eLaws of Florida

  SECTION 394.4597. Persons to be notified; patient’s representative.  


Latest version.
  • 1(1) 2VOLUNTARY PATIENTS.4-5At 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.
    43(2) 44INVOLUNTARY PATIENTS.46-
    47(a) 48At 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.
    105(b) 106If 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.
    138(c) 139The 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.
    170(d) 171When 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:
    2341. 235The patient’s spouse.
    2382. 239An adult child of the patient.
    2453. 246A parent of the patient.
    2514. 252The adult next of kin of the patient.
    2605. 261An adult friend of the patient.
    267(e) 268The following persons are prohibited from selection as a patient’s representative:
    2791. 280A professional providing clinical services to the patient under this part.
    2912. 292The licensed professional who initiated the involuntary examination of the patient, if the examination was initiated by professional certificate.
    3113. 312An employee, an administrator, or a board member of the facility providing the examination of the patient.
    3294. 330An employee, an administrator, or a board member of a treatment facility providing treatment for the patient.
    3475. 348A person providing any substantial professional services to the patient, including clinical services.
    3616. 362A creditor of the patient.
    3677. 368A person subject to an injunction for protection against domestic violence under s. 381741.30, 382whether the order of injunction is temporary or final, and for which the patient was the petitioner.
    3998. 400A person subject to an injunction for protection against repeat violence, stalking, sexual violence, or dating violence under s. 419784.046, 420whether 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.