Reprinted April 2002

When people hear the words "Baker Act," they sometimes get anxious and afraid. In actuality, the Baker Act is intended to protect the individual who has been Baker Acted. The Baker Act is a specific procedure enacted by the Florida Legislature to provide for psychiatric assessments of an individual who may be of harm to him or herself and/or others. Before a person is referred to a Baker Act receiving facility on a voluntary or involuntary basis, all other methods of psychiatric intervention must be exhausted.

Mental illness is defined in the Baker Act as a serious thought or mood disorder that causes an impairment that substantially interferes with a person’s ability to meet the ordinary demands of living, regardless of etiology. (Substance abuse and developmental disabilities are excluded.)

In 1996, there was legislative reform of the Baker Act as there was concern that transferring older adults to and from psychiatric facilities as they were at high risk of trauma from these moves. There is specific criteria that must be followed with regard to transportation, voluntary admission and involuntary examination. A person may not be sent to a facility for assessment without an on-site determination. Referral to an emergency room or other site is contrary to the law.

Express and informed consent means consent voluntarily given in writing by a competent person after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and will decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion.

Incompetent to consent to treatment means a person’s judgment is so affected by his or her mental illness that the person lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical or mental health treatment.

The Baker Act specifically states that certain persons age 60 or older cannot be sent on a voluntary basis to a receiving facility until after the initial assessment if they have a diagnosis of dementia and are coming from a nursing home, assisted living facility, adult day care, adult family care home or someone for whom all decisions concerning medical treatment are currently being lawfully made by a health care surrogate or proxy.

There is a lot more information about the Baker Act than we can provide in the space we have. The important thing to remember is there is certain criteria and rules and regulations that must be followed. The State of Florida has a new training manual and is having training seminars throughout the state for state employees.