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MARCHMAN ACT

Overview of
The Florida Substance Abuse Impairment Act
(Marchman Act)
Chapter 397, Florida Statutes
The information provided using this web site is only intended to be general summary information to the public. It is not intended to take the place of either the written law or regulations.

(Refer to Law for Specifics)
 

(1) Voluntary Admission
(2) Involuntary Examination
(3) Patient Rights

(1) Voluntary Admissions (FL Statute 397.601)

A person who wishes to enter treatment for substance abuse may apply to a service provider for voluntary admission.

Within the financial and space capabilities of the service provider, a person must be admitted to treatment when sufficient evidence exists that the person is impaired by substance abuse and the medical and behavioral conditions of the person are not beyond the safe management capabilities of the service provider.

The service provider must emphasize admission to the service component that represents the least restrictive setting that is appropriate to the person's treatment needs.

(2) Involuntary Admissions (FL Statute 397.675 - 397.6977)
-including protective custody and emergency admission for purposes of assessment and stabilization, and for involuntary treatment.  

A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of such impairment:

(1)  Has lost the power of self-control with respect to substance use; and either

(2)(a)  Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on himself or herself or another; or

(b)  Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in regard thereto; however, mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services.

Protective custody; circumstances justifying (s. 396.677).--A law enforcement officer may implement protective custody measures as specified in this part when a minor or an adult who appears to meet the involuntary admission criteria in s. 397.675 is:

(1)  Brought to the attention of law enforcement; or

(2)  In a public place.

(3) Patient Rights (FL Statue 397.501)

The individual dignity of the client must be respected at all times and upon all occasions, including any occasion when the client is admitted, retained, or transported.

Substance abuse clients who are not accused of a crime or delinquent act may not be detained or incarcerated in jails, detention centers, or training schools of the state, except for purposes of protective custody in strict accordance with this chapter.

A client may not be deprived of any constitutional right.

 

End of Overview of
The Florida Substance Abuse Impairment Act
(Marchman Act)
Chapter 397, Florida Statutes
The information provided using this web site is only intended to be general summary information to the public. It is not intended to take the place of either the written law or regulations.
(Refer to Law for Specifics)

 

The information provided using this web site is only intended to be general summary information to the public. It is not intended to take the place of either the written law or regulations. Please refer to appropriate agencies or organizations for more complete information.

The FKOC, a non-profit 501(c) (3) organization, supports its programs through local, state and federal grants, foundations, and corporate and private donations.


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