33-404.102: Provision of Mental Health Services
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to clarify when staff shall refer an inmate to mental health staff and to incorporate Form DC4-529A, Mental Health Staff Request/Referral, which is used to refer inmates for mental health services.
SUBJECT AREA TO BE ADDRESSED: Mental health services.
SPECIFIC AUTHORITY: 944.09, 945.49 FS.
LAW IMPLEMENTED: 944.09, 945.49 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Dorothy M. Ridgway, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-404.102 Provision of Mental Health Services.
All inmates entering the department shall be entitled to receive mental health services as established by this chapter and as specified in the policies and procedures developed and implemented under the authority of the Assistant Secretary for Health Services. The Assistant Secretary for Health Services is the final authority for all health care related programs, policies, and procedures. The Assistant Secretary shall authorize policies, procedures, and service protocols deemed necessary and sufficient to establish guidelines for the delivery of mental health services. These service guidelines shall be disseminated to staff through health service bulletins, which shall be reviewed at least yearly, and revised as needed under the authority of the Assistant Secretary for Health Services. Health services bulletins shall be reviewed and revised periodically to ensure that constitutionally adequate mental health services are provided in accordance with applicable community and correctional standards.
(1) through (5) No change.
(6) Inmates who are assigned to administrative confinement, disciplinary confinement, protective management, or close management, and who report or display signs of rapid change in their mental or behavioral functioning, who declare a mental health emergency, who exhibit bizarre behavior, or who exhibit or report thoughts or threats to harm themselves, shall be referred to mental health staff immediately, or to medical staff in the absence of mental health staff.
(7) through (8) No change.
(9) All department staff having contact with inmates shall refer an inmate to mental health staff when the staff member determines that the inmate may need or could benefit from mental health services. Form DC4-529A, Mental Health Staff Request/Referral shall be used for this purpose. Form DC4-529A is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services,
Specific Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.49 FS. History–New 5-27-97, Formerly 33-40.002, Amended________.