Marchman Act. The Florida Substance Abuse Impairment Act. History of the Marchman Act. Myers Act (396, FS) Drug Dependency Act (397, FS) Hal S. Marchman Alcohol & Other Drug Services Act of 1993 -- addresses the entire array of substance abuse impairment issues.
Substance Abuse is a major health problem leading to:
Substance Abuse means:
A condition involving the use of alcohol or any psychoactive or mood-altering substance in such a manner as to induce:
And cause socially dysfunctional behavior
I. Voluntary Admissions
II. Involuntary Admissions:
Any person, including minors, may apply for voluntary admission.
Person must be admitted when sufficient evidence exists that:
Law enforcement officer may take person to:
An adult may be taken to jail. Not an arrest and no record made.
Must be released by a qualified professional* when:
A person meeting involuntary admission criteria may be admitted to:
for emergency assessment and stabilization upon receipt of a physician’scertificate and completion of an application.
An application for emergency admission may be initiated:
For a minor by the parent, guardian or legal custodian.
Physician’s Certificate must include:
Factual allegations about the need for emergency admission:
Transportation may be provided by:
Federal EMTALA/COBRA governs transfer of persons with emergency medical conditions (includes substance abuse and psychiatric emergencies) from hospitals to other facilities.
An emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity…such that the absence of immediate medical attention could reasonably be expected to result in any one of the following:
Psychiatric and substance abuse emergencies are emergency medical conditions.
1. Assess/stabilize for transfer.
2. Consent of patient / representative or certification by physician
3. Full disclosure / clinical records4. Prior approval by transfer destination
5. Safe/appropriate method of transfer6. Transfer based on paying status
Within 72 hours after emergency residential admission, client must be assessed by attending doctor to determine need for further services (5 days in OP).
Based on assessment, a qualified professional* must:
Admission to Juvenile Addiction Receiving Facility for minor meeting involuntary criteria upon application from:
Application must establish need for immediate admission and contain specific information, including reasons why applicant believes criteria is met.
A parent, legal guardian, or legal custodian who seeks involuntary admission of a minor to substance abuse treatment is required to participate in all aspects of treatment as determined appropriate by the director of the licensed service provider.
Marchman Act Provisions
Adult: petition may be filed by:
Minor: petition may be filed by:
Providers may initiate petitions for:
When that provider has direct knowledge of the respondent's substance abuse impairment or when an extension of the involuntary admission period is needed.
Providers must specify the:
Forms used and methods employed to ensure adherence to legal timeframes must be included in procedures.
Petition must contain:
Based on a hearing or solely on petition and without an attorney, enter an ex parte order authorizing assessment & stabilization.
If court determines that person meets criteria, he/she may be admitted:
Upon receipt of petition and if a hearing is scheduled, a copy of petition & notice of hearing must be provided to:
Providers making assessments available to the court regarding hearings for involuntary treatment must define the process used to complete the assessment, including
For persons assessed under involuntary order, provider shall address:
Based upon involuntary assessment, person may be:
Timely petition authorizes retention of client pending further order of the court.
Adults: Petition may be filed by:
Minors: Petition may be filed by:
Reason for petitioner’s belief that respondent is substance abuse impaired; and
Reason for petitioner’s belief that because of such impairment, respondent has lost power of self-control with respect to substance abuse; and either
a. Reason petitioner believes the respondent has inflicted or is likely to inflict physical harm on self/others unless admitted; or
b. Reason petitioner believes respondent’s refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse to be incapable of appreciating need for care and making a rational decision.
In addition to meeting the criteria for all involuntary admissions, a person for whom a petition for involuntary placement is filed must have met additional conditions including:
Client must be released when:
No political subdivision may adopt a local ordinance making impairment in public in and of itself an offense. Local ordinances for the treatment of habitual abusers must provide:
If any offender, including a minor, is charged with or convicted of a crime, the court may require the offender to receive services from a licensed service provider. If referred by the court, the referral shall be in addition to final adjudication, imposition of penalty or sentence, or other action.
The order must specify:
The total amount of time the offender is required to receive treatment may not exceed the maximum length of sentence possible for the offense with which the offender is charged or convicted.
Identity, diagnosis, prognosis, and service provision to any client is confidential. Response to requests for information can’t reveal that person was ever a client.
Disclosure requires written consent of client, except:
Court may authorize release for criminal investigation or prosecution only if all the following are met: