Florida Mental Health Act

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The Florida Mental Health Act of 1971 (commonly known as the "Baker Act"; Florida Statute 394.451-394.47891[1] (2009 rev.)), allows the involuntary institutionalization and examination of an individual.

The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person:

  • possibly has a mental illness (as defined in the Baker Act).
  • is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).

Examinations may last up to 72 hours after a person is deemed medically stable and occur in over 100 Florida Department of Children and Families-designated receiving facilities statewide.

There are many possible outcomes following examination of the patient. This includes the release of the individual to the community (or other community placement), a petition for involuntary inpatient placement (what some call civil commitment), involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment). The involuntary outpatient placement language in the Baker Act took effect as part of the Baker Act reform in 2005.

The act was named for a Florida state representative from Miami, Maxine Baker,[2] who had a strong interest in mental health issues, served as chair of a House Committee on Mental Health, and was the sponsor of the bill.

The nickname of the legislation has led to the term "Baker Act" as a transitive verb, and "Baker Acted" as a passive-voice verb, for invoking the Act to force an individual's commitment. Although the Baker Act is a statute only for the state of Florida, use of "Baker Acting" as a verb has become prevalent as a slang term for involuntary commitment in other regions of the United States.

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