Florida's Substance Abuse Impairment Act governs the voluntary and involuntary commitment and treatment for substance abuse. The act is also known as the Hal S. Marchman Alcohol and Other Drug Services Act or Marchman Act.
Treatment under the Marchman Act can be voluntary or involuntary. However, if the admission will be involuntary, certain criteria must be met. The Marchman Act permits a person to be admitted for assessment or treatment for substance abuse against his or her will in various ways, according to specified procedures and criteria. For example, a law enforcement officer may have someone placed in protective custody if he or she exhibits a need for treatment (1) in a public place or (2) in a way that attracts the officer's attention. Additionally, any responsible person with knowledge of a person's substance abuse may apply to have that person admitted in an emergency if the person is likely to harm himself or herself or others or is so impaired that he or she cannot recognize the need for treatment. A spouse, relative, guardian, or three adults with knowledge of the person's substance abuse may petition the court for involuntary treatment.
The Marchman Act also contains provisions concerning numerous areas other than involuntary treatment. For example, there are provisions addressing voluntary admission; voluntary drug court programs for offenders; licensing of service providers; local ordinances concerning treatment of habitual abusers; and inmate substance abuse programs.
The Marchman Act is used to facilitate involuntary admission to the Addictions Receiving Facility for an individual who appears to have lost the power of self control due to use/abuse of alcohol or drugs.
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