Offices of Physicians, Mental Health Specialists Forms for Hillsborough
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FAQ
The Baker Act specifically states that confinement is not appropriate when any apparent harm "may be avoided through the help of willing family members or friends" Section 394.463(1)(b)(1), Florida Statutes.
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.
A psychiatric resident can initiate an involuntary examination under the Baker Act only if he/she is fully licensed in Florida as a medical or osteopathic physician under chapters 458 or 459, FS. If not licensed as a physician in Florida, he/she cannot initiate the Baker Act examination.
When a person is Baker Acted in Florida they are taken to a mental health hospital that is also a Baker Act receiving facility. A mental evaluation must be performed within 72 hours. After 72 hours if deemed mentally stable the person will be released.
What is the Baker Act? The Baker Act is a Florida law that allows people with mental illnesses to be held involuntarily for up to 72 hours in a mental health treatment facility if they meet certain criteria. The act can be initiated by judges, law enforcement officials, doctors or mental health professionals.
Yes, a Baker Act can be voluntary. However, to willingly Baker Act yourself you must be considered capable of consenting to treatment. To Baker Act yourself, visit an Emergency Room and describe your symptoms to medical professionals. If necessary, the medical staff will request the Baker Act.