This 60-minute presentation provides an in-depth look at Florida’s Marchman Act and how it can be used as a critical legal and clinical tool in responding to substance use crises. Aimed at legal, behavioral health, and treatment professionals, the session outlines the process for securing involuntary assessment and treatment for individuals whose substance use has rendered them incapable of making rational decisions about their care.
Participants will learn how to determine when a Marchman Act petition is appropriate, how to identify individuals who meet the legal criteria, and how to navigate the multi-step process — from filing to enforcement of treatment orders. The presentation explains key statutory definitions, the roles of petitioners and providers, and common barriers such as treatment refusal and law enforcement limitations. Guidance is offered on how attorneys, families, and facilities can coordinate to ensure successful outcomes.
In addition to Florida-specific procedures, this session includes a comparative overview of involuntary substance use and mental health treatment laws across various U.S. states. The presentation highlights similarities and key differences in legal standards, treatment timelines, and due process protections. Attendees will gain insights into national trends, emerging models, and what Florida professionals can learn from other jurisdictions.
Real-world case law, including Burley v. The Village South, and supporting research studies will be used to explore outcomes and effectiveness. The session closes with a review of provider responsibilities, the role of the court in monitoring compliance, and practical takeaways for implementing this tool in both clinical and legal practice.
By the end of the hour, attendees will walk away with a clear understanding of how to use the Marchman Act — and similar laws in other states — as part of a comprehensive strategy to help individuals access care before it’s too late.
Agenda:
- Introduction & Objectives
- Welcome and brief overview of goals of presentation
- Importance of understanding involuntary intervention laws
- The Basics of the Marchman Act
- What it is and who it’s for
- Difference between assessment and treatment orders
- Role of the petitioner
- When To Recommend the Marchman Act
- Warning signs and family scenarios
- Escalation from use to impairment
- When denial prevents voluntary treatment
- Identifying the Right Patient
- Clinical and behavioral indicators
- Patterns of treatment resistance and risk
- Legal threshold documentation
- Marchman Act Criteria & Legal Standards
- Clear and convincing evidence
- Defining substance abuse impairment
- Legal requirements under F.S. 397.311
- Step-by-Step Legal Process
- Emergency petition and ex parte orders
- Role of attorney, family, and facility
- What happens when the patient flees
- Challenges With Pre-Admission Assessments
- Coordination breakdowns
- Police limitations
- Lobby assessments and workaround strategies
- Treatment, Extensions, and Contempt
- 72-hour assessment and treatment orders
- Authority of the facility
- Contempt of court consequences
- State-by-State Comparison
- Highlight differences between Florida and other states
- Overview of key models and legislative trends
- Case Law & Research Highlights
- Burley v. Village South
- Clinical outcomes: voluntary vs. involuntary
- Practical implications for clinicians and attorneys
- Final Takeaways and Call to Action
- Collaboration is key
- Early intervention saves lives
- How to reach out for guidance
- Questions & Answers (as time permits)
Duration of this webinar:
60 minutes
When:
Premieres in 22 days |
October 7, 2025 10:00 AM PT
