Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care
Section 761.07 - Access to Therapeutic Diets and Medical Care

(1) Therapeutic diets shall be available to all inmates upon the written prescription of a physician or dentist employed by the Department or by its Contractual Medical Provider.

(2) Health Services Unit staff promptly shall transmit a Diet Order Form to the Food Services manager/supervisor, providing notification of the inmate's therapeutic dietary needs, the type of diet, the duration and, if applicable, any special dietary or preparation instructions. Health Services Unit staff shall also enter the information into the Inmate Management System (IMS) Medical Orders screen, thus generating an electronic notification to food services staff. The food services manager/supervisor shall view the IMS Notifications screen on a daily basis in order to identify new and changed diet orders. The IMS Medical Issues report may also be utilized to identify inmates with therapeutic diet orders.

(3) The on-site Food Service manager/supervisor shall ensure that the appropriate therapeutic diet is provided to the inmate and that the meal is of comparable palatability to regular meals. The Department's Food Services staff shall weigh or measure meal portions if required by the type of therapeutic diet.

(4) Upon presentation of his or her identification card, an inmate in general population shall be given the appropriate therapeutic diet. The inmate shall sign a diet roster upon receipt of the diet meal.

(5) Therapeutic diet orders shall be reviewed at least every 120 days by a physician or dentist employed by the Department or its contractual medical provider and shall not be altered or discontinued unless by order of these medical providers. Any changes to the order shall be entered in the IMS Medical Orders screen.

(6) Reasonable variances from institutional rules shall be authorized, in accordance with institutional procedures, when necessary to ensure that prisoners on therapeutic diets have access to these diets and to health care for their dietary and/or medical needs. Such variances shall include, but shall not be limited to, accommodations necessary to ensure that inmates with diabetes are permitted sufficient time in which to monitor their blood sugar levels, to receive insulin, and to receive appropriate meals on a timely basis.

(7) Requests for medical attention shall be assessed and processed in accordance with guidelines established by the National Commission on Correctional Health Care and according to American Correctional Association standards and Department guidelines.

(8) Physician orders for consultations with specialized care providers shall be reviewed for authorization by the Program Medical Director of the Contractual Medical Provider within seven days of the order, and, if not denied, arrangements for the consultation shall be made within seven days of the Medical Director's review and the consultation shall occur within a reasonable time.

(9) Prescribed specialized equipment shall be reviewed for authorization by the Medical Director of the Contract Medical Provider within seven days of the medical order. If the order is not denied and further testing is not required, the equipment shall be ordered within seven days of the Medical Director's review. The equipment shall be provided to the inmate within a reasonable time.

(10) Correction officers and other staff shall not interfere with medical orders.