33-401.105: Refusal of Health Care Services
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide the process for refusal of health care services by inmates and the documentation thereof.
SUMMARY: The proposed rule provides guidelines for processing and recording an inmate’s refusal of health care services.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 944.09, 945.6034 FS.
LAW IMPLEMENTED: 944.09, 766.103, 945.6034 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-401.105 Refusal of Health Care Services.
(1) Definitions.
(a) Provider – a mental or physical health physician, clinical associate, or dentist.
(b) Refusal – an inmate-initiated decision to decline a procedure or treatment that a health care provider has indicated is medically necessary.
(2) It is the responsibility of the provider ordering a particular procedure or treatment to explain to the inmate at the time the initial order is written the:
(a) Diagnosis;
(b) Nature and purpose of the procedure or treatment;
(c) Risks and benefits involved in the proposed treatment or procedures; and
(d) Alternative treatments or procedures.
(3) Documentation of refusal of treatment or procedure.
(a) If an inmate refuses an aspect of health care services other than medication, which is addressed in subsection (4), the inmate shall be required to sign Form DC4-711A, Refusal of Health Care Services. If the inmate refuses to sign the form, the notation “patient refuses to sign” will be entered and witnessed by two staff members. Form DC4-711A is incorporated by reference in subsection (7) of this rule.
(b) If an inmate is being transferred to another facility for medical treatment and indicates prior to departing that he or she will refuse the treatment, the provider at the receiving facility shall be contacted. The provider at the sending facility shall advise the inmate of the risks associated with not receiving recommended treatment. If the inmate still refuses, he or she will be returned to health services to sign Form DC4-711A, Refusal of Health Care Services, and a follow-up visit shall be scheduled to assess if the treatment should be pursued.
(c) A note documenting the date and time of a refusal and stating “refusal signed for (inmate’s name and DC#)” shall be made on the chronological record of health care located in the inmate’s health record.
(d) Prior to inserting Form DC4-711A, Refusal of Health Care Services, into the inmate’s health record, it will be reviewed, initialed, and dated by a provider. This review will be documented on the inmate’s chronological record of health care.
(e) Refusal of dental services will be documented by dental health staff on Form DC4-724, Dental Treatment Record, and Form DC4-711A, Refusal of Health Care Services. Form DC4-724 is incorporated by reference in subsection (7) of this rule.
(f) Refusal of mental health services will be documented on Form DC4-711A, Refusal of Health Care Services.
(g) Completed Forms DC4-711A and DC4-724 shall be placed in the inmate’s health record.
(4) Medication Refusal.
(a) Inmates may verbally refuse a dose of medication upon presenting to the medication window.
(b) An inmate who has refused either three consecutive doses of medication or five doses over the course of a month shall be required to sign Form DC4-711A, Refusal of Health Care Services. If the inmate refuses to sign the form, the notation “patient refuses to sign” will be entered and witnessed by two staff members. The inmate shall be referred to the prescribing provider for review and further clinical disposition.
(c) If an inmate states that he will refuse all further doses of a prescribed medication, Form DC4-711A, Refusal of Health Care Services, shall be completed and must be signed by the inmate. If the inmate refuses to sign the form, the notation “patient refuses to sign” will be entered and witnessed by two staff members. The inmate will no longer be required to report to the medication window for the purpose of taking the refused medication. The inmate shall be referred to the prescribing provider for review and further clinical disposition.
(5) An inmate may not refuse admission to the infirmary, isolation management (medical or mental health), transitional care, or crisis stabilization, as these are institutional housing assignments. The inmate may refuse all medical care while in these housing assignments, but the above-outlined process for refusal of medical treatment shall be followed.
(6) An inmate’s refusal of health care services cancels a specific order, treatment, or procedure. A new order will be necessary to initiate a treatment or procedure that has been refused.
(7) The following forms are hereby incorporated by reference. A copy of these forms is available from the Forms Control Administrator, 2601 Blair Stone Road, Tallahassee, Florida, 32399-2500.
(a) Form DC4-711A, Refusal of Health Care Services, effective,_________.
(b) Form DC4-724, Dental Treatment Record, effective,_________.
Rulemaking Authority 944.09, 945.6034 FS. Law Implemented 944.09, 766.103, 945.6034 FS. History–New________.