People who have severe substance use issues may experience impaired judgment and be unable to recognize the need for professional intervention. In the state of Florida, family and friends can file a petition for involuntary addiction treatment under the Marchman Act to help ensure that their loved one receives necessary and sometimes life-saving treatment.
- The Marchman Act is a Florida statute that can be used to help people receive emergency and necessary substance use treatment.
- The Marchman Act includes the ability for family members or others closely known to an individual with substance use issues to file a petition for involuntary admission.
- To enact the Marchman Act, individuals must be substance-impaired, a danger to themselves or others, or have impaired judgment preventing them from recognizing their need for intervention.
What is the Marchman Act?
The Marchman Act is a law in Florida that allows for the involuntary admission of an individual into substance use treatment, including procedures that enable family and friends to request involuntary admission.
The Marchman Act, known in full as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, helps ensure that people who require emergency substance use treatment can receive these services. [1]
People with severe substance use issues may become impaired in their decision-making or judgment, thus preventing them from acknowledging their substance abuse and the harm that it is causing, or may become a danger to themselves or others. In these cases, a family member or friend, or a medical professional known to the individual, can file a petition for involuntary admission under the Marchman Act. [2]
Different petitions can be filed depending on the circumstances. Three procedures within the Marchman Act can be enacted without a court order, while two, involuntary assessment and stabilization, and involuntary treatment, require an order from the courts. [2]
Who qualifies under the Marchman Act?
Criteria for inclusion under the Marchman Act include: [2][3]
- People who have impaired self-control over their substance use.
- People who are at risk of causing physical harm to themselves or others.
- People who require substance use treatment but have become impaired in their decision-making and judgment, thus preventing them from recognizing their need for treatment.
How the Marchman Act process works
Firstly, a petition must be filed with the court. It can be filed by the individual’s family member, spouse, or guardian, a private practitioner, service provider director, or any three adults who know the individual. If the individual is a minor, the petition can be filed by their parent, guardian, or custodian, or a licensed service provider. [2][3]
The type of form required will vary depending on the specific circumstances. Five procedures can be utilized under the Marchman Act to seek involuntary admission: [2][3]
- Protective custody: Law enforcement can seek assessment for an individual who appears to meet involuntary admission criteria in public or in police custody, without a court order.
- Emergency admission: Emergency admission can be initiated by a family member or friend, but must be executed with a licensed physician’s certificate. This method does not require court review, and the individual will be admitted for emergency assessment and stabilization. However, for longer-term treatment, a court hearing within 10 days is required.
- Alternative involuntary assessment for minors: Parents or guardians can initiate an emergency involuntary assessment for people under 18 without the need for a court order.
- Involuntary assessment and stabilization: A petition for assessment and stabilization is filed with the court, and a hearing is conducted within 10 days, unless the court determines the content of the petition is sufficient to authorize admission without a hearing. This allows for up to five days of admission to complete assessment and stabilization.
- Involuntary treatment: A petition can be filed for involuntary treatment, following assessment, to seek up to 60-90 days of treatment.
For involuntary treatment, the individual must first have been assessed. This requires the petitioner to file for involuntary assessment and stabilization. If this assessment period indicates a requirement for longer-term care, it is necessary to file a petition for involuntary treatment, unless the individual acknowledges their need for treatment and applies for voluntary treatment. [4]
This second petition can be filed by the initial petitioner or by the service provider, and will require a second hearing, within 10 days of the petition, to ascertain the court’s decision regarding the requirement for longer-term care of up to 60-90 days. During this hearing, the results of the assessment will be presented. [2]
How long does the Marchman Act last?
A person admitted to involuntary treatment under the Marchman Act will remain in this service for up to 60-90 days, depending on the location within the state. If the service is no longer required within this time, the individual will be released. They can also, within this time, request to move on to a voluntary admission. [2][3]
Within 10 days of the 60-90-day expiration, the service provider can request to renew the involuntary treatment order if it is expected that the individual will continue to meet the criteria for involuntary admission beyond the initial timeframe. If the court finds that the criteria remain, the order can be renewed for up to an additional 90 days. [2]
Marchman Act vs. Baker Act
Both the Marchman Act and the Baker Act are Florida legislation, cited respectively as Chapters 397 and 394 of the Florida Statutes. While the Marchman Act applies to substance use issues, the Baker Act applies to mental illness. [3] This act is important because in many states, it is possible to admit someone to treatment involuntarily for severe mental illness, but not for substance abuse.
Like the Marchman Act, the Baker Act allows for the involuntary assessment and treatment of a person who otherwise refuses or fails to acknowledge their need for intervention and may be at risk of harm to themselves or others without appropriate treatment.
The Baker Act also requires filing a petition with the court by a family member or any person who has firsthand knowledge of the individual’s circumstances and mental state. [3]
Benefits and limitations
Some of the potential benefits of the Marchman Act include:
- Preventing severe harm to the individual or others.
- Reducing the risk of overdose or other drug-related health issues.
- Increasing access to services among those who are substance-impaired or cannot otherwise acknowledge their need for intervention.
- Improved treatment retention.
Things to consider
Some of the potential limitations of the Act include: [5][6]
- Impaired therapeutic relationships: Individuals who are provided with involuntary treatment may struggle to build trusting therapeutic relationships with service providers, which could impact outcomes.
- Stigmatization: People who have received involuntary treatment could experience discrimination and stigma, which could impact them professionally and socially.
- Distress: Negative emotional consequences could occur as a result of involuntary admission.
- Loss of autonomy: People may lose their sense of autonomy and control, which could hinder outcomes and create powerlessness and resentment.
- Family burden: Family or friends who petition for a loved one’s involuntary treatment can face psychological difficulties when deciding to file the petition or when witnessing their loved one struggle before and during treatment.
- Availability: A court-ordered admission cannot guarantee an available placement. If beds are not available, the individual will be placed on a waiting list. The court is not responsible for finding a placement; this onus lies with the petitioner.
When to consider this option
This option might be suitable for people in Florida if they know someone who is severely impaired by their substance use, to the point that it is causing significant risks of harm to the individual or others, they are unable to recognize the harm or potential harm caused by their substance use, and they are unwilling or unable to acknowledge their need for professional intervention.
People may find this a challenging decision to consider and may wish to seek advice and support from a professional.
This law applies only to the state of Florida, but there are similar laws in other states that can enable family and friends to seek assessment and treatment for their loved one.
Alternatives to the Marchman Act
The Marchman Act may be the most appropriate option in cases involving severe and dangerous substance use in a person unwilling to seek treatment. However, voluntary engagement in treatment is usually the preferred option over mandated treatment.
Various substance use disorder treatment options are available, including behavioral therapies, medications, and rehab facilities.
In the event of an emergency, such as a risk of immediate harm, call 911 for police intervention and medical assistance. [3]
How to get help
A medical professional may be able to provide advice before filing a petition under the Marchman Act. Additionally, there are handbooks and information websites that can provide the necessary guidance on the various procedures and processes involved. For example:
Before filing a petition to enact the Marchman Act, it is necessary to prepare evidence and documentation to demonstrate the individual’s behaviors, impairments, and risks. This process might be easier with the assistance of an attorney.
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