Substance Abuse and Mental Health
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HB 1081 — Substance Abuse and Mental Health
Last action — Laid on Table - Companion bill(s) CS/SB 7012 passed
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Substance Abuse and Mental Health; Provides additional duties for Statewide Office for Suicide Prevention & Suicide Prevention Coordinating Counsel; revises composition of council; expands definition of "mental illness" to provide certain exclusions; revises entities that are exempt from certain licensing requirements; authorizes jails to share medical information pertaining to specified defendants to DCF; requires maintenance of psychotropic medications to specified defendants.
Bill Text
What changed in the latest version
294 added · 440 removed294 line(s) added, 440 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 A bill to be entitled An act relating to substance abuse and mental health;
14.2019, F.S.;
providing additional duties for the Statewide Office for Suicide Prevention;
amending s.
14.20195, F.S.;
providing additional duties for the Suicide Prevention Coordinating Council;
revising the composition of the council;
amending s.
revising adefinitions; definition;
PageSection 11. of 16 CODING:
Words stricken are deletions;
words underlined are additions.
hb1081-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1081 2020 Section 1.
Paragraphs (a) and (d) of subsection (2) of section 14.2019, Florida Statutes, are amended, and paragraphs (e) and (f) are added to that subsection, to read:
14.2019 Statewide Office for Suicide Prevention.— (2) The statewide office shall, within available resources:
(a) Develop a network of community-based programs to improve suicide prevention initiatives.
The network shall identify and work to eliminate barriers to providing suicide prevention services to individuals who are at risk of suicide.
The network shall consist of stakeholders advocating suicide prevention, including, but not limited to, not-for-profit suicide prevention organizations, faith-based suicide prevention organizations, law enforcement agencies, first responders to emergency calls, veterans, servicemembers, suicide prevention community coalitions, schools and universities, mental health agencies, substance abuse treatment agencies, health care providers, and school personnel.
(d) Coordinate education and training curricula in suicide prevention efforts for law enforcement personnel, first responders to emergency calls, veterans, servicemembers, health care providers, school employees, and other persons who may have contact with persons at risk of suicide.
(e) Act as a clearinghouse for information and resources related to suicide prevention by:
Page 2 of 16 CODING:
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words underlined are additions.
hb1081-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1081 2020 1.
Disseminating and sharing evidence-based best practices relating to suicide prevention.
2.
Collecting and analyzing data on trends in suicide and suicide attempts annually by county, age, gender, profession, and other demographics as designated by the statewide office.
(f) Advise the Department of Transportation on the implementation of evidence-based suicide deterrents in the design elements and features of infrastructure projects throughout the state.
Section 2.
Paragraph (c) of subsection (1) and subsection (2) of section 14.20195, Florida Statutes, are amended, and paragraph (d) is added to subsection (1) of that section, to read:
14.20195 Suicide Prevention Coordinating Council;
creation;
membership;
duties.—There is created within the Statewide Office for Suicide Prevention a Suicide Prevention Coordinating Council.
The council shall develop strategies for preventing suicide.
(1) SCOPE OF ACTIVITY.—The Suicide Prevention Coordinating Council is a coordinating council as defined in s.
20.03 and shall:
(c) Make findings and recommendations regarding suicide prevention programs and activities, including, but not limited to, the implementation of evidence-based mental health awareness and assistance training programs and suicide risk identification Page 3 of 16 CODING:
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words underlined are additions.
Show all 182 changed lines (142 more)
hb1081-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1081 2020 training in municipalities throughout the state.
The council shall prepare an annual report and present it to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1, each year.
The annual report must describe the status of existing and planned initiatives identified in the statewide plan for suicide prevention and any recommendations arising therefrom.
(d) In conjunction with the Department of Children and Families, advise members of the public on the locations and availability of local behavioral health providers.
(2) MEMBERSHIP.—The Suicide Prevention Coordinating Council shall consist of 31 27 voting members and one nonvoting member.
(a) Seventeen Thirteen members shall be appointed by the director of the Statewide Office for Suicide Prevention and shall represent the following organizations:
1.
The Florida Association of School Psychologists.
2.
The Florida Sheriffs Association.
3.
The Suicide Prevention Action Network USA.
3.4.
The Florida Initiative of Suicide Prevention.
4.5.
The Florida Suicide Prevention Coalition.
5.6.
The American Foundation of Suicide Prevention.
6.7.
The Florida School Board Association.
7.8.
The National Council for Suicide Prevention.
8.9.
The state chapter of AARP.
Page 4 of 16 CODING:
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hb1081-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1081 2020 9.10.
