West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-13 - Medical and Health Care Services

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Right to
				Medical Care. All inmates shall have access to necessary medical, dental and
				psychiatric care provided by licensed personnel.
13.2. Responsibility. Medical, dental and
				mental health matters involving clinical judgments shall be the sole province
				of the physician, dentist and psychiatrist or qualified psychologist
				respectively; however, security regulations applicable to facility personnel
				also apply to health personnel. The official responsible for the facility
				provides the administrative support for the accessibility of health services to
				inmates.
13.3. Responsible
				Physician. A physician shall be designated to approve health care policies,
				procedures and agreements which can include use of hospital emergency rooms.
				Each facility shall have agreements for 24 hour medical coverage. All
				physicians and dentists examining or treating inmates shall be licensed to
				practice in the State of West Virginia.
13.4. Medical Autonomy and Facility
				Administration. Medical decisions shall be made only by the physician or
				designee(s). It shall be made clear to the health authorities and physicians
				that security regulations which apply to the non-medical staff also apply to
				them. They will be provided with a list of these regulations and an orientation
				to the facility system.
13.5.
				Decision-making: Special Problem Patients. Before inmates with diagnosed
				psychiatric or significant medical illnesses are given housing assignments,
				work assignments or transfers, consultation between the facility administrator
				and physician or their designees shall take place to decide on any special
				precautions or preparations. Special diets must be provided when ordered by
				health personnel and approved by the physician.
13.6. Notification of Next of Kin. Any inmate
				having any serious illness or injury or who dies while incarcerated shall have
				his next of kin or legal guardian notified by the facility administrator or the
				physician.
13.7. Post-mortem
				Examination. In the event of an inmate death, the state medical examiner shall
				be notified immediately. If the cause of death is unknown, or the death
				occurred under suspicious circumstances, or the inmate was unattended from the
				standpoint of not being under current medical care, a post-mortem examination
				shall be performed.
13.8. Minimum
				Staff Training Requirements. Health trained staff is defined as personnel who
				have certified first-aid and CPR training and also have received information
				regarding the symptoms of physical and mental illnesses common the the inmate
				population (including depression and chemical dependence), basic management of
				seizures, medication administration, health record maintenance, recognition of
				potential suicides, and procedures for patient transfers to appropriate medical
				facilities or health care providers. Each shift shall include at least one
				member who has become health-trained as described above.
13.9. Suicide Prevention. There shall be a
				written suicide prevention and intervention program that is reviewed and
				approved by a qualified medical or mental health professional. All staff with
				responsibility for inmate supervision shall be trained in the implementation of
				the program. Staff shall make every reasonable effort to prevent suicides
				through intake screening, identification and supervision of suicide-prone
				inmates.
13.10. Prohibitions.
				Inmates shall not be used for the following duties:
13.10.a. Performing direct patient care
				services;
13.10.b. Scheduling
				health care appointments;
13.10.c.
				Determining access of other inmates to health care services;
13.10.d. Handling or having access to
				surgical instruments, syringes, needles, medications, health records;
				and
13.10.e. Operating
				equipment.
They shall be able to perform maintenance and janitorial
				  services under supervision of qualified staff.