also sign your record. Two psychiatrists or neurologists must review your records and agree with your doctor that ECT is the best treatment for you. The psychiatrists or neurologists cannot be your personal doctors, but one of them must personally examine you.
What is ECT information?
your condition; what ECT is, including information about side effects and risks such as memory loss ; how long and how often you would receive ECT; whether ECT would help you to improve for a little while or a long time; whether you would improve without ECT;
Why is ECT considered?
The reasons why ECT is being considered must include information about other treatments that have been considered and why ECT is the best treatment for you. Your doctor must also sign your record. Information about your treatment is given to a relative of your choice if you want a relative to know about your treatment.
What information do you need to know about ECT?
The information must include: your condition; what ECT is, including information about side effects and risks such as memory loss; how long and how often you will receive ECT;
How long does informed consent last?
As described in Questions #10 and #11, your written informed consent can only last for a certain maximum number of treatments and for no longer than 30 days. More treatments mean you must give your written informed consent again.
Can a doctor give you ECT?
The doctor can give you ECT beyond the “excessive use” limits only if the doctor first gets approval from the facility or the county. The request for approval must include your diagnosis, why the doctor is recommending extra treatments, a maximum number of treatments, and that the doctor considered other treatments but thinks that extra ECT is less risky for you. If extra ECT is approved, the doctor and facility must still follow all applicable procedures (see Questions #10 and #11).
What are recommended forms for the Baker Act?
Baker Act Forms - Recommended: Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed. Alterations of recommended forms may jeopardize this status.
Is the Baker Act mandatory?
Baker Act Forms - Mandatory: (IMPORTANT: Mandatory Forms may NOT be altered.) Baker Act Forms - Recommended: Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed.