Kentucky Administrative Regulations
Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS
Chapter 16 - Capital Punishment
Section 501 KAR 16:310 - Pre-execution medical actions
Universal Citation: 501 KY Admin Regs Service 16:310
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes medical actions to be performed after receipt of the execution order and prior to the execution.
Section 1. Pre-execution Medical Actions after Receipt of Execution Order.
(1) For the fourteen
(14) days prior to an execution, or for the remaining days if an execution order is
received less than fourteen (14) days prior to an execution:
(a) All medical documentation shall be made in
special notes in the condemned person's medical record.
(b) The department shall arrange for nurse visits
for the condemned person during each shift daily. The contacts and observations from
these nurse visits shall be recorded in the special notes of the medical record
referenced in paragraph (a) of this subsection. The nurse notes shall state the
presence or absence of signs of physical or emotional distress observed.
(c) A licensed psychologist shall:
1. Personally observe and evaluate the condemned
person five (5) days per week on Monday through Friday;
2. Document his observations and evaluations in
the condemned person's medical record immediately after personal contact with the
condemned person;
3. Review the
department medical records for the condemned person for:
a. A diagnosis of an intellectual disability as:
(i) Indicated by the criteria in the Diagnostic
and Statistical Manual (DSM); or
(ii)
Defined by the American Association on Intellectual and Developmental Disabilities
(AAIDD); or
b. An IQ test
score of seventy-five (75) or lower; and
4. If any record is located that meets the
criteria in subparagraph 3 of this paragraph, the psychologist shall notify the
warden.
(d) The designated
medical professional shall review and sign the nursing documentation referenced in
paragraph (b) of this subsection daily.
(e) A psychiatrist shall review the nursing
documentation referenced in paragraph (b) of this subsection and any other mental
health or medical documentation weekly.
(2) For the seven (7) days prior to an execution,
or for the remaining days if an execution order is received less than seven (7) days
prior to an execution:
(a) A doctor or advanced
practice registered nurse shall:
1. Complete a
physical examination; and
2. Place the
documentation of the physical in the condemned person's medical record upon
completion of the documentation.
(b) A psychiatric interview and evaluation to
assess for signs of insanity shall be:
1. Completed
by a licensed psychiatrist or a licensed advanced practice registered nurse (APRN)
certified in a psychiatric mental health population focus;
2. Placed in the condemned person's medical
record; and
3. Sent to the
warden.
(3) The
designated medical professional shall:
(a)
Personally observe and evaluate the condemned person's medical condition at least
twice on nonconsecutive days; and
(b)
Document his observations and evaluations in the special notes of the condemned
person's medical record immediately after personal contact with the condemned
person.
(4) All Kentucky
State Penitentiary medical and mental health staff shall be instructed to
immediately notify the warden and the designated professionals of any change in the
condemned person's medical or psychiatric condition.
Section 2. Pregnancy Testing for Female Condemned Persons.
(1) If the condemned person is female, a
pregnancy test shall be administered.
(2) A pregnancy test shall be administered at
least seven (7) days prior to the scheduled date of execution, unless the execution
order is received less than seven (7) days prior to the scheduled date of
execution.
(3) If the execution order is
received less than seven (7) days prior to the scheduled date of execution, a
pregnancy test shall be administered as soon as practicable.
(4) If a pregnancy test is positive, then the
department shall:
(a) Give notice to the Attorney
General or his designee, the condemned person's counsel, the condemned person, and
the Governor's Office or court issuing the mandate that the condemned person is
pregnant; and
(b) Suspend the execution
pursuant to
KRS
431.240(2).
Section 3. Insanity Issues.
(1) If the warden receives information from
medical or mental health staff that the condemned person exhibits signs or symptoms
indicating that he may be insane as defined in
KRS
431.213(2), the warden shall
inform the designated medical professional.
(2) If the designated medical professional
receives information from the warden or department medical or mental health staff,
he shall determine:
(a) The source of the
information; and
(b) If the information
is not from the department psychiatrist, whether it is sufficient to indicate that
an additional psychiatric evaluation needs to be performed on the condemned
person.
(3) The designated
medical professional shall order a psychiatric evaluation if he determines one is
needed.
(4) If a department psychiatric
evaluation determines that the condemned person may be insane as defined in
KRS
431.213(2), the department shall:
(a) Give notice to the Attorney General or his
designee, the condemned person's counsel, the condemned person, and the Governor's
Office or court issuing the mandate that the condemned person appears to be insane;
and
(b) Suspend the execution pursuant
to
KRS
431.240(2) to allow procedures
consistent with
KRS
431.2135.
Section 4. Serious Intellectual Disability. If the warden is notified by the psychologist described in Section 1(1)(c) of this administrative regulation concerning a diagnosis of an intellectual disability or an IQ test score of seventy-five (75) or less for the condemned person, the:
(1) Warden shall notify the commissioner;
and
(2) Commissioner shall notify in
writing the Attorney General or his designee, the condemned person's counsel, and
the condemned person of the record located. The notice shall state that a court
order is required for the execution to be suspended.
Section 5. Execution Substances. The warden shall:
(1) Notify medical staff and the ambulance service
of the substances that may be used for the execution so that planning can be done in
case of suspension of the execution after the drugs have been administered;
and
(2) Direct medical staff to review
the medications of the condemned person for a potential adverse reaction to the
substances.
STATUTORY AUTHORITY: KRS 196.035, 197.020, 314.011, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
