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The Florida Statutes

The 2017 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
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F.S. 394.4597
394.4597 Persons to be notified; patient’s representative.
(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.
(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.
History.s. 9, ch. 96-169; s. 11, ch. 2000-263; s. 10, ch. 2016-241.