The Florida Behavioral Health Association The Florida Alcohol and Drug Abuse Association.
11.
The Florida Council for Community Mental Health.
10.12.
The Florida Counseling Association.
11.13.
NAMI Florida.
12.
The Florida Medical Association.
13.
The Florida Osteopathic Medical Association.
14.
The Florida Psychiatric Society.
15.
The Florida Psychological Association.
16.
Veterans Florida.
17.
The Florida Association of Managing Entities.
(b) The following state officials or their designees shall serve on the coordinating council:
1.
The Secretary of Elderly Affairs.
2.
The State Surgeon General.
3.
The Commissioner of Education.
4.
The Secretary of Health Care Administration.
5.
The Secretary of Juvenile Justice.
6.
The Secretary of Corrections.
7.
The executive director of the Department of Law Enforcement.
8.
The executive director of the Department of Veterans' Affairs.
9.
The Secretary of Children and Families.
10.
The executive director of the Department of Economic Page 5 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
hb1081-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1081 2020 Opportunity.
(c) The Governor shall appoint four additional members to the coordinating council.
The appointees must have expertise that is critical to the prevention of suicide or represent an organization that is not already represented on the coordinating council.
(d) For the members appointed by the director of the Statewide Office for Suicide Prevention, seven members shall be appointed to initial terms of 3 years, and seven members shall be appointed to initial terms of 4 years.
For the members appointed by the Governor, two members shall be appointed to initial terms of 4 years, and two members shall be appointed to initial terms of 3 years.
Thereafter, such members shall be appointed to terms of 4 years.
Any vacancy on the coordinating council shall be filled in the same manner as the original appointment, and any member who is appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the member's predecessor.
A member is eligible for reappointment.
(e) The director of the Statewide Office for Suicide Prevention is shall be a nonvoting member of the coordinating council and shall act as chair.
(f) Members of the coordinating council shall serve without compensation.
Any member of the coordinating council who is a public employee is entitled to reimbursement for per diem Page 6 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
hb1081-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1081 2020 and travel expenses as provided in s.
112.061.
Section 3.
(28) "Mental illness" means an impairment of the mental or emotional processes that exercise conscious control of one's actionsPage or1 of the11 abilityCODING: to perceive or understand reality, which impairment substantially interferes with the person's ability to meet the ordinary demands of living.
Words stricken are deletions;
words underlined are additions.
hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1081 2020 actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person's ability to meet the ordinary demands of living.
Section 4.2.
Section 5.3.
Page(26) 7Licensed service components include a comprehensive continuum of 16accessible CODING:and quality substance abuse prevention, intervention, and clinical treatment services, including the following services:
(a) "Clinical treatment" means a professionally directed, deliberate, and planned regimen of services and interventions Page 2 of 11 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 (26)that Licensedare servicedesigned componentsto includereduce aor comprehensiveeliminate continuumthe misuse of accessibledrugs and qualityalcohol substance abuse prevention, intervention, and clinicalpromote treatmenta services,healthy, includingdrug-free thelifestyle. following services:
(a) "Clinical treatment" means a professionally directed, deliberate, and planned regimen of services and interventions that are designed to reduce or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle.
4.3.4.
"Detoxification" is a service involving subacute care Pagethat 8is provided on an inpatient or an outpatient basis to assist individuals to withdraw from the physiological and psychological effects of 16substance CODING:abuse and who meet the placement criteria for this component.
4.5.
"Intensive inpatient treatment" includes a planned regimen of evaluation, observation, medical monitoring, and Page 3 of 11 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 thatclinical isprotocols provideddelivered onthrough an inpatientinterdisciplinary orteam anapproach outpatientprovided basis24 tohours assistper individualsday, to7 withdrawdays fromper theweek, physiologicalin anda psychologicalhighly effectsstructured, oflive-in substanceenvironment. abuse and who meet the placement criteria for this component.
5.5.6.
"Intensive inpatient treatment" includes a planned regimen of evaluation, observation, medical monitoring, and clinical protocols delivered through an interdisciplinary team approach provided 24 hours per day, 7 days per week, in a highly structured, live-in environment.
6.
7.6.7.
8.7.8.
9.8.9.
"Residential treatment" is a service provided in a Pagestructured 9live-in ofenvironment 16within CODING:a nonhospital setting on a 24-hours-per-day, 7-days-per-week basis, and is intended for individuals who meet the placement criteria for this component.
Section 4.
Section 397.4012, Florida Statutes, is amended to read:
397.4012 Exemptions from licensure.—The following are Page 4 of 11 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 structuredexempt live-infrom environment within a nonhospital setting on a 24-hours-per-day, 7-days-per-week basis, and is intended for individuals who meet the placementlicensing criteriaprovisions forof this component.chapter:
Section 6.
