Florida Mental Health Act

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Florida Mental Health Act', commonly referred to as the Baker Act, is a legislative act enacted in the state of Florida, USA, aiming to provide emergency mental health services and temporary detention for people in mental health crises who may pose a danger to themselves or others.

History and Purpose[edit | edit source]

The Baker Act was implemented in 1971, named after its sponsor, state representative Maxine Baker. The Act's primary purpose is to provide emergency services and temporary detention for evaluation and voluntary or involuntary short-term community inpatient treatment, when required, for individuals showing signs of mental illness and are potentially harmful.[1]

Process[edit | edit source]

Under the Baker Act, individuals believed to be suffering from a mental illness and posing a threat to themselves or others can be held involuntarily for psychiatric evaluation for up to 72 hours in a designated facility. This is typically initiated by physicians, mental health professionals, judges, or law enforcement officers.

Extended Care and Commitment[edit | edit source]

If necessary, the Act allows for involuntary commitment beyond the initial 72-hour period, provided the case has been reviewed by a court and the individual is found to still be in need of further treatment. Extended involuntary treatment requires evidence that the person is mentally ill and, because of this illness, is unable to engage in necessary self-care.[2]

Rights of the Individual[edit | edit source]

The Baker Act mandates that individuals have rights during and after the examination period. These include the right to communicate with others, the right to legal counsel, and the right to be informed about the purpose of the act and any proposed treatments.

See Also[edit | edit source]

Florida Mental Health Act Resources
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  1. "Baker Act Manual - Statutory and Administrative Rules," (2010). Florida Department of Children and Families.
  2. "2018 Baker Act User Reference Guide: The Florida Mental Health Act," (2018). University of South Florida.
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Contributors: Prab R. Tumpati, MD