Baker and Marchman Acts

Florida citizens who might harm themselves or others may be held involuntarily for assessment up to 72 hours. The statute for mental illness is called the Baker Act; for substance abuse, the Marchman Act. There are very specific criteria for committing someone under the Baker Act or Marchman Act. In this course, Martha R. Lenderman, MSW, explains how to identify patients legally eligible to be held under these statutes and the requirements under the Florida Mental Health Act for appropriate admission and discharge in compliance with the law.

Samaritan Physicians: Successful completion of this activity will qualify Samaritan physicians for annual policy discounts. Upon completion, please print your certificate and submit to Samaritan for consideration.

Target Audience

Psychologists (Instruction Level: Intermediate), Psychiatrists, Emergency Room Physicians, Licensed Mental Health Counselors, Social Workers, Licensed Marriage and Family Therapists, Nurses, Case Managers, Admission and Discharge Staff, Risk Managers and Legal Advisers.

Baptist Health South  Florida is approved by the American Psychological Association to sponsor continuing education for psychologists. Baptist Health South Florida maintains responsibility for this program and its content.

Learning Objectives

  • Adhere to the Baker Act voluntary and involuntary examination.
  • Identify which patients are legally eligible to consent to admission and treatment.
  • Discuss requirements under the Florida Mental Health Act including appropriate admission and discharge in compliance with the law.
  • Implement the steps for involuntary admission of persons under Florida’s Marchman Act for substance abuse impairment.
  • Consistently comply with the federal Emergency Medical Treatment and Active Labor Act (EMTALA) and the Florida Baker Act laws.
Additional information
Bibliography: 
  • Voluntary Admission Selected Procedures, 394.4625 FS and 65E-5.270, FAC 
  • Initiating Involuntary Examinations, 384.463(2), FS and 65E-5.280, FAC
  • Involuntary Examinations Initiated by the Court, 384.463(2)(a)1, FS and 65E-5.280(1), FAC
  • Involuntary Examination Law Enforcement Officers, 384.463(2)(a)2, FS and 65E-5.280(2), FAC
  • Minimum Standards for Initial Mandatory Involuntary Examination, 394.463(2)(f), FS 65E-5.2801, FAC
  • Hal S. Marchman Alcohol & Other Drug Services Act of 1993 
  • The Joint Commission National Patient Safety Goals NPSG.15.01.01
Course summary
Available credit: 
  • 2.50 AMA PRA Category 1 Credit™
  • 2.50 Psychology CE
  • 2.50 General certificate of attendance
  • 2.50 Florida Board of Clinical Social Workers, Marriage and Family Therapists and Mental Health Counselors
  • 2.50 Nurse Practitioners
  • 2.50 Florida Board of Nursing
  • 2.50 Florida Board of Psychology
Course opens: 
09/01/2019
Course expires: 
08/31/2022

Martha R. Lenderman, MSW
Former Program Coordinator, Department of Children and Families
Consultant, Lenderman & Associates, Pinellas Park, Florida

Martha R. Lenderman, MSW, indicated that neither she nor her spouse/partner has relevant financial relationships with commercial interest companies, and she will not include off-label or unapproved product usage in her presentation or discussion. 

Non-faculty contributors and others involved in the planning, development and editing/review of the content have no relevant financial relationships to disclose. 

Disclosure Policy and Disclaimer

Baptist Health South Florida is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians. Baptist Health has been re-surveyed by the ACCME and awarded Commendation for 6 years as a provider of CME for physicians.
              
Baptist Health South Florida designates this enduring material for a maximum of 2.5 AMA PRA Category 1 Credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Available Credit

  • 2.50 AMA PRA Category 1 Credit™
  • 2.50 Psychology CE
  • 2.50 General certificate of attendance
  • 2.50 Florida Board of Clinical Social Workers, Marriage and Family Therapists and Mental Health Counselors
  • 2.50 Nurse Practitioners
  • 2.50 Florida Board of Nursing
  • 2.50 Florida Board of Psychology
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