Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:090 - Medical services

Current through Register Vol. 51, No. 1, July 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.