West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-02 - Minimum Standards For Construction, Operation And Maintenance Of Correctional Facilities › Section 95-2-14 - Medical and Health Care Services

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Right to
						Medical Care. All inmates shall have prompt access to necessary medical,
						dental, and psychiatric care provided in a reasonable manner by licensed
						personnel. Correctional Facility policies and procedures shall provide for
						unimpeded access to health care and for a system for processing complaints
						regarding health care. These policies and procedures which assure access to
						health care shall be communicated orally and in writing to each inmate upon
						arrival in the facility.
14.2.
						Responsibility. Medical, dental, and mental health matters involving clinical
						judgments are the sole province of the responsible physician, dentist, and
						psychiatrist or qualified psychologist respectively; however, security
						regulations applicable to facility personnel also apply to health personnel.
						The Chief Executive Officer responsible for the facility shall provide the
						administrative support for the accessibility of health services to
						inmates.
14.3. Responsible
						Physician. A responsible physician shall be designated to approve health care
						policies, procedures and agreements which can include use of hospital emergency
						rooms. Each correctional facility shall have agreements for 24 hours on-call
						physician coverage. All physicians and dentists examining or treating inmates
						shall be licensed to practice in the State of West Virginia.
14.4. On-Site Health Authority. There shall
						be designated on-site health authorities who are responsible for arranging and
						making available all health care services. There shall be a health authority on
						site 24 hours per day. The health authority may be a physician, physician's
						assistant, registered or licensed practical nurse, nurse practitioner,
						paramedic, emergency medical technician, or a health-trained staff member. In
						correctional facilities with an inmate population of 600 or more inmates, a
						physician must be available on-site for primary care for a minimum of forty
						hours per week, and proportionately in terms of hours for inmate levels above
						and below this number.
14.5.
						Medical Autonomy and Correctional Facility Administration. Medical decisions
						shall be made only by the responsible physician or his or her designee(s). It
						shall be made clear to the health authorities and physicians that security
						regulations which apply to the nonmedical facility staff also apply to them.
						They shall be provided with a list of these regulations and an orientation to
						the correctional facility system. The non­medical staff shall have no
						role in authorization of medical care.
14.6. Duties and Responsibilities.
						Appropriate state and federal licensure, certification or registration
						requirements and restrictions apply to personnel who provide health care
						services to inmates. The duties and responsibilities of these personnel shall
						be governed by written job descriptions approved by the responsible physician
						and the Chief Executive Officer. Verification of current credentials and job
						descriptions shall be on file in the facility. The provision of quality health
						care shall be insured by using only qualified health care personnel to
						determine and supervise health care procedures. Written job descriptions shall
						include qualifications required and the specific role in the health care
						delivery system in keeping with the individual's professional training.
						Verification of qualifications may consist of copies of current
						credentials.
14.7. Administrative
						Meetings and Reports. There shall be meetings between the responsible physician
						and the facility administrator to discuss correctional facility health care at
						least quarterly. Notes of these meetings shall be kept by the administrator.
						The responsible physician shall submit quarterly reports on the health care
						delivery system and annual statistical reports. The quarterly report shall
						include topics such as the effectiveness of the health care delivery system, a
						description of any health environment factors which need improvement, any
						changes effected since the last reporting period and, if needed, recommended
						corrective action. There shall also be an annual statistical report which shall
						include the number and nature of sick call visits, diagnostic studies
						performed, emergency services rendered, specialty referral visits,
						hospitalizations, special procedures performed, ambulance transfers,
						communicable diseases reported, and deaths. The annual statistical report shall
						be submitted to the administrator and Commissioner of Corrections. The
						responsible physician shall submit an annual appraisal of the correctional
						facility's health care deliver to the administrator and Commissioner of
						Corrections.
14.8. Review. Each
						policy, procedure, and program in the health care delivery program shall be
						reviewed at least annually by the responsible physician and revised if
						necessary. Each document shall bear the date of the most recent review or
						revision and the signature of the reviewer.
14.9. Policies and Procedures. The
						responsible physician shall write or approve pre-written health policies and
						procedures at a minimum for the following aspects of correctional facility
						health care:
14.9.1. Decision-making: special
						problem patients;
14.9.2.
						Notification of next of kin;
14.9.3. Postmortem examination;
14.9.4. Minimal staff training
						requirements;
14.9.5. Emergency
						services;
14.9.6. Suicide
						prevention;
14.9.7.
						Prohibitions;
14.9.8. Receiving
						screening;
14.9.9. Health
						appraisal;
14.9.10. Care for
						persons under the influence of drugs;
14.9.11. Mentally ill;
14.9.12. Psychiatric illness;
14.9.13. Access to treatment, daily health
						complaints;
14.9.14. Sick
						call;
14.9.15. Health
						promotion;
14.9.16. Disease
						prevention;
14.9.17. Dental
						Care;
14.9.18. Special medical
						programs;
14.9.19.
						Prostheses;
14.9.20. Management of
						pharmaceutical;
14.9.21.
						Administration of medications;
14.9.22. Health records;
14.9.23. Transfer of records;
14.9.24. Confidentiality;
14.9.25. Facilities and equipment;
14.9.26. First aid kits;
14.9.27. Informed consent;
14.9.28. Medical research; and,
14.9.29. Serious illness.