Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
secretary to promulgate administrative regulations necessary or suitable for
the proper administration of the functions of the cabinet or any division in
the cabinet. KRS 441.560 requires the department to promulgate administrative
regulations relating to the transfer of prisoners to the department for medical
treatment and care. KRS 441.055 requires the Department of Corrections to
promulgate administrative regulations establishing minimum standards for jails
that house state prisoners. This administrative regulation establishes
procedures to provide proper medical services in restricted custody
centers.
Section 1. Medical Services.
(1) The center's medical services shall be
provided by contracting with a Kentucky licensed health care
provider.
(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.
(3) The health care
staff and mental health professionals shall not be restricted by the jailer in
the performance of their duties except to adhere to the center's security
requirements.
(4) All health care
staff working in the center shall comply with state licensure and certificate
requirements commensurate with similar health care personnel working elsewhere
in the community. Copies of the licenses and certificates for health care staff
employed by the center shall be maintained on file within the center.
(5) A daily medical log shall be maintained
documenting specific medical treatment rendered in the center. This log shall
be kept current to the preceding hour.
(6) Prisoners shall not perform any medical
functions within the center.
(7)
Prisoners shall be informed verbally and in writing at the time of admission
the methods of gaining access to medical care within the center.
(8) All medical procedures shall be performed
according to orders issued by the responsible medical authority.
(9) Medical screening information shall be
transferred to the center from the jail on each prisoner. Jail personnel shall
ensure that the information is current when the prisoner is transferred. 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) Medical, dental, and psychological care
for prisoners shall be provided in accordance with KRS Chapter 441.
(11) Medical research shall not be permitted
on any prisoner in the center.
(12)
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 center.
(13) The jailer or designee 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.
(14) The center shall have first aid kits
available at all times.
(15) If a
urine surveillance program is in effect, there shall be written procedures for
carrying out the program
Section
2. Medical Transfers pursuant to KRS 441.560.
(1) A jailer 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 which 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.