Mental Health Commitment Analysis
The commitment legality process for the State of Florida covers all aspects of a patient’s rights. There are many different laws that structures the Baker Act of Florida, in which can sometime become very confusing to a patient that is admitted. The State of Florida offers advocates or attorneys to help a mental health patient work through any legal concerns during the commitment process. There are resources available to aide in understanding this process to the patients and also family members who have concerns. This paper will provide all of these basic guidelines that for anyone that may have to undergo this commitment process, or who may know someone who has to experience this process.
The legal process for the mental health commitment
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(Mental Health involuntary Commitment, 2015).
III. Who is in the court at the time of a hearing?
The person in the courtroom during a hearing depends on the patient. The judge will be present, the professional who implemented the involuntary commitment, the patient and possibly some additional representatives or witnesses, and also a health examiner. (Mental Health Involuntary Commitment, 2015).
IV. How is the commitment enforced?
A law enforcement officer will assist the patient. The officer will take this patient to the nearest receiving mental health facility. A specialist physician of mental health will then examine the patient within 48 hours of admission, and will document anything of their evaluation that may be needed for the commitment (Baker Act Handbook, 2014).
The requirements for a mental health commitment in Florida--
I. The length of hold--
A patient has to be examined within 48 hours of admission, if medical treatment is needed the patient has 72 hours to be examined. The patient can’t be held for more than 72 hours unless charged, or the facility will have to release the patient or file a petition for involuntary placement (Baker Act Handbook,
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Patient options for contesting the hold--
All patients have the right to be treated fairly, similar to the equal opportunity act, known as individual dignity. When a patient is contesting, there is a law called the Habeas Corpus, which allows the patient to contest any treatment against the patients will or mistreated. Facilities offer a hearing once a week (Indest, 2014). It can be done through a lawful court or if the patient’s delegates an attorney or advocate to the patient files for it.
Writer’s personal feelings about the laws of Florida with regard to the legal commitment process--
I. Are you in favor of such a process? Or Are you against such a process?
I am in favor of this Baker Act, after researching and learning much more about this act legally and from a patients point-of-view, I feel as though almost ALL aspects of a patients care is legally covered like any other typical patient at a clinic or hospital would be treated.
II. Why? Or Why
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