Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.102 - Provision of Mental Health Services

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All inmates entering the department shall have access to necessary mental
				health services as established by this chapter.
(2) Inmates shall have access to mental
				health services commensurate with their needs as determined by health care
				staff.
(3) Inmates shall move
				between levels of care according to their level of adaptive functioning and
				treatment needs.
(4) All inmates
				who are receiving mental health services shall have an individualized services
				plan developed by mental health service providers.
(5) Inmates who are assigned to
				administrative confinement under Rule
				 33-602.220, F.A.C., disciplinary
				confinement under Rule
				 33-602.222, F.A.C., protective
				management under Rule
				 33-602.221, F.A.C., close
				management under Rule
				 33-601.800, F.A.C., or maximum
				management under Rule
				 33-601.820, F.A.C., and require
				necessary mental health services shall be referred to mental health staff
				immediately or to medical staff in the absence of mental health
				staff.
(6) The department shall
				establish a mental health classification system with which to identify inmates
				with a mental disorder that, in the clinical judgment of mental health staff,
				will adversely impact on the inmate's ability to adapt to the incarceration
				environment. The classification system shall identify inmates according to
				their level of mental and adaptive functioning and treatment needs.
(7) Before mental health evaluation and
				treatment are rendered to an inmate, the provider of such services shall ask
				the inmate to give express and informed written consent, after the limits on
				confidentiality are explained, unless such consent is already documented. The
				explanation shall enable the inmate to make a voluntary decision without any
				element of fraud, deceit, duress, or any other form of constraint or
				coercion.
(8) If an inmate requires
				long-term involuntary treatment, the inmate shall be referred to a corrections
				mental health treatment facility in accordance with Rule
				 33-404.2095, F.A.C.
(9) Conditions and Privileges of Inmates
				Receiving Inpatient Mental Health Services. Notwithstanding Rule
				 33-602.101, F.A.C., and subject
				to the provisions of Rule
				 33-404.112, Risk Assessment of
				Inmates in an Inpatient Setting, inpatient inmates shall be managed in
				accordance with Form DC4-664B, Behavioral Management Progress System. Form
				DC4-664B, Behavioral Management Progress System is hereby incorporated by
				reference. Copies of this form are available from the Forms Control
				Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10013
.
				The effective date of the form is 11/18.
(10) An inmate receiving inpatient mental
				health services shall have access to the courts and legal materials as provided
				in Rule  33-501.301, F.A.C. However, if
				the psychologist, or a psychiatrist in the absence of the psychologist,
				determines that an inmate's access to the law library must be restricted in
				order to prevent injury or harm to the inmate or others, security and mental
				health staff shall immediately notify the law librarian. The law librarian will
				coordinate with mental health and security staff to ensure that the inmate has
				access to necessary law library services, such as inmate law clerk visits, to
				ensure that the inmate meets any pending legal deadlines during the
				restriction.
(11) During hours
				other than 8 a.m. to 5 p.m., Monday through Friday and observed holidays, the
				shift supervisor of an inpatient unit, in the absence of a psychologist or
				psychiatrist, and after consulting with the on duty health care staff, may
				authorize the temporary restriction of any property being used to create an
				immediate threat to the security of the unit that prevents security staff from
				accomplishing required functions in the unit. Any property restrictions
				authorized by the shift supervisor shall be limited to those items necessary to
				neutralize the threat. All restrictions must be reviewed for further
				disposition by the Multidisciplinary Services Team (MDST) on the next business
				day.
(12) An inmate's access to
				property or privileges will be restricted upon the recommendation of licensed
				mental health staff when access to the property or privilege poses a threat of
				self-injury to the inmate or to the health or safety of other inmates or staff.
				The restrictions, together with justifications for the restrictions, shall be
				documented in the inmate's medical file. Restrictions imposed under this
				paragraph shall be reviewed by the psychologist or psychiatrist not less than
				every 72 hours to determine whether the continuation or modification of the
				restriction is necessary. The review and any resulting action shall be
				documented in the inmate's medical file.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 944.09,
					 945.48,
					 945.49
					 FS.
New 5-27-97, Formerly 33-40.002, Amended 3-1-11,
					 11-7-18.