33-404.102. Provision of Mental Health Services

(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. History–New 5-27-97, Formerly 33-40.002, Amended 3-1-11, 11-7-18.