Section 33-401.201 - Conditional Medical Release(1) The Department of Corrections shall refer to the Florida Commission on Offender Review for conditional medical release inmates who are permanently and irreversibly physically incapacitated or terminally ill due to injury, disease or illness to the extent that they do not constitute a danger to themselves or others.(2) The chief health officer of an institution housing an inmate whose health has deteriorated to a point where consideration for conditional medical release may be appropriate shall provide a conditional medical release recommendation to the Director of Health Services. Based upon this review, the Director of Health Services shall: (a) Reject the recommendation based upon the fact that the inmate fails to meet the eligibility requirements in subsection (1);(b) Defer a referral pending additional investigation to assess the response to recent treatment or to obtain additional information from specialized health professionals or laboratory consultants; or(c) Agree that the medical situation is such that the inmate should be referred for conditional medical release consideration and forward the recommendation and attachments to the Florida Commission on Offender Review.(3) When requested by the Florida Commission on Offender Review, the Office of Health Services shall provide additional medical evidence or additional medical examinations for inmates being considered for conditional medical release.(4) Conditional medical release is not authorized for inmates under sentence of death.(5) No inmate has a right to conditional medical release or to a medical evaluation for such release.Fla. Admin. Code Ann. R. 33-401.201
Rulemaking Authority 947.149 FS. Law Implemented 947.149 FS.
New 12-11-88, Amended 3-23-93, 1-16-96, Formerly 33-19.008, Amended 2-7-02.New 12-11-88, Amended 3-23-93, 1-16-96, Formerly 33-19.008, Amended 2-7-02.