What Is the Marchman Act?

Ever been in a relationship and not realized how toxic it was until after it ended? Our relationship with alcohol can be the same. Luckily, there are systems in place to support us — even if we don’t realize we need them.

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), over 94% of those of us with substance use disorder don’t receive treatment. Social and familial support are a major pillar of successful recovery. When supporting a loved one with alcohol use disorder (AUD), it can be helpful to understand the provisions of the Marchman Act, a Florida law that gives families certain rights to help loved ones through substance misuse treatment.

Let’s do an in-depth review of what it is, how to file for it, and how it can help us help our loved one.

Background of the Marchman Act

Before the Marchman Act was enacted, two main laws existed to help Floridians with substance use disorder get care. Chapters 396 and 397 of the Florida Statute separated treatment for alcohol use disorder (AUD) from other substance use disorders. Florida lawmakers found that there was a high comorbidity with substance dependence, and the separate laws became a barrier to accessing treatment. 

This prompted the development of the Marchman Act, which was enacted in 1993. The legislation was named after Rev. Hal Marchman, a renowned advocate for those who struggled with substance use disorder. It is also known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, but is more commonly known as the Florida Marchman Act. 

The Marchman Act was implemented to protect those struggling with substance use disorder by court order. Over the years there were several modifications made, with the most recent revision occurring in 2017. The Marchman Act is specific to the state of Florida, but most other states have similar laws for involuntary commitment.

Next, let's get into what exactly the law empowers Floridians to do.

Florida Marchman Act Basics

The Marchman Act allows an emergency court order for the stabilization and evaluation of substance misuse. It affords family members or loved ones the right to request support for those of us affected by substance misuse who may be unwilling to seek treatment. For a court-ordered treatment petition to be considered, we must meet the following criteria:

• Loss of control over substance use. Those of us with AUD may not be able to stop drinking even if we are aware of the harmful effects. Oftentimes we disregard priorities such as work, school, or personal care in order to drink. 
• Inflicted or attempted self-harm or harm to others. Alcohol severely affects our inhibitions and ability to make rational decisions and choices. On many occasions, those of us with AUD can unintentionally put ourselves or those around us at risk.
• Unable to make rational treatment decisions. It is noted that refusing treatment is not accepted as the only basis for this condition. There must be other examples provided to show that we are unable to make logical decisions regarding substance use treatment.

The two main ways we can have the Marchman Act enacted on us are if law enforcement witnesses behavior that warrants the need for evaluation or if petitioned by our loved ones. Our parents, guardians, relatives, spouses, or three adults with concerns about our substance use can petition for the Marchman Act. 

While the main provisions of the Marchman Act concern involuntary intervention, there are other areas pertaining to voluntary treatment. Now that we have a better grasp on the provisions of the Florida Marchman Act, let’s take a look at who may need it.

Who May Need the Marchman Act?

The Marchman Act caters to people over the age of 18. While parents can file a petition for the Act on behalf of minor children, the Act usually isn’t needed because parents of minors already have rights over medical decisions. The Act is intended to protect those struggling with substance misuse and who are a danger to themselves or others. It benefits those of us heavily affected by substance misuse who are unable to make rational decisions regarding treatment and may refuse treatment.

Like all legislation, there are many benefits and drawbacks of the Marchman Act. Let’s explore the benefits of the Act and some of its shortcomings.

Marchman Act Florida: Benefits and Challenges

Studies show that there are greater rates of treatment completion among those of us who are involuntarily committed. Let’s further explore the pros and cons of the Marchman Act to determine its efficacy. 

Benefits

Since the implementation of the Florida Marchman Act in 1993, it has been amended several times to better support the needs of those of us struggling with substance use disorder. Let’s review some of the positive impacts of the Act:

• Protection of our health and safety. The Act aims to prioritize our health and safety. One of the main conditions of the Marchman Act is the infliction or attempt to inflict harm on ourselves or another. By opening the door to involuntary commitment, the Act can help to reduce the risk of self-harm or harm to others. According to the Alcohol-related Disease Impact Application, the number of alcohol-related deaths has increased by over 70% since 2012 in the state of Florida. 
• State-funded treatment. The Marchman Act provides state-funded treatment for those who are eligible. For those of us who may not qualify for treatment due to clinical or financial reasons, the Marchman Act helps reduce this barrier. 
• Removes burden from our circle of support. Placing the decision on the court can help to remove some of the tension between us and our family. Involuntary commitment can often cause feelings of anger or resentment. During the acute phases of AUD, we may not be able to recognize that our alcohol use is an issue. This oftentimes causes us to direct our anger toward our circle of support. The Marchman Act puts the burden of power on the court, placing family and friends in a position of support.

Challenges

While the Marchman Act has provided beneficial results, there are also drawbacks of the Act that are important to acknowledge. Several challenges that those of us with substance use disorder face in regard to the Marchman Act include the following:

• Resentment from intervention. AUD can make it hard for us to grasp the reality of our situation, and a court-ordered intervention can blindside us. We often refuse treatment even when we need it. External pressure from our family and friends to seek treatment can cause feelings of anger or resentment towards those who are trying to help us. Pushing away our loved ones can isolate us during a time when support is crucial to our recovery.
• Processing period. Petitions for the Marchman Act can take days to process. Especially during the critical acute stage of AUD, the processing time for court-ordered assessment can be detrimental to our health and safety. The delayed processing of the petition can also allow us to leave the county or state, deeming the petition invalid. For those of us who could benefit from the Marchman Act, this is a major drawback in ensuring timely intervention for substance use disorder. 
• County legislation differences. The Marchman Act is accepted throughout the state, but the processes may vary from county to county. This can cause delays and obstacles in accessing treatment, especially when identifying a treatment facility in a different county or when we live in a different county than our petitioners. 
• Funding for treatment. There are strict qualifications for state-funded treatment. In most cases, funding for treatment falls on our insurance, out of pocket costs, and help from family or friends. Financial constraints are often a barrier to accessing treatment. 