Section 397.4012, Florida Statutes, is amended to read:
397.4012 Exemptions from licensure.—The following are exempt from the licensing provisions of this chapter:
397.311(26) is not Pageexempt 10from ofsubstance 16abuse CODING:licensure but retains its exemption with respect to all services which are solely religious, spiritual, or ecclesiastical in nature.
(9) Facilities licensed under chapter 393 which, in addition to providing services to persons with developmental disabilities, also provide services to persons developmentally Page 5 of 11 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 exemptat fromrisk substanceas abusea licensureconsequence butof retainsexposure its exemption with respect to allalcohol servicesor whichother arelegal solelyor religious,illegal spiritual,drugs orwhile ecclesiastical in nature.utero.
(9) Facilities licensed under chapter 393 which, in addition to providing services to persons with developmental disabilities, also provide services to persons developmentally at risk as a consequence of exposure to alcohol or other legal or illegal drugs while in utero.
Furthermore, this chapter may not be construed to limit the practice of a physician or physician assistant licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, a psychotherapist licensed under chapter 491, or an advanced practice registered nurse licensed under part I of chapter 464, who provides substance abuse treatment, so long as the physician, physician assistant, psychologist, psychotherapist, or advanced practice registered nurse does not represent to the public that he or she is a licensed service provider and does not provide services to Page 116 of 1611 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 chapter 491, or an advanced practice registered nurse licensed under part I of chapter 464, who provides substance abuse treatment, so long as the physician, physician assistant, psychologist, psychotherapist, or advanced practice registered nurse does not represent to the public that he or she is a licensed service provider and does not provide services to individuals under pursuant to part V of this chapter.
Section 7.5.
PageSection 126. of 16 CODING:
Subsection (2) of section 916.13, Florida Statutes, is amended to read:
916.13 Involuntary commitment of defendant adjudicated incompetent.— (2) A defendant who has been charged with a felony and who has been adjudicated incompetent to proceed due to mental Page 7 of 11 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 Sectionillness, 8.and who meets the criteria for involuntary commitment under this chapter, may be committed to the department, and the department shall retain and treat the defendant.
Subsection (2) of section 916.13, Florida Statutes, is amended to read:
916.13 Involuntary commitment of defendant adjudicated incompetent.— (2) A defendant who has been charged with a felony and who has been adjudicated incompetent to proceed due to mental illness, and who meets the criteria for involuntary commitment under this chapter, may be committed to the department, and the department shall retain and treat the defendant.
Each defendant returning to a jail shall continue to Pagereceive 13the same psychotropic medications as prescribed by the facility physician at the time of 16discharge CODING:from a forensic or civil facility, unless the jail physician determines there is a compelling medical reason to change or discontinue the medication.
If the jail physician changes or discontinues the medication and the defendant is later determined at the Page 8 of 11 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 receivecompetency thehearing sameto psychotropicbe medicationsincompetent asto prescribedstand bytrial theand facilityis physicianrecommitted atto the timedepartment, ofthe dischargejail fromphysician amay forensicnot change or civildiscontinue facility, unless the jaildefendant's physicianprescribed determinespsychotropic theremedication isupon athe compellingdefendant's medicalnext reasondischarge tofrom changethe forensic or discontinuecivil thefacility. medication.
If the jail physician changes or discontinues the medication and the defendant is later determined at the competency hearing to be incompetent to stand trial and is recommitted to the department, the jail physician may not change or discontinue the defendant's prescribed psychotropic medication upon the defendant's next discharge from the forensic or civil facility.
Section 9.7.
916.15 Involuntary commitment of defendant adjudicated not guilty by reason of insanity.— (3)(a) Every defendant acquitted of criminal charges by reason of insanity and found to meet the criteria for involuntary commitment may be committed and treated in accordance with the provisions of this section and the Page 149 of 1611 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 916.15 Involuntary commitment of defendant adjudicated not guilty by reason of insanity.— (3)(a) Every defendant acquitted of criminal charges by reason of insanity and found to meet the criteria for involuntary commitment may be committed and treated in accordance with the provisions of this section and the applicable Florida Rules of Criminal Procedure.
Each defendant returning to a jail shall continue to Pagereceive 15the same psychotropic medications as prescribed by the facility physician at the time of 16discharge CODING:from a forensic or civil facility, unless the jail physician determines there is a compelling medical reason to change or discontinue the medication.
