Section 33-404.103 - Mental Health Services - Definitions(1) The definitions in this rule are applicable to all rules under Chapter 33-404, F.A.C.(2) "Behavioral Management Progress System" (or "BMPS") - refers to a structured system of performance-based behavioral incentives and consequences used to facilitate adaptive functioning, promote constructive goal-oriented behavior, develop coping skills, and provide opportunities to demonstrate self-care, self-control, appropriate interpersonal interactions, compliance with rules, and cooperation with the treatment regimen. The levels are sequentially organized for the provision of progressive incentives to encourage compliance with the prescribed treatment regimen, involvement in unstructured out of cell activities, proper care of personal property, and participation in psychoeducation groups and therapeutic activities. Placement, advancement, or recession within the levels is based on demonstrated inmate behavior, including: prosocial behavior, compliance with prescribed treatment modalities, aggressive acts, disruptive outburst, or other maladaptive behaviors. Individualized modification to an inmate's assignment to a level in the BMPS is approved by the MDST and documented in the mental health record.(3) "Business Day" refers to any calendar day except Saturday, Sunday, or a paid holiday as defined in Section 110.117, F.S.(4) "Corrections Mental Health Treatment Facility" refers to an inpatient mental health unit that provides ongoing involuntary mental health treatment in accordance with Sections 945.40 - 945.49, F.S.(5) "Crisis Stabilization Care" means a level of care that is less restrictive and intense than care provided in a mental health treatment facility, that includes a broad range of evaluation and treatment services provided within a highly structured setting or locked residential setting, and that is intended for inmates who are experiencing acute emotional distress and who cannot be adequately evaluated and treated in a transitional care unit or infirmary isolation management room. Such treatment is also more intense than treatment provided in a transitional care unit and is devoted principally toward rapid stabilization of acute symptoms and conditions.(6) "Critical Event" - Involvement of an inpatient inmate in one or more of the following events or behaviors: receipt of a disciplinary report, assignment to self-harm observation status after committing an act of self-injury, homicide, attempted homicide, escape, attempted escape, physical or sexual assault or battery, or attempted physical or sexual assault or battery.(7) "Individualized Service Plan" - A written description of an inmate's current problems, goals, and treatments.(8) "Infirmary Mental Health Care" (IMH) is the first and least restrictive level of inpatient mental health care, and consists of brief admission to the institutional infirmary for patients residing in the general prison community.(9) "Inpatient Level of Care" - Mental health care provided at Corrections Mental Health Treatment Facilities, Crisis Stabilization Units, Transitional Care Units, and Infirmary Mental Health Care Units.(10) "Inpatient Units" - Includes the Corrections Mental Health Treatment Facilities (CMHTF), Crisis Stabilization Units (CSU), and Transitional Care Units (TCU).(11) "Isolation Management Room" - A cell in an infirmary mental health care unit, transitional care unit, crisis stabilization unit, or a corrections mental health treatment facility that has been certified as being suitable for housing those with acute psychological impairment or those who are at risk for self-injury.(12) "Mental Health Care" - Mental health screening, assessment, evaluation, treatment, or services that are delivered in inpatient or outpatient settings by mental health staff.(13) "Mentally Ill" means an impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person's ability to meet the ordinary demands of living. However, for the purposes of transferring an inmate to a mental health treatment facility, the term does not include a developmental disability as defined in Section 393.063, F.S., simple intoxication, or conditions manifested only by antisocial behavior or substance abuse addiction. However, an individual who is developmentally disabled may also have a mental illness.(14) "Multidisciplinary Services Team" (MDST) - Staff representing different professions and disciplines, which has the responsibility for ensuring access to necessary assessment, treatment, continuity of care and services to inmates in accordance with their identified mental health needs, and which collaboratively develops, implements, reviews, and revises an individualized service plan, as needed.(15) "Residential Continuum of Care" - Specialized residential mental health units that provide augmented outpatient mental health treatment and habilitation services in a protective environment for inmates with serious psychological impairment associated with a historical inability to successfully adjust to daily living in the incarceration environment.(16) "Structured Out of Cell Treatment and Services" (SOCTS): Weekly scheduled individualized treatment services, psychoeducational groups and therapeutic activities to ameliorate disabling symptoms of a diagnosed mental illness and improve behavioral functioning as identified in the individualized service plans.(17) "Transitional Mental Health Care" means a level of care that is more intensive than outpatient care, but less intensive than crisis stabilization care, and is characterized by the provision of traditional mental health treatments such as group and individual therapy, activity therapy, recreational therapy, and psychotropic medications in the context of a structured residential setting. Transitional mental health care is indicated for a person with chronic or residual symptomatology who does not require crisis stabilization care or acute psychiatric care, but whose impairment in functioning nevertheless renders him or her incapable of adjusting satisfactorily within the general inmate population.(18) "Unstructured Out of Cell Time" - Out of cell activities monitored by security staff without involvement of mental health staff, including, but not limited to, outdoor recreation, dayroom, visitation, telephone calls, and showers.Fla. Admin. Code Ann. R. 33-404.103
Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.42, 945.49 FS.
New 5-27-97, Formerly 33-40.003, Amended 10-19-03, 3-1-11, Amended by Florida Register Volume 44, Number 207, October 23, 2018 effective 11/7/2018, Amended by Florida Register Volume 48, Number 016, January 25, 2022 effective 2/10/2022.New 5-27-97, Formerly 33-40.003, Amended 10-19-03, 3-1-11, 11-7-18, 2-10-22.