Monday, November 17, 2008
History of the Baker Act
History of the Baker Act-
The Florida Mental Health Act was passed in 1971 and was a substantial change to the preexisting mental health laws in Florida. Before the Florida Mental Act, the mental health laws were established in 1874. These laws were out of touch and outdated with the needs of patients in society. Patients did not have rights and were at the mercy of those around them. Previous to the Baker Act three people were needed to commit a patient and the approval came from a county judge. The committed person was then sent to the sheriff who held the patient until they could be sent to a hospital. (History of the Baker Act, Its Development and Intent). The act saw to it that those who were placed into care were not put into care without reasonable cause. These patients were given rights by the state and did not feel helpless when committed by friends and family.
Patients that were placed into treatment were given attorneys for their reviews that occurred every six months to check their status. Patients were also given basic rights that they were denied previously. They had the right to send and receive mail that would not be opened and checked. Patients could vote, have open communications with whoever they wished, and not be placed in jail unless they committed a crime that would mandate them to be incarcerated.
The Florida Mental Health Act today is known more commonly as the Baker Act. This is after former Representative Maxine Baker who supported the Florida Mental Health Act. Baker’s intention was to have more people seek mental health help on their own as opposed to having people committed by their friends and family. She wanted basic rights given back to those who were going through the process of getting help. One of the intents of the Baker Act is the “Guarantee that the individual dignity and human rights of all persons who are admitted to mental health facilities for examination or placement are protected” (History of the Baker Act, Its Development and Intent). The act was designed with the patient in mind.
In 2006, the Louis de la Parte Florida Mental Health Institute’s Baker Act Reporting Center collected data in regards to the act and those who have been part of it. The institute reported at least 82,414 people were involved in a Baker Act exam that was not voluntary. In about half of these exams involved law enforcement to be brought into the situations. Of those were part of the Baker Act, 52% were males and 46% were females, two percent did not identify their gender. (The Louis de la Parte Florida Mental Health Institute) The reporting center collects comprehensive data each hear and spends a great deal of time processing the results, the 2006 results are the most current available.
One large entity of the Baker Act would be the involuntary exam. According to the law, this procedure is to be done without any postponement. If it is necessary to give the patient immediate medical care, a doctor can authorize treatment. Patients cannot be in the involuntary examination for an excess of 72 hours. (CHAPTER 2003-88 Committee Substitute for Senate Bill No. 340)
In order to be admitted involuntarily, a doctor must give their seal of approval that they agreed that the person in question is in need of help. The Baker Act allows not only doctors but psychologists and nurses within the field of psychiatrics. Also allowed are counselors in mental health, therapists and social workers. Each of these individuals must observe a person and fill out the necessary paperwork within 48 hours of their admittance into the involuntary examination. (McCollum).
In 2004, Governor Bush changed the Baker Act. He added to the act outpatient treatment that could me mandated by the courts. This new addition allowed the courts the ability to place people who have had a record of mental health, have been previously Baker Acted, or are violent, to be placed in outpatient treatment. This was done not only to help the individuals of Florida but also to help to cut down the number of repeat Baker Acts. Many people are Baker Acted numerous times, and the outpatient treatment will prevent patients from coming back by providing an extra amount of care. (Treatment for those who need it most: Baker Act brings help, Hope to Florida's
Untreated Mentally Ill).
Today the Baker Act has not been altered greatly since Governor Bush’s change in 2004. Most often today news stories could be found of patients Baker Acted multiple times and the underfunding of the system. However, with any piece of legislation one would hear the up side with the down side in the media as the Baker Act continues.
-Chanel Dellentash
The Florida Mental Health Act was passed in 1971 and was a substantial change to the preexisting mental health laws in Florida. Before the Florida Mental Act, the mental health laws were established in 1874. These laws were out of touch and outdated with the needs of patients in society. Patients did not have rights and were at the mercy of those around them. Previous to the Baker Act three people were needed to commit a patient and the approval came from a county judge. The committed person was then sent to the sheriff who held the patient until they could be sent to a hospital. (History of the Baker Act, Its Development and Intent). The act saw to it that those who were placed into care were not put into care without reasonable cause. These patients were given rights by the state and did not feel helpless when committed by friends and family.
Patients that were placed into treatment were given attorneys for their reviews that occurred every six months to check their status. Patients were also given basic rights that they were denied previously. They had the right to send and receive mail that would not be opened and checked. Patients could vote, have open communications with whoever they wished, and not be placed in jail unless they committed a crime that would mandate them to be incarcerated.
The Florida Mental Health Act today is known more commonly as the Baker Act. This is after former Representative Maxine Baker who supported the Florida Mental Health Act. Baker’s intention was to have more people seek mental health help on their own as opposed to having people committed by their friends and family. She wanted basic rights given back to those who were going through the process of getting help. One of the intents of the Baker Act is the “Guarantee that the individual dignity and human rights of all persons who are admitted to mental health facilities for examination or placement are protected” (History of the Baker Act, Its Development and Intent). The act was designed with the patient in mind.
In 2006, the Louis de la Parte Florida Mental Health Institute’s Baker Act Reporting Center collected data in regards to the act and those who have been part of it. The institute reported at least 82,414 people were involved in a Baker Act exam that was not voluntary. In about half of these exams involved law enforcement to be brought into the situations. Of those were part of the Baker Act, 52% were males and 46% were females, two percent did not identify their gender. (The Louis de la Parte Florida Mental Health Institute) The reporting center collects comprehensive data each hear and spends a great deal of time processing the results, the 2006 results are the most current available.
One large entity of the Baker Act would be the involuntary exam. According to the law, this procedure is to be done without any postponement. If it is necessary to give the patient immediate medical care, a doctor can authorize treatment. Patients cannot be in the involuntary examination for an excess of 72 hours. (CHAPTER 2003-88 Committee Substitute for Senate Bill No. 340)
In order to be admitted involuntarily, a doctor must give their seal of approval that they agreed that the person in question is in need of help. The Baker Act allows not only doctors but psychologists and nurses within the field of psychiatrics. Also allowed are counselors in mental health, therapists and social workers. Each of these individuals must observe a person and fill out the necessary paperwork within 48 hours of their admittance into the involuntary examination. (McCollum).
In 2004, Governor Bush changed the Baker Act. He added to the act outpatient treatment that could me mandated by the courts. This new addition allowed the courts the ability to place people who have had a record of mental health, have been previously Baker Acted, or are violent, to be placed in outpatient treatment. This was done not only to help the individuals of Florida but also to help to cut down the number of repeat Baker Acts. Many people are Baker Acted numerous times, and the outpatient treatment will prevent patients from coming back by providing an extra amount of care. (Treatment for those who need it most: Baker Act brings help, Hope to Florida's
Untreated Mentally Ill).
Today the Baker Act has not been altered greatly since Governor Bush’s change in 2004. Most often today news stories could be found of patients Baker Acted multiple times and the underfunding of the system. However, with any piece of legislation one would hear the up side with the down side in the media as the Baker Act continues.
-Chanel Dellentash
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