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.