501 KAR 7:090. Medical services.

      RELATES TO: KRS 72.025, 441.045, 441.055, 441.560

      STATUTORY AUTHORITY: KRS 441.055, 441.560

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures to provide proper medical services in restricted custody centers.

      Section 1. Medical Services. (1) The center's medical services shall be provided by contracting with a Kentucky licensed health care provider.

      (2) The medical staff and mental health professionals shall not be restricted by the jailer in the performance of their duties except to adhere to the center's security requirements.

      (3) All health care staff working in the center shall comply with state licensure and certificate requirements commensurate with health care personnel working elsewhere in the community. Copies of the licenses and certificates for health care staff employed by the center shall be maintained on file within the center.

      (4) A daily medical log shall be maintained documenting specific medical treatment rendered in the center. This log shall be kept current to the preceding hour.

      (5) Residents shall not perform any medical functions within the center.

      (6) Residents shall be informed verbally and in writing at the time of admission the methods of gaining access to medical care within the center.

      (7) All medical procedures shall be performed according to orders issued by the responsible medical authority.

      (8) Medical screening information shall be transferred to the center from the jail on each resident. Staff shall insure that the information is current when the resident is transferred. The medical screening inquiry shall include but not be limited to:

      (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 residents to qualified medical personnel on an emergency basis.

      (9) Medical, dental and psychological care for residents shall be provided in accordance with KRS Chapter 441.

      (10) At least one (1) center staff member per shift shall be trained in first aid procedures including CPR.

      (11) Medical research shall not be permitted on any resident in the center.

      (12) Access to the resident's medical file shall be controlled by the medical authority and the jailer. The physician-patient privilege shall apply to the medical record. The medical record shall be separate from custody and other administrative records of the center.

      (13) In accordance with KRS 72.025, a postmortem examination shall be conducted on all residents who die while in the custody of the jailer.

      (14) All center staff, or contract staff who administer medications to residents shall be trained in the proper procedures as outlined in the Policy and Procedures Manual.

      (15) The center shall have first aid kits available at all times.

      (16) If a urine surveillance program is in effect there shall be written procedures for carrying out the program

      Section 2. Medical Transfers pursuant to KRS 441.560. (1) A jailer may request that a resident be transferred to the department for necessary medical treatment and care if the resident:

      (a) Is injured;

      (b) Is pregnant;

      (c) Becomes sick or ill;

      (d)1. Is severely and persistently mentally ill; and

      2. Is presenting an imminent risk of harm to self or others; or

      (e) Requires specialized medical care or long-term medical care which is not available at the local jail.

      (2) The transfer request shall be submitted to the commissioner in writing and shall contain the following information:

      (a) Resident's name;

      (b) Resident's Social Security number;

      (c) County where currently housed;

      (d) Inmate number;

      (e) Pending charge or conviction and whether felony or misdemeanor;

      (f) Estimated sentence or time to serve;

      (g) Whether the resident has insurance or not;

      (h) Whether the resident is indigent or not;

      (i) Justification for medical transfer;

      (k) Whether the care is necessary or not;

      (l) Any conflict reports; and

      (m) Relevant attachments such as:

      1. Copy of resident's insurance card;

      2. Doctor's report;

      3. Incident report;

      4. Citation;

      5. Booking information;

      6. Preexisting medical records; or

      7. Current medication.

      (3) If a resident is approved for transfer to the department as a catastrophic medical prisoner, the jail shall provide the following, unless already provided with the transfer request:

      (a) All medical information;

      (b) Current medication in proper container;

      (c) Booking information;

      (d) Incident reports;

      (e) Current citation;

      (f) Classification information;

      (g) Conflict reports;

      (h) Any additional pertinent information; and

      (i) Custody receipt.

      (4) If a resident is approved for transfer to the department as a catastrophic medical prisoner, the resident shall be transported by the department. (13 Ky.R. 824; eff. 11-11-86; 31 Ky.R. 1731; 1965; eff. 7-1-2005; 34 Ky.R. 1195; 1972; eff. 3-7-2008.)