How to apply Baker's law

Author: Mark Sanchez
Date Of Creation: 27 January 2021
Update Date: 1 July 2024
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Content

When you operate under the Baker Act, you acknowledge that the person is in need of an involuntary and urgent psychiatric evaluation. Please note that the phrase "Baker's Law" only applies to cases in the state of Florida. Other states have their own rules and procedures regarding compulsory psychiatric treatment.

Steps

Method 1 of 3: Read the Rules

  1. 1 Learn more about Baker's Law. The Baker Act, formally known as Chapter 394 Part I, Florida Charter is the piece of legislation that provides and regulates emergency mental health services for individuals who pose a threat to themselves or others.
    • Please note that the Baker Act is specific to the state of Florida.
    • The Baker Act applies to voluntary and involuntary emergency services, these services include temporary detention, mental health assessments, and mental health treatments.
    • The Baker Act also provides for compulsory hospitalization, compulsory outpatient treatment, and the rights of patients admitted to a psychiatric hospital, voluntarily or unwittingly.
    • You can view the complete Baker Act yourself online: http://www.dcf.state.fl.us/programs/samh/mentalhealth/laws/BakerActManual.pdf
  2. 2 Understand the difference between voluntary and involuntary hospitalization. Baker's Voluntary Act initiates the actual patient. Involuntary Law Baker enters the hospital against the will of the patient.
    • The patient must be at least 18 years of age to sign the Baker Voluntary Act. If the patient is a minor, then this process must be started by a parent or guardian.
    • If a patient refuses voluntary mental health treatment, a family member or other person may initiate Baker's involuntary act.
  3. 3 Find out the requirements for involuntary hospitalization. Understandably, you can only start Baker's involuntary act if someone clearly needs help. To this end, there are three main and essential restrictions that must be observed.
    • The person may have a mental illness. He or she may opt out of voluntary testing, or may be able to understand the need for testing due to obvious mental illness.
    • A person can be dangerous to himself or to others. This also applies if the person is unable to live alone, or if the person is likely to be neglected without treatment.
    • All treatments must be exhausted.
  4. 4 Check for specific signs. When assessing someone with severe mental health problems in need of a medical emergency, there are several behaviors that are important to watch out for. This person may exhibit some of the behaviors without exhibiting all of them.
    • A person can fight substance abuse, including legal and illegal drug abuse or alcohol abuse.
    • The person may exhibit excessive low self-esteem accompanied by feelings of hopelessness or helplessness, or the person may react with little interest in his / her environment.
    • Self-control issues are another major concern. The person may sleep too much or not sleep at all, refuse to eat, take prescribed medications, or not maintain personal hygiene.
    • Elderly patients who wander at night, are particularly forgetful, or display uncontrollable anxiety may also qualify for treatment.
    • Other strange behaviors, including talking about suicide, hallucinations, misdirected actions or speech, and aggressive behavior may also qualify for treatment.

Method 2 of 3: Initiating Baker's Law

  1. 1 Look at the person. Patient behavior control and mental state are close. Baker's Law should only be used as a last resort, especially when considering involuntary admission. If you think there is another way to address your loved one's mental health problem, or if you think this does not guarantee recovery, you should consider other alternatives.
    • Talk to a loved one about voluntary admission. Approach the topic in a non-threatening manner and back off if the person becomes violent or shows signs of aggression followed by a hard rejection. Keep in mind that the patient must refuse treatment before you can initiate the involuntary admission proceedings.
  2. 2 Calling the object ahead of schedule. If you intend to go all the way in the process and suspect that the person will be admitted unwittingly, before calling for mental health care, you must make sure that you have done everything you can.
    • This step is not strictly necessary, but it can make this treatment easier.
    • Involuntary patients will be transported to the nearest admission facility, so find the nearest center to determine who to contact.
    • Contact the front desk staff. They can review the clinical information and can give you admission. They can also check which department the patient was admitted to.
  3. 3 See a mental health professional. A physician, psychologist, psychiatric nurse, or clinical social worker has the right to initiate treatment.
    • Make sure you find a qualified professional doctor for your loved one. If not, talk to your loved one with another doctor or any other local mental health professional.
    • An employee of the mental hospital department needs to examine the patient and determine that he or she is entitled to compulsory treatment. This is a doctor or social worker, he needs to complete a certificate that the examination took place within the last 48 hours.
    • The certificate must be issued by local law enforcement agencies. After that, the law enforcement officer will be admitted by the name of the patient to the nearest admission department.
  4. 4 Get help directly from the police if needed. If your loved one is in urgent need of help and you cannot afford to wait long enough to go through the many instances, call your local law enforcement agency and let them know about the situation. The officer will display the external signs of the necessary criteria for sending to the admission department for examination.
    • This is usually done when there is no time. For example, if someone has tried to commit suicide or threatens to commit suicide, self-harm, or might harm another person, you should call the police rather than resorting to the longer method.
  5. 5 Unilateral order of rules. If you witness disturbing behavior, you can go to your local court clerk and petition for an involuntary review. If the petition is confirmed, the judge will order the sheriff to transport the patient to the nearest emergency room.
    • You must submit this petition together with an oath that you personally witnessed an individual self-harm or other. You must also indicate that you have told the person about voluntary admission to a hospital in the past few days.
    • Only you can make this petition if you are a member of the patient's family.If you are not a relative, you will have to submit the petition with two other interested parties.
    • The court will consider the application under oath. If the data is significant enough for local law enforcement, the patient will be sent for treatment.

Method 3 of 3: Follow-up

  1. 1 Understand that this is only temporary. The nearest psychiatric admission department receives custody of the individual after the initiation of the Baker Act, this custody will only last for 72 hours after the patient arrives.
    • On admission, the patient will receive a mental health examination and any emergency care needed to stabilize his / her immediate condition. Treatment, or lack thereof, will be applied as needed based on the results of the examination.
    • After 72 hours, the patient must be released or the subject must apply for involuntary hospitalization.
    • The diagnosis must be approved by a psychiatrist or clinical psychologist.
  2. 2 Learn about involuntary inpatient placement (IIP). If the situation is serious enough after the initial evaluation, the mental health facility may petition to place the patient under IIP.
    • IIP is the same as civil obligation. The person will be admitted to further treatment of mental illness without consent.
    • The patient must meet criteria similar to those for involuntary admission and examination. The psychiatrist must support the decision, and it must also be supported by a second psychiatrist or clinical psychologist.
    • After filing the petition, the court must accept the IIP.
    • IIP can be ordered for up to six months, but treatment can be extended after additional court hearings. Treatment will be received at a public psychiatric hospital or at the nearest department of the hospital.
  3. 3 Learn about involuntary outpatient placement (IOP). IOP is less common than IIP. It is a form of adherence that is responsible for treating a patient who needs mental health care but does not need to be in the hospital.
    • If the IOP is ordered, the patient will be released on behalf of another person for the duration of his / her treatment.
    • The patient must have a history of non-adherence to treatment and must demonstrate that he or she is unlikely to survive in the community without supervision.
    • In the past 36 months, the person must have received at least two involuntary screenings under the Baker Act, received the services of a psychiatric hospital attendant from a qualified facility, or have demonstrated serious violent behavior or self-harm.
  4. 4 Show your support. Recovering from a mental illness disorder can be challenging, and your loved one will need compassion and support throughout the process. Provide support during and after any order for treatment.
    • Those who are struggling with mental health problems tend to have a high risk of subsequent mental health problems. Even if your loved one is healthy after treatment, you should continue to monitor him or her. If you suspect that the problem is returning, the solution to these problems is discussed with the sick person or you need to contact a specialist in a mental institution.