There are positive and negative aspects of the Marchman Act, but in certain circumstances, it may be the only option. Let’s walk through the steps to filing a petition for the Marchman Act. 

How To File a Petition for the Marchman Act

Before opting to file a petition for the Marchman Act, exhausting other alternatives for intervention through voluntary treatment should be explored. Research shows that involuntary commitment causes higher rates of losing trust between us and our circle of support, damages to our social functioning, and interference with future employment. 

Different Methods To File a Petition

After voluntary treatment options have been explored and exhausted, the Marchman Act may be the only option. Here are three different ways to file a petition for the Act:

• Independent filing. Through this option, the petitioner fills out the forms and submits them to the court. It is typically the most cost-effective option, but misfiling can delay the process or deem the petition ineligible.
• Filing through an attorney. Hiring a lawyer to file the Marchman Act can be costly, but may make the process easier. An attorney can assist with ensuring the proper forms and documentation are submitted and help with preparing for the legal proceedings.
• Assistance from a comprehensive intervention counselor. A professional counselor provides case management and can assist with not only filing a petition for the Act but also developing an individualized treatment plan. Hiring a comprehensive intervention counselor is often less costly than a lawyer and can be influential in the continuance of care.

Regardless of the filing method, the steps to file a petition remain the same:

1. Identify a treatment center. Prior to filing a petition, the treatment center needs to be identified. A judge won’t grant a petition if a treatment center is not identified or there are no open beds. 
2. Complete the forms. Each county will have different forms that need to be completed. The forms provided by the county clerk’s office may request a description, the location, the exact facility, the date/time of admission, a list of current medications, and a list of medical conditions. 
3. Attend the hearing. Once a petition is filed, a hearing will be scheduled within 10 days. During the hearing, the judge will listen to the testimony from witnesses and either grant or deny the petition. If the petition is granted, the individual can voluntarily admit themselves into the treatment facility. If not, law enforcement will do so involuntarily.

What Happens After I File a Petition for the Marchman Act

A petition for the Act opens the door to a series of other procedures for obtaining adequate care. Let’s take a look at the next steps after a petition is filed. 

1. Assessment and stabilization period. After the petition is granted,  the assessment and stabilization period begins. During this initial stage, the individual is medically stabilized and a comprehensive assessment is completed to develop a treatment plan. This period lasts up to five days while the plan is developed and further recommendations are made. 
2. Petition for involuntary treatment. After the stabilization and evaluation are completed, the medical team determines if involuntary treatment is needed. The decision is based on a number of factors, including the person’s likelihood of seeking voluntary treatment, threat of harm, severity of substance use disorder, and judgment to make decisions regarding treatment. If the team petitions for involuntary treatment, a hearing will be scheduled within 10 days.
3. Inpatient or outpatient treatment. Once the petition for involuntary treatment is granted, we are entered into an inpatient or outpatient treatment program. This period can last up to 90 days, but early release can be recommended by the treatment team. Treatment includes a range of interventions such as medication management, cognitive behavioral therapy (CBT), support groups, and counseling. 
4. Transfer to voluntary treatment. After involuntary treatment is completed, recommendations for ongoing support are discussed. The team may provide referrals for voluntary programs, ongoing medication support, peer support groups, and community-based resources. Continued support is important in lowering the rate of relapse and recommitment. After-care planning may include outpatient programs, sober housing, job training, support groups, and case management.

Filing a petition for the Marchman Act is just an initial step in the process of recovery. Recovery from alcohol use disorder can be a long and challenging journey, but support from friends and family help.

Even the most independent movie characters have sidekicks or squads!

How To Support a Loved One During This Process 

Getting treatment for AUD is no walk in the park, especially if and when the Marchman Act is needed. Support from loved ones can be instrumental in the success of recovery. Ways to support a loved one through this process include the following:

• Start with voluntary treatment. Acceptance and willingness to recover are a crucial part of recovery from AUD. While involuntary commitment can assist with acute health and safety issues, voluntary treatment often leads to better recovery outcomes. Many AUD sufferers find themselves stuck in the “dry drunk” stage in recovery, but commitment to voluntary treatment can help them reach full recovery.
• Understand their resentment. It can be difficult for anyone to hear they need professional treatment to quit drinking or that drinking is even a problem to begin with. Understanding that feelings of resentment and anger may be a part of the process can help ease tensions between the individual needing help and those trying to provide support.
• Take care of yourself. Recovery from AUD can be a long process. To continue to provide support throughout the journey to full recovery, friends and family also need to take care of their own health. 
• Commit to the long haul. Filing a petition is only the first step in the journey to recovery. Support following discharge is influential in helping us navigate the road to healing our relationship with alcohol. While having support during the acute stages is important, having a strong foundation throughout the long haul can make the difference between full recovery and the risk of relapse.

Key Takeaways

For those affected by alcohol use disorder, acknowledging the need for treatment can be difficult. In the event that our health and safety and those around us are at risk, the Florida Marchman Act is a possible lifeline. Voluntary treatment should be the first step, as there are limitations to the law. But as a last resort, the Marchman Act has shown to have positive impacts on initiating treatment for those of us struggling with alcohol misuse. Having a better understanding of the Florida Marchman Act helps us stay informed on legislation and resources designed to support recovery. Here’s to marching forward in recovery with the Marchman Act!