501 KAR 16:310. Pre-execution medical actions.

501 KAR 16:310. Pre-execution medical actions.

RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270

STATUTORY AUTHORITY: KRS 196.035, 197.020, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270

NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes medical actions to be performed after receipt of the execution order and prior to the execution.

Section 1. Pre-execution Medical Actions after Receipt of Execution Order. (1) For the fourteen (14) days prior to an execution, or for the remaining days if an execution order is received less than fourteen (14) days prior to an execution:

(a) All medical documentation shall be made in special notes in the condemned person’s medical record.

(b) The department shall arrange for nurse visits and checks on the condemned person during each shift daily. The contacts and observations from these nurse visits and checks shall be recorded in the special notes of the medical record referenced in paragraph (a) of this subsection. The nurse notes shall state the presence or absence of signs of physical or emotional distress observed.

1. Personally observe and evaluate the condemned person five (5) days per week on Monday through Friday; and

2. Document his observations and evaluations in the condemned person’s medical record immediately after personal contact with the condemned person.

(d) The designated medical professional shall review and sign the nursing documentation referenced in paragraph (b) of this subsection daily.

(e) A psychiatrist shall review the nursing documentation referenced in paragraph (b) of this subsection and any other mental health or medical documentation weekly.

(2) For the seven (7) days prior to an execution, or for the remaining days if an execution order is received less than seven (7) days prior to an execution:

(a) A doctor or advanced registered nurse practitioner shall:

1. Complete a physical examination; and

2. Place the documentation of the physical in the condemned person’s medical record upon completion of the documentation.

(b) A psychiatric interview and evaluation shall be:

1. Completed;

2. Placed in the condemned person’s medical record; and

3. Sent to the warden.

(3) The designated medical professional shall:

(a) Personally observe and evaluate the condemned person’s medical condition at least twice on nonconsecutive days; and

(b) Document his observations and evaluations in the special notes of the condemned person’s medical record immediately after personal contact with the condemned person.

(4) All Kentucky State Penitentiary medical and mental health staff shall be instructed to immediately notify the warden and the designated professionals of any change in the condemned person’s medical or psychiatric condition.

Section 2. Pregnancy Testing for Female Condemned Persons. (1) If the condemned person is female, a pregnancy test shall be administered.

(2) If the execution order is received at least fourteen (14) days prior to the scheduled date of execution, a pregnancy test shall be administered:

(a) Fourteen (14) days prior to the scheduled date of execution; and

(b) Seven (7) days prior to the scheduled date of execution.

(3) If the execution order is received less than fourteen (14) days prior to the scheduled date of execution, a pregnancy test shall be administered as soon as practicable. A physician shall determine if a second pregnancy test is feasible given the date the execution order is received and when the initial pregnancy test is taken.

(4) If a pregnancy test is positive, then:

(a) Medical staff shall notify the warden of the positive test;

(b) The warden shall notify the commissioner of the positive test; and

Section 3. Insanity Issues. (1) If the warden receives information from medical or mental health staff that the condemned person may be insane as defined in KRS 431.213(2), the warden shall inform the designated medical professional.

(2) If the designated medical professional receives information from the warden or department medical or mental health staff, he shall determine if the information is:

(a) The opinion of the department psychiatrist; or

(b) If the information is not from the department psychiatrist, whether it is sufficient to indicate that an additional department psychiatric evaluation needs to be performed on the condemned person.

(3) The designated medical professional shall order a department psychiatric evaluation if he determines one is needed.

(4) The designated medical professional shall notify the warden and the commissioner if a department psychiatric evaluation determines that the condemned person may be insane as defined in KRS 431.213(2).

(5) If a department psychiatric evaluation determines that the condemned person may be insane as defined in KRS 431.213(2):

(a) The warden shall immediately notify the commissioner; and

(b) The commissioner shall notify the Governor’s Office or court issuing the mandate. (36 Ky.R. 1563; Am. 2092-M; 2041-A; eff. 5-7-2010.)