††††† 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 personís 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.

††††† (c) A licensed psychologist shall:

††††† 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 personís 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 practice registered nurse shall:

††††† 1. Complete a physical examination; and

††††† 2. Place the documentation of the physical in the condemned personís medical record upon completion of the documentation.

††††† (b) A psychiatric interview and evaluation shall be:

††††† 1. Completed;

††††† 2. Placed in the condemned personís medical record; and

††††† 3. Sent to the warden.

††††† (3) The designated medical professional shall:

††††† (a) Personally observe and evaluate the condemned personís medical condition at least twice on nonconsecutive days; and

††††† (b) Document his observations and evaluations in the special notes of the condemned personís 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 personís 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) The department shall give notice to the Attorney General or his designee, the condemned personís counsel, the condemned person, and the Governorís Office or court issuing the mandate that the condemned person is pregnant; and

††††† (b) Suspend the execution pursuant to KRS 431.240(2).

 

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

††††† (a) Give notice to the Attorney General or his designee, the condemned personís counsel, the condemned person, and the Governorís Office or court issuing the mandate that the condemned person appears to be insane; and

††††† (b) Suspend the execution pursuant to KRS 431.240(2) to allow procedures consistent with KRS 431.2135. (36 Ky.R. 1563; Am. 2092-M; 2041-A; eff. 5-7-2010; 39 Ky.R. 606; eff. 2-1-2013.)