PREVIOUS
12 CAR § 60-202. Health services
12 CAR § 60-202. Health services.
(a) Purpose. This section establishes the mission, components, adherence to appropriate standards, and review mechanisms for the provision of healthcare services in the Division of Correction.
(b) Applicability.
(1) This section applies to all providers of health care to inmates.
(2) It also applies to administrators and staff making referrals and affected by recommendations of healthcare providers.
(c) Definitions. As used in this section:
(1) "Accessible" has a range of meanings depending on the acuteness and seriousness of the health disorder, but generally means that an inmate will be placed in contact with healthcare staff qualified to evaluate and/or treat the presenting complaint without undue delay or difficulty;
(2) "Health care" refers to the variety of goods, services, personnel, and procedures involved in providing the full range of prevention, evaluation, and treatment of dental, medical, and mental disorders;
(3) "Provider" refers to any healthcare organization, administrator, professional, paraprofessional, or member of support staff, whether employed by the division, under contract to the division, or paid on a fee-for-service basis, providing healthcare services to inmates; and
(4) "Reasonable and necessary" means that any treatable problem that significantly impairs the functioning of the individual, and/or presents a risk of contagion to others, and/or that is likely to worsen or cause unnecessary suffering without treatment, will be evaluated and treated according to the current community and professional standards and practices of health care.
(d) Policy. It shall be the policy of the division to provide healthcare services accessible to all inmates that, at a minimum, meet reasonable and necessary healthcare needs.
(e) Procedures.
(1) Each service shall be administered from within the division in such a way as to ensure:
(A) Proper care of inmates;
(B) Effective working relations with other divisions and staff; and
(C) Program consistency with the mission and methods of the division.
(2) Each administratively separate healthcare service shall establish policy and procedures consistent with applicable standards regulating the professional practices of that service.
(3) Each service shall establish a staffing pattern, whether based on funded positions, contract, or fee-for-service, that ensures an adequate number of staff to make services readily available, and proper credentialing to ensure quality of care.
(4) Each service shall ensure that all inmates entering the division are screened, their health status documented, and that referrals for treatment are made promptly when serious needs exist.
(5)(A) Each service shall establish procedures for inmate access to necessary services that are not provided within the confines of the division.
(B) When transfer to another facility is required, procedure must address any impact on liberty interests and/or stigmatization.
(6) Each service shall have policy and supporting documentation addressing:
(A) Issues of informed consent about procedures;
(B) The principle of least restrictive or intrusive treatment; and
(C) The right to refuse treatment.
(7)(A) Each service shall keep proper records of health needs and service delivery.
(B) Procedures will be written for safeguarding confidentiality and for informed consent for release of information.
(8) Each service shall have a mechanism for handling requests and grievances in such a manner as to ensure prompt attention to needs and rapid resolution of problems.
(9)(A) Each service shall have formal lines of communication with the warden/center supervisor to ensure proper notification concerning health needs, healthcare recommendations, and incidents relating to healthcare services.
(B) This line of communication shall also provide for regular meetings to resolve problems and conflicts.
(10) Medical Services shall have procedures for dealing with special needs inmates, such as the aged, chronically ill, and those having severely limited perceptual or motor abilities.
(11) Mental Health Services shall have procedures for dealing with mentally disordered, developmentally disabled, brain damaged, and suicidal inmates, including provisions for special needs inmates requiring intensive and/or long-term care.
(12) Each service shall establish some mechanism of quality review and/or certification to ensure that the service is adequately providing for the needs of the inmate population.
(13) Each service shall provide for training of staff and inmates in:
(A) Disease prophylaxis;
(B) Recognition of problems;
(C) Response to emergency health problems; and
(D) Healthcare programs.
"Section Number: Page Number:
833 1 of 3
Board Approval Date:
3/30/90
Supersedes: Dated:
809; 824; 842; 9/30/82; 2/24/88
855 10/18/88; 4/18/80
Reference: Effective Date:
4/2/90"
"I. AUTHORITY:
The Board of Correction is vested with the authority to promulgate this Administrative Rule by Act 50 of 1968 as amended."
"VII. REFERENCES:
Standards for Health Services in Prisons, National Commission on Correctional Health Care, 1987.
Certification Standards for Health Care Programs, American Correctional Association, 1989.
Act 507 of 1981, 12-29-405."