In the United States, one in five adults suffer from a mental health problem each year. A mental health disorder is defined as a diagnosable illness that affects a person’s life to the point of no longer being able to perform some or all activities of daily living (‘Behavioral Health’, 2015). Thankfully, legislation has been written to protect those living with mental health problems. The Florida Mental Health Act is a crucial part of legislation that sets standards for mental and behavior health workers, facilities and resources. The legislation falls under Florida Statute 394 and discusses the measures in place to prevent mistreatment or negligence of those struggling with mental health disorders.
Legislative Statement
The mission of The Florida Mental Health Act is to create programs that decrease length of stay, occurrences and damaging effects of mental health patients on their family and community. For healthcare workers, the statute ensures a safe way to report suicidal and damaging behavior. Not only does the act protect the well-being of the patient, but also the nurse. As a healthcare provider, nurses are responsible for reporting suicidal or abnormal behavior as soon as possible after it is observed (‘Statutes and’, 2014). The Mental Health Act also includes the Baker Act.
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Baker Act Statement
The Baker Act is used for patients who have threatened to severely harm themselves or commit suicide. The first thing a nurse should ask if a patient says they want to kill themselves or severely injure themselves is, “Do you have a plan?”. In the event that the patient has a plan for suicide or even if the nurse suspects that they may not have a plan, but are still capable of doing so, they may be placed under a Baker Act (‘Diagnostic and’, 2013). The act was named after Maxine Baker who was the first person to be put under the state mandated law. The legislation holds any person minor or adult in a safe environment such as hospital or mental health facility for 72 hours on average. During the safety hold a patient does not have access to personal possessions such as cell phones, clothing or medications that could assist the patient to harm themselves. All patients must wear facility gowns and be in rooms where bathroom doors are locked unless the nurse unlocks them. No coat hangers or trash bags are allowed in the rooms as well. In some facilities, each Baker Act patient even has a one-to-one sitter to observe their behavior and keep them safe. During these 72 hours, the only person that can lift the Baker Act is the doctor who placed the order or a psychiatrist. The hold may last longer than 72 hours if the evaluator sees fit (‘Baker Act’, 2014).
Baker Act as Compared to Other States
The Baker Act is a Florida State mandate, but every state in the United States has an equivalent involuntary mental health admission law. For example, the California involuntary mental health law is known as Laura’s Law. Although, in Massachusetts and Arkansas the law is still known as the Baker Act. Since the law was enacted in New York, 75% fewer people with mental health disorders were arrested and 55% less found themselves homeless (‘Behavioral Health’, 2015). This proves the laws have helped create a safer community for those with mental health problems and the people around them. When a person will with mental health problems goes unnoticed by our system, they pose a risk of harm to others especially without appropriate help and resources. Many people will mental health problems end up in our jail systems repeatedly until they are accessed and the state realizes their behavior is not self-controlled as it is for other criminals. The stigma for mental health in past decades has been that it is ‘all in their head’ and ‘it cannot be corrected’ which is untrue.
Reflection Statement
From researching Florida Statute 394, I learned that mental health has come a long way since the mid 1900’s. Mental health is more recognized as a legitimate problem than in years past. The laws have established a way for nurses to protect their patients outside of their care and establish care for the patient mind. The mind is a powerful part of patient well-being and should be treated just as any part of patient health. After researching statistics about community safety after the Mental Health Act has been put in place, I cannot imagine a society without laws. Many patients who are thinking of harming or killing themselves can also cause harm to those around them. A community that can hold a patient involuntarily, is a community that cares for its’ people. Mental health is a subject discussed in healthcare, but should be discussed more openly in society. Everyone in our communities should be educated. The friends and family of a person who is mentally ill may be the first to notice abnormal behavior. Mental health is still a subject that deserves more research.
Conclusion
The Florida Mental Health Act and how it is used by the healthcare community has been presented. The use of Baker Act and Florida’s provisions in comparison to other states has been discussed. A review of the legislation and guidelines should be done regularly as laws are updated and improved on a daily basis.
References
- “Baker Act Manual”, (2014). Florida State Department of Children and Families. Retrieved August 8, 2018, from http://www.dcf.state.fl.us/programs/samh/mentalhealth/laws/BakerActManual.pdf.
- “Behavioral Health Trends in the United States: Results from the 2014 National Survey on Drug Use and Health”, (2015). Center for Behavioral Health Statistics and Quality. Retrieved August 8, 2018, from http://www.samhsa.gov/data/sites/default/files/NSDUH-FRR1-2014/NSDUH-FRR1-2014.
- “Development of Mental Health First Aid Guidelines for Suicidal Ideation and Behaviour: a Delphi study, BMC Psychiatry”, (2008). Retrieved August 8, 2018. Kelly, C.M., Jorm, A.F., Kitchener, B.A. and Langlands, R.L. BMC Psychiatry, 8, 17, 62.
- “Diagnostic and Statistical Manual of Mental Disorders (5th Edition)”, (2013). American Psychiatric Association. Retrieved August 8, 2018, from Arlington,VA: American Psychiatric Publishing, 102.
- “Statutes & Constitution: Online Sunshine, Online Sunshine State Legislature” (2014). Florida Senate. Retrieved August 8, 2018, from http://www.leg.state.fl.us/statutes/index.cfm?/App_mode=Display_Statute.
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