Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
72.025,
441.045,
441.047,
441.055,
441.560
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
441.055 requires the Department of Corrections to
promulgate administrative regulations establishing minimum health standards for
jails that house state prisoners. This administrative regulation establishes
procedures for the proper delivery of medical services in full-service jails.
Section 1. Medical Services.
(1) The jail's medical services shall be provided
by contracting with a health care provider licensed in Kentucky.
(2) The medical authority shall be a licensed
practical nurse (LPN), a higher level of licensed nurse, a licensed medical doctor,
or licensed doctor of osteopathy. Telehealth services may be used, except for mental
health evaluations for involuntary commitments pursuant to KRS Chapter
202A.
(3) The health care staff shall
not be restricted by the jailer in the performance of their duties except to adhere
to the jail's security requirements.
(4)
All health care staff working in the jail shall comply with state licensure and
certificate requirements commensurate with similar health care personnel working
elsewhere in the community. Copies of licenses and certificates for health care
staff employed by the jail shall be maintained on file within the jail.
(5) A daily medical log shall be maintained
documenting specific medical treatment rendered in the jail. This log shall be kept
current to the preceding hour.
(6)
Prisoners shall not perform any medical functions within the jail.
(7) Prisoners shall be informed verbally and in
writing at the time of admission the methods of gaining access to medical care
within the jail.
(8) All medical
procedures shall be performed according to orders issued by the responsible medical
authority. All medical procedures that require hospital care shall use the Kentucky
Correctional Health Care Services Network, or other contracted health care
network.
(9) Medical screening shall be
performed by the receiving jail personnel on all prisoners upon their admission to
the jail and before their placement in prisoner living areas. The findings of this
medical screening shall be recorded on a printed screening form approved by the
medical authority. The medical screening inquiry shall include:
(a) Current illnesses and health
problems;
(b) Medications taken and
special health requirements;
(c)
Screening of other health problems designated by the medical authority;
(d) Behavioral observation, state of
consciousness, and mental status;
(e)
Notation of body deformities, markings, bruises, lesions, jaundice, ease of
movement, and other distinguishing characteristics;
(f) Condition of skin and body orifices, including
rashes and infestations; and
(g)
Disposition and referral of prisoners to qualified medical personnel on an emergency
basis.
(10) Sick call
conducted by the medical authority shall be available to each prisoner as provided
by this subsection.
(a) Category I jails shall
hold sick call two (2) days per week, at a minimum.
(b) Category II jails shall hold sick call three
(3) days per week, at a minimum.
(c)
Category III jails shall hold sick call four (4) days per week, at a
minimum.
(d) Category IV jails shall
hold sick call five (5) days per week, at a minimum.
(e) Category V jails shall hold sick call six (6)
days per week, at a minimum.
(11) Jailers, jail administrators, or jail
personnel shall report suicides or attempted suicides that constitute a serious
health situation to the department within twenty-four (24) hours.
(12) Each jail shall have a written policy and
procedure outlining jail personnel response to detainees who are at risk for suicide
or have attempted or completed suicide.
(13) Emergency medical, vision, and dental care
shall be available to all prisoners commensurate with the level of care available to
the community.
(14) Medical research
shall not be permitted on any prisoner in the jail.
(15) Access to the prisoner's medical file shall
be controlled by the medical authority and the jailer. The medical record shall be
separate from custody and other administrative records of the jail.
(16) The jail shall follow informed consent
standards in the community for prisoner care.
(17) The jailer, jail administrator, or jail
personnel shall notify the coroner, if a prisoner dies while in the jail's custody,
to allow for a postmortem examination pursuant to
KRS
72.025.
(18) The jailer or jail administrator shall have
written delousing procedures.
(19) The
jail shall have first aid kits available at all times.
(20) A prisoner who has been prescribed treatment
by a recognized medical authority and cannot receive that treatment in the jail
shall be moved to another confinement facility that can provide the treatment or may
be moved to a hospital.
(21) If
emergency care is needed, it shall be provided.
Section 2. Medical Transfers Pursuant to
KRS
441.560.
(1) A
jailer, jail administrator, or jail personnel may request that a prisoner be
transferred to the department for necessary medical treatment and care if the
prisoner:
(a) Is injured;
(b) Is pregnant;
(c) Becomes sick or ill;
(d)
1. Is
severely and persistently mentally ill; and
2. Is presenting an imminent risk of harm to self
or others; or
(e) Requires
specialized medical care or long-term medical care that is not available at the
local jail.
(2) The transfer
request shall be submitted to the Classification Branch in writing and shall contain
the following information:
(a) Prisoner's
name;
(b) Prisoner's Social Security
number;
(c) County where currently
housed;
(d) Inmate number;
(e) Pending charge or conviction and whether
felony or misdemeanor;
(f) Estimated
sentence or time to serve;
(g) Whether
the prisoner has insurance or not;
(h)
Whether the prisoner is indigent or not;
(i) Justification for medical transfer;
(j) Whether the care is necessary or
not;
(k) Any conflict reports;
and
(l) Relevant attachments such as:
1. Copy of prisoner's insurance card;
2. Doctor's report;
3. Incident report;
4. Citation;
5. Booking information;
6. Preexisting medical records; or
7. Current medication.
(3) If a prisoner is approved
for transfer to the department, pursuant to
KRS
441.560, the jail shall provide the following,
unless already provided with the transfer request:
(a) All medical information;
(b) Current medication in proper
container;
(c) Booking
information;
(d) Incident
reports;
(e) Current citation;
(f) Classification information;
(g) Conflict reports;
(h) Any additional pertinent information;
and
(i) Custody receipt.
(4) If a prisoner is approved for
transfer to the department, pursuant to
KRS
441.560, the prisoner shall be transported by the
department.
Section 3. Inmate
Medications. When a prisoner is transferred from the jail to another facility, or
discharged:
(1) A copy of the most recent Medical
Administration Record (MAR) shall be sent with the prisoner; and
(2) If prescribed medication was purchased for a
prisoner, by the jail, then the jail may provide the medication, a prescription, or
both to the prisoner.
STATUTORY AUTHORITY:
KRS
196.035,
197.020,
441.055,
441.560