If the jail physician changes or discontinues the medication and the defendant is later determined at the Page 10 of 11 CODING:
hb1081-02-c2hb1081-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1081 2020 receivecompetency thehearing sameto psychotropicbe medicationsincompetent asto prescribedstand bytrial theand facilityis physicianrecommitted atto the timedepartment, ofthe dischargejail fromphysician amay forensicnot change or civildiscontinue facility, unless the jaildefendant's physicianprescribed determinespsychotropic theremedication isupon athe compellingdefendant's medicalnext reasondischarge tofrom changethe forensic or discontinuecivil thefacility. medication.
If the jail physician changes or discontinues the medication and the defendant is later determined at the competency hearing to be incompetent to stand trial and is recommitted to the department, the jail physician may not change or discontinue the defendant's prescribed psychotropic medication upon the defendant's next discharge from the forensic or civil facility.
Section 10.8.
Page 1611 of 1611 CODING:
hb1081-02-c2hb1081-01-c1
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View plain text versions (3)
- H 1081 c1 View text pdf
- H 1081 c2 View text Current pdf
- Introduced H 1081 Filed pdf
Action History
-
Laid on Table - Companion bill(s) CS/SB 7012 passed
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Placed on Calendar
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CS/CS by Health and Human Services Committee read 1st time
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Pending review of CS -under Rule 7.18(c)
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CS/CS by- Health and Human Services Committee; YEAS 16 NAYS 0
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On Committee agenda-- Health and Human Services Committee, 02/18/20, 3:00 pm, Morris Hall
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Now in Health and Human Services Committee
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Favorable by Health Care Appropriations Subcommittee; YEAS 9 NAYS 0
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On Committee agenda-- Health Care Appropriations Subcommittee, 02/11/20, 1:30 pm, Reed Hall
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Now in Health Care Appropriations Subcommittee
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CS by Children, Families and Seniors Subcommittee read 1st time
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Pending review of CS under Rule 7.18(c)
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CS by Children, Families and Seniors Subcommittee; YEAS 11 NAYS 0
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PCS on Committee agenda-- Children, Families and Seniors Subcommittee, 01/29/20, 9:00 am, 12 HOB
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Introduced
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Referred to Children, Families and Seniors Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee
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Filed
Sponsors
- Stevenson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Stevenson
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 1 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 2 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Brown | — | Yea |
| Cortes, J. | — | Yea |
| Duran | — | Yea |
| Goff-Marcil | — | Yea |
| Grant, M. | — | Yea |
| Magar | — | Yea |
| Pigman | — | Yea |
| Ponder | — | Yea |
| Roach | — | Yea |
| Rodrigues, R. | — | Yea |
| Slosberg | — | Not Voting |
| Stevenson | — | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Burton, Colleen | Republican | Not Voting |
| DiCeglie, Nick | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 1 |
| Democrat | 0 | 0 | 0 | 1 |
| Total | 9 | 0 | 0 | 3 |
| % of votes cast | 75% | 0% | 0% | 25% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Ausley | — | Yea |
| Duran | — | Yea |
| Grant, J. | — | Not Voting |
| Grieco | — | Yea |
| Magar | — | Yea |
| Pigman | — | Yea |
| Roach | — | Yea |
| Rommel | — | Yea |
| Stevenson | — | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Not Voting |
| Burton, Colleen | Republican | Not Voting |
| Rodriguez, Ana Maria | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 3 |
| Republican | 1 | 0 | 0 | 1 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 4 |
| % of votes cast | 73% | 0% | 0% | 27% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Ausley | — | Yea |
| Clemons | — | Yea |
| Cortes, J. | — | Yea |
| Fernandez-Barquin | — | Yea |
| Fetterhoff | — | Yea |
| Fitzenhagen | — | Yea |
| Newton | — | Not Voting |
| Polo | — | Not Voting |
| Ponder | — | Yea |
| Roach | — | Not Voting |
| Roth | — | Yea |
| Gregory, Emily | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Smith, David | Republican | Not Voting |
Subjects
Frequently asked questions
- What does HB 1081 do?
- Substance Abuse and Mental Health; Provides additional duties for Statewide Office for Suicide Prevention & Suicide Prevention Coordinating Counsel; revises composition of council; expands definition of "mental illness" to provide certain exclusions; revises entities that are exempt from certain licensing requirements; authorizes jails to share medical information pertaining to specified defendants to DCF; requires maintenance of psychotropic medications to specified defendants.
- Who sponsors HB 1081?
- HB 1081 is sponsored by Stevenson.
- What is the current status of HB 1081?
- This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 1081?
- Track HB 1081 free on One Click Politics — get push/email alerts when it moves.
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