The decision to seek mental health treatment can be difficult, but it’s especially changing for those in the midst of a mental health crisis. Florida began to recognize this truth and took steps toward addressing it. What developed over time came to be known as the Baker Act (aka the Florida Mental Health Act), which is a type of mental health law.
If you or someone you love needs help addressing mental health and substance use disorders, help is available via Guardian Recovery — Tampa Addiction Center. Located in Largo, FL, Tampa Addiction Center is a leader in providing drug and alcohol detox services and residential care, which can include treatment of co-occurring mental health and substance use disorders. Call today to speak with a treatment advisor to learn more about care options.
Understanding the Baker Act
The Florida Mental Health Act was first introduced in 1972 by state representative Maxine Baker. Commonly referred to as the Baker Act, this legislation was intended to improve the overall mental health treatment for those experiencing an acute mental health crisis in the state of Florida.(1)
Overview and Purpose
The primary use of the Baker Act is the involuntary psychiatric evaluation and involuntary treatment of someone experiencing a mental health crisis. These individuals include those who have lost self control or may harm themselves or others. Loved ones, healthcare professionals, law enforcement, and the courts are able to make the potentially life saving decision for involuntary treatment.(1)
Key Components of the Act
The Baker Act requires a specific set of guidelines to qualify.(2) Generally speaking, there must be reason to believe the individual has a mental illness, and because of this condition they are impaired and unable to determine their own need for treatment.(1) (See additional criteria below.)
The act enables the following personnel to seek emergency mental health services and temporary detention for those who are impaired due to mental illness as described in the criteria:(2)
- Family members
- Law enforcement officers
- Healthcare providers (including physicians, physician assistants, clinical psychologists, psychiatric nurses, advanced practice registered nurses, mental health counselors, marriage and family therapists, and clinical social workers)
- A circuit or county court
Process of Involuntary Examination
The Baker Act places strict guidelines on which facilities can perform involuntary care and examinations. These facilities have been approved by the state of Florida to qualify them for this intensive level of care. These facilities include hospitals with an inpatient psychiatric unit, Crisis Stabilization Units (CSUs), and Short-term Residential Treatment (SRT) facilities.(2)
Criteria for Involuntary Examination
According to information from the Florida Department of Children and Families, in order for this statute to take effect in individual cases, there must be reason to believe the individual has a mental illness, and due to this condition the following conditions are met:(2)
- They have refused voluntary examination, or they are unable to determine for themselves that examination is necessary; and
- Without care or treatment, they may suffer from personal neglect or refuse to care for themselves, which presents a threat of substantial harm to their well-being; or
- There is a substantial likelihood that without care or treatment, the individual will cause harm to themselves or others in the near future.
Steps Involved in the Process
Once someone has been deemed appropriate for an involuntary treatment admission, they are transported to a qualified facility, where they are examined by a qualified mental health clinician. According to Thomson Reuters insights regarding Section 394.463 of the Florida Statutes, individuals who are held in a facility for involuntary examination can only be held for 72 hours.(3)
During this time physicians and counselors examine and interview the individual to determine their mental state and the type and duration of further treatment that may be needed, including further involuntary confinement. Within 72 hours, the facility must do one of the following:(3)
- Release the patient without condition
- Release the patient for voluntary outpatient treatment
- Request that the patient give consent to being admitted for voluntary inpatient treatment
- File a petition for involuntary placement with the appropriate circuit court when outpatient or inpatient treatment is necessary but the patient refuses to consent
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Rights of Individuals Under the Baker Act
While participating in involuntary commitment and treatment under the Baker Act, patients maintain most of their state and federal rights.(4) Though these rights remain in place while under the compliance of the Baker Act, a physician or law enforcement officer may temporarily suspend these rights if they interfere with the safety or treatment of a patient.
Patient Rights and Protections
The rights maintained by Baker Act patients include:(4)
- Dignity
- Express and informed consent
- Treatment
- Quality of treatment
- Communication, abuse reporting, and visits
- Care and custody of personal effects
- Voting in public elections
- Habeas corpus
- Treatment and discharge planning
- Representative designation
- Confidentiality
- Access to one’s own record
Role of Healthcare Providers and Law Enforcement
The Baker Act was specifically crafted by lawmakers as a means of ensuring safety for those experiencing a mental health crisis. Though it is an involuntary commitment process, it is reserved for those who have been deemed a danger to themselves or others, or have become incapable of making their own decisions. These assessments are made by medical, mental health, and law enforcement professionals. Once a determination has been made to pursue involuntary treatment, qualified mental health facilities assess and care for the patient until they have reached an acceptable level of stabilization.
Commonly Asked Questions
We offer programs lengths individualized for each client. Generally detox is anywhere from 3-7 days. These are estimates and are adjusted to meet the needs of the individual client.
Yes! We work with most major insurance providers. We offer free no-obligation insurance benefit checks for those who are interested in our program. Our admissions team will speak with your insurer and get a detailed verification of your insurance benefits and share those details with you. Unfortunately Medicaid and Medicare do not cover our facility.
Tampa Addiction Center facilities are located in the Southeast United States. Our first facility to launch is based near Tampa Bay, Florida at:
405 7th Ave SW
Largo, FL 33770
Absolutely. We understand that addiction affects the entire family system and encourage families to participate in their loved one’s treatment. To help families recover we also offer intervention services, case management, and family workshops.
Yes. We believe in complete and total confidentiality and privacy for all of our clients. We take extra measures to make sure we go above and beyond HIPAA and health privacy standards. If you are concerned about specific privacy requirements please feel free to reach out and we can answer your questions.
While we strongly discourage leaving before treatment completion, we are not a lockdown facility. Clients are in our program voluntarily and may leave when they want.
Clients who need to take off work to attend treatment may be eligible for the Family Medical Leave Act (FMLA). FMLA ensures that you will not be terminated while taking a leave of absence from work to attend treatment. Our admissions and case management staff can help with setting up any FMLA paperwork. For clients who are self employed, we do offer an executive program that allows for cellphone and laptop access in certain cases during business hours.
Admissions is quick and easy. Once you call our admissions team one of our dedicated treatment advisors will perform a pre-assessment over the phone . This takes about 10 minutes and just makes sure Guardian Recovery is the best fit for you or your loved ones individual needs. After the assessment we will verify insurance benefits and arrange a time for your intake (this can be as quick as 30 minutes from the initial call). If you need a ride to the facility we will dispatch one of our drivers and you will begin your recovery at our facility. It is that easy. To get started call us 24/7 at (844) 904-1778 or submit this online form click here.
Seeking Treatment
The Baker Act is an important step in ensuring the safety of a loved one experiencing a mental health crisis. However, mental health and substance use treatment can be readily accessed through voluntary means.
Tampa Addiction Center can help.Our team of addiction professionals understands dual diagnosis care, which typically involves substance use and mental health disorders that occur concurrently. Call today to speak with a treatment advisor about your options and our easy-to-navigate admissions process. Reach out now to take your first step toward lasting health and recovery.
- University of Florida Health. Baker Act. Available from: https://ufhealth.org/baker-act.
- Florida Department of Children and Families. Baker Act FAQs. Available from: https://www.myflfamilies.com/sites/default/files/2023-09/Baker%20Act%20FAQs%20%28003%29.pdf.
- Thomson Reuters. Basics of the Florida Baker Act. Available from: https://legal.thomsonreuters.com/blog/basics-of-the-florida-baker-act.
- Florida Department of Children and Families. Patient Rights. Available from: https://www.myflfamilies.com/sites/default/files/2022-11/ptrts.pdf
