Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care
Section 761.10 - Compliance Procedures
Current through Register 1531, September 27, 2024
(1) The Food Service Division shall maintain daily records of inmate compliance with a diet. A copy of all compliance records shall be given to the dieticians on a monthly basis.
(2) When an inmate fails to take a diet meal for seven out of 21 meals, the Food Service director may notify the Health Services administrator who shall arrange for the inmate to be seen by a member of the medical staff, within a reasonable time, for consultation and counseling.
(3) Should an inmate continue to refuse to take the diet meal, the Food Service director may notify the Health Services administrator who shall make arrangements for the inmate to be seen by a dietician, within a reasonable time, for consultation and counseling.
(4) If an inmate continues to refuse diet meals which comply with 103 CMR 761.06(1) after the above steps are taken or attempted, the Food Service director shall notify the Health Services administrator, who shall make arrangements for the inmate to sign a Refusal of Treatment Form. In the event that the inmate refuses to sign this form, two Department or Contractual Medical Provider staff members, at least one of whom shall be a medical professional, shall sign the form as witnesses to the inmate's refusal.
(5) An inmate shall resume a therapeutic diet upon request, if still medically required by contacting the Health Services administrator who shall follow the procedures for access to special diets.
(6) Inmates shall not be subject to disciplinary proceedings solely for non-compliance with therapeutic meals. However, inmates on therapeutic diets shall be subject to disciplinary proceedings, similar to all other inmates, for giving away any portion of their meals to other inmates. Any staff member that observes an inmate giving a diet meal to another inmate shall document this incident via an incident report. This incident report shall be forwarded to the institution Food Service director who shall forward the incident report to the medical provider's dietician for the institution.
