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Florida Administrative Code (Last Updated: April 18, 2024) |
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33. Department of Corrections |
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D33. Departmental |
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33-404. Mental Health Services |
1(1) Before treatment is initiated within a corrections mental health treatment facility as defined in Rule 1733-404.103, 18F.A.C., the inmate shall be asked to give express and informed written consent for such treatment in accordance with Section 38945.48, F.S.
40(2) If the inmate is placed in a corrections mental health treatment facility by order of a court and refuses treatment deemed necessary for the appropriate care and safety of the inmate or others, the warden shall petition the circuit court serving the county in which the corrections mental health treatment facility is located for an order authorizing the treatment of the inmate in accordance with Section 107945.48, F.S.
109(3) When the consent of the inmate cannot be obtained, the warden or designee, with the concurrence of the inmate’s attending physician, may authorize emergency surgical or non-psychiatric medical treatment if such treatment is deemed lifesaving or if there is a situation threatening serious bodily harm to the inmate.
158Rulemaking Authority 160944.09, 161945.49 FS. 163Law Implemented 165945.48 FS. 167History–New 4-30-91, Formerly 33-23.026, Amended 3-1-11.
