What is the Baker Act, and what are the consequences of being Baker Acted?
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What Is the Baker Act?
The Baker Act is the informal name of the Florida Mental Health Act of 1971. The law is named after its sponsor, Rep. Maxine Baker, who represented Miami-Dade County in the Florida House of Representatives from 1963-1972.
According to the Florida Department of Children and Families (DCF), the Baker Act allows people to be involuntarily committed to an approved receiving facility for a mental health examination. For the purposes of this law, approved receiving facilities include hospitals that have onsite inpatient psychiatric units, crisis stabilization units (CSUs), and short-term residential treatment centers.
The immediate consequence of being Baker Acted is that the person may be held in one of these facilities for up to 72 hours.
To qualify for the Baker Act, a person must meet the first criteria listed below, as well as one or both of the second and third criteria:
- There is reason to believe that the individual has a mental illness, and due to the mental illness, they have either refused or are unable to determine if examination is necessary.
- Without care or treatment, the individual is unlikely to care for themselves, which can result in substantial harm to their well-being that cannot be avoided by the intervention of family members or the provision of other services.
- It is likely, based on the individual’s recent behavior, that they will pose a serious threat to themselves or others if they don’t get appropriate treatment.
Who Can Use the Baker Act?
As described by the Florida DCF, the Baker Act allows “families, health care providers, law enforcement officers, or other professionals” to seek emergency mental health services, including involuntary commitment, for people who meet the criteria described in the previous section.
Examples of healthcare professionals who can initiate Baker Act proceedings include:
- Physicians
- Physician assistants (PA)
- Clinical psychologists
- Psychiatric nurses,
- Advanced practice registered nurses (APRNs)
- Mental health counselors
- Marriage and family therapists (MFTs)
- Licensed clinical social workers (LCSWs)
The process of involuntarily committing someone under the Baker Act can vary depending on who initiates the action.
Healthcare professionals
Authorized healthcare professionals can have someone Baker Acted by certifying that they examined the individual within the previous 48 hours and have determined that they meet the criteria for involuntary commitment as established in the law.
The professional must also provide specific information about what led them to make this determination.
Once the certification is complete, a law enforcement officer will take the individual into custody and transport them to an approved receiving facility.
Law enforcement
If a law enforcement officer encounters a person who they believe meets the criteria for being Baker Acted, they have the authority to take them into custody and transport them to an approved receiving facility.
Family and friends
Family members, close friends, or others with direct personal knowledge of a person’s mental health struggles may petition a circuit court to have them Baker Acted. If the court agrees with the petitioner, they will issue an ex parte order to have the person involuntarily committed.
Once this order has been issued, a law enforcement officer will take the person into custody and transport them to an approved receiving facility.
What Are the Consequences of Being Baker Acted?
As previously noted, one of the immediate consequences of being Baker Acted is that a person will be taken into custody by a law enforcement officer and transported to an inpatient psychiatric unit or other approved destination, where they may be held involuntarily for up to 72 hours (three days).
Additional consequences of being Baker Acted include:
- In most cases, the 72-hour time limit begins once the person has been admitted to the receiving facility. Once 72 hours have passed, the individual may be released, choose to voluntarily remain in the facility, or be placed under additional involuntary commitment (which requires another court order).
- Once the person has been admitted, they must be examined “without unnecessary delay” by a clinical psychologist or another qualified professional.
- By the next working day following the person’s admission, the receiving facility must provide documentation to justify their involuntary commitment to the Agency for Health Care Administration (AHCA). This documentation may include a report by a law enforcement provider, certificate from an approved healthcare professional, or court order.
Patient rights
Loss of legal rights is NOT one of the consequences of being Baker Acted. Even after a person has been involuntarily committed for a mental health evaluation, the law mandates that their rights are protected in several key areas, including:
- Individual dignity, including humane treatment and respect for all constitutional rights
- Prompt treatment in the most appropriate environment
- Quality care, with strict regulations on the use of restraints, seclusion, and other restrictive measure
- Private communication with family members, legal representation, and others via phone calls, mail, or in-person visitation
- Possession of their closing and other personal effects, except in cases where retaining possession of these items endangers them or others
- Ability to petition the court for their immediate release
- Opportunity to take part in the discharge planning process
Discharge planning
Ideally, being Baker Acted will result in a person getting the mental health treatment they need. Since 72 hours is not enough time for this to occur, the law also mandates that each person receives a discharge plan when they exit the receiving facility.
Depending on the information gathered during the individual’s evaluation, this plan may include
- Documentation explaining the mental health concerns that were identified during their evaluation
- Referrals for additional care and help making follow-up appointments
- Assistance accessing prescription medication and details about their potential side effects
- Information about community-based services to help with housing, transportation, life skills development, and other relevant needs
- Crisis prevention or response planning
Learn More About Addiction Treatment in Jacksonville
Design Recovery offers personalized outpatient care for adults whose lives have been disrupted by addictions and co-occurring mental health concerns.
Treatment options at our rehab in Jacksonville, FL, include a partial hospitalization program (PHP) and an intensive outpatient program (IOP).
To learn more about how we can help you or a loved one, or to schedule a free assessment, please visit our Admissions page or call us today.
