Title 501 | Chapter 003 | Regulation 090REG


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JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)

501 KAR 3:090.Medical services.

Section 1.

Medical Services.

(1)

The jail's medical services shall be provided by contracting with a health care provider licensed in Kentucky.

(2)

The medical authority shall be a licensed practical nurse (LPN), a higher level of licensed nurse, a licensed medical doctor, or licensed doctor of osteopathy. Telehealth services may be used, except for mental health evaluations for involuntary commitments pursuant to KRS Chapter 202A.

(3)

The health care staff shall not be restricted by the jailer or jail administrator in the performance of their duties except to adhere to the jail's security requirements.

(4)

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

(5)

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

(6)

Prisoners shall not perform any medical functions within the jail.

(7)

Prisoners shall be informed verbally and in writing at the time of admission about the methods of gaining access to medical care within the jail.

(8)

All medical procedures shall be performed according to orders issued by the responsible medical authority. All medical procedures that require hospital care shall use the Kentucky Correctional Health Care Services Network, or other contracted health care network.

(9)

Medical screening shall be performed by the receiving jail personnel on all prisoners upon their admission to the jail and before their placement in prisoner living areas. The findings of this medical screening shall be recorded on a printed screening form approved by the medical authority. The medical screening inquiry shall include:

(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 prisoners to qualified medical personnel on an emergency basis.

(10)

Sick call conducted by the medical authority shall be available to each prisoner as provided by this subsection.

(a)

Category I jails shall hold sick call two (2) days per week, at a minimum.

(b)

Category II jails shall hold sick call three (3) days per week, at a minimum.

(c)

Category III jails shall hold sick call four (4) days per week, at a minimum.

(d)

Category IV jails shall hold sick call five (5) days per week, at a minimum.

(e)

Category V jails shall hold sick call six (6) days per week, at a minimum.

(11)

Jailers, jail administrators, or jail personnel shall report suicides or attempted suicides that constitute a serious health situation to the department within twenty-four (24) hours.

