JONAH TROUTMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A patient appeals a circuit court order authorizing involuntary psychiatric medication and treatment. The appellate court affirms the trial court's finding that the patient received a written treatment plan and opportunity to participate in its preparation, but reverses on the ground that the treatment center failed to present competent evidence that the multidisciplinary treatment team discussed and approved the recommended treatment.
The court affirmed the trial court's finding regarding the written treatment plan and the patient's opportunity to participate, but reversed because the treatment center failed to present competent, substantial evidence that the multidisciplinary treatment team discussed and approved the treatment plan. The statute requires proof that the team discussed and approved the necessity of treatment, not merely that the psychiatrist was part of the team.
[1] A treatment center must present competent, substantial evidence that a patient's multidisciplinary treatment team discussed and approved a treatment plan before involunta…
[2] The testimony of a single member of a multidisciplinary treatment team regarding the necessity of medication is insufficient to establish team approval for involuntary tr…
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Join FLexlaw to unlock all legal intelligence“requires that at least some evidence that the multidisciplinary team has discussed and approved the necessity of treatment be presented.”
Establishes the statutory requirement for involuntary treatment authorization under section 916.107(3)(a)
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Join FLexlaw to unlock all legal intelligenceA forensic patient refused treatment deemed necessary by his treatment center. The treatment center sought involuntary psychiatric medication and trea…
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The patient appeals from the circuit court’s final order granting a treatment center’s petition for involuntary psychiatric medication and treatment. The patient argues there was no competent, substantial evidence to establish: (1) that he was provided with a written treatment plan and an opportunity to assist in preparing that plan; or (2) that his multidisciplinary treatment team discussed and approved his recommended treatment. We affirm on the first ground without discussion. We reverse on the second ground.
Section 916.107(3)(a), Florida Statutes (2012), provides, in pertinent part:
A forensic client shall be asked to give express and informed written consent for treatment. If a client refuses such treatment as is deemed necessary and essential by the client’s multidisciplinary treatment team for the appropriate care of the client, such treatment may be provided under the following circumstances. ...
§ 916.107(3)(a), Fla. Stat. (2012) (emphasis added). Our case law interpreting section 916.107(3)(a) “ ‘requires that at least some evidence that the multidisciplinary team has discussed and approved the necessity of treatment be presented.’ ” Martin v. State, 94 So.3d 700, 701 (Fla. 4th DCA 2012) (quoting Louisma v. State, 78 So.3d *63950, 52 (Fla. 4th DCA 2012)). We also have held that “‘[o]n appellate review of an order requiring a forensic patient to accept involuntary psychotropic treatment, the record must contain competent, substantial evidence to support the trial court’s findings and to substantiate compliance with section 916.107.’ ” Morgan v. State, 94 So.3d 677, 679 (Fla. 4th DCA 2012) (quoting Louisma, 78 So.3d at 52).
Here, the treatment center did not present competent, substantial evidence that the patient’s multidisciplinary treatment team discussed and approved the treatment plan. The treatment center’s psychiatrist’s testimony described being part of the patient’s treatment team, the team’s composition, the team’s diagnosis regarding the patient’s mental health problem, that a plan was devised to restore the patient’s competency, and that the psychiatrist “diseuss[ed] the need for medications and testings as part of that plan.” Notably, the psychiatrist did not testify with whom he discussed the plan. Even assuming this testimony referenced a discussion with the treatment team’s other members, the psychiatrist did not testify that the other team members approved of the necessity of the recommended treatment.
Given the above, we conclude the treatment center did not present competent, substantial evidence that the patient’s multidisciplinary treatment team discussed and approved the treatment plan. Thus, the circuit court’s order must be reversed for a further hearing at which the treatment center may present evidence of the treatment team’s discussion and approval of the treatment plan. See Martin, 94 So.3d at 701 (reversing an involuntary medical treatment order where there was a “lack of evidentiary support showing that the proposed treatment was discussed with and approved by [the patient’s] multidisciplinary treatment team”); Morgan, 94 So.3d at 680 (reversing an involuntary medical treatment order where “[t]he record on appeal does not contain any evidence that [the patient’s] multidisciplinary team discussed or approved the necessity for this treatment”); Louisma, 78 So.3d at 53 (reversing an involuntary treatment order where the record was “devoid of evidence complying with the statutory requirement that the [patient’s] multidisciplinary team deemed the treatment requested to be necessary”). Cf. Dinardo v. State, 742 So.2d 287, 289 (Fla. 1st DCA 1998) (affirming an involuntary treatment order where the patient’s attending psychiatrist, who also was a member of the patient’s treatment team, testified that the patient’s treatment “had been discussed with and found necessary by [the patient’s] treatment team”).
Reversed and remanded for further proceedings.
STEVENSON and CIKLIN, JJ., concur.
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Citator
Cited By
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Chapman v. State, 133 So. 3d 1075 (Fla. 4th DCA 2014)…ce with section 916.107(3)(a). See Smith v. State, 117 So. 3d 858, 859 (Fla. 4th DCA 2013) (“The psychiatrist never testified that the other members, of the multidisciplinary team approved of the necessity of the treatment plan”); Troutman v. State, 112 So. 3d 638, 639 (Fla. 4th DCA 2013) ([“T]he psychiatrist did not testify that the other team members approved of the necessity of the recommended treatment.”); Martin v. State, 94 So. 3d 700, 701 (Fla. 4th DCA 2012) (“The order ... suffers from a ... lack of e…
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Smith v. State, 145 So. 3d 189 (Fla. 4th DCA 2014)…Fla. 4th DCA 2014) (no competent substantial evidence existed to show compliance with section 916.107 where “the physician did not testify that the treatment team approved the treatment plan or deemed it necessary and essential”); Troutman v. State, 112 So. 3d 638, 639 (Fla. 4th DCA 2013) (“[T]he psychiatrist did not testify that the other team members approved of the necessity of the recommended treatment.”); Louisma v. State, 78 So. 3d 50, 52 (Fla. 4th DCA 2012) (“Case law requires ... at least some evidenc…
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Delmus Rogers v. State, 138 So. 3d 1160 (Fla. 4th DCA 2014)…iance with section 916.107(3)(a), “there must be ‘at least some evidence that the multidisciplinary team has discussed and approved the necessity of treatment.’ ” Smith v. State, 117 So. 3d 858, 858-59 (Fla. 4th DCA 2013) (quoting Troutman v. State, 112 So. 3d 638, 638 (Fla. 4th DCA 2013)). Here, the treatment team physician stated that a treatment team was established and a treatment plan was devised for the purpose of restoring competency. She also listed the members of the team, and testified that there w…
Authorities Cited
- Dinardo v. State, 742 So. 2d 287 (Fla. 1st DCA 1998)
- Ludwige Louisma v. State, 78 So. 3d 50 (Fla. 4th DCA 2012)
- Nimmons v. State, 94 So. 3d 677 (Fla. 1st DCA 2012)
- Morgan v. State, 94 So. 3d 677 (Fla. 4th DCA 2012)
- Martin v. State, 94 So. 3d 700 (Fla. 4th DCA 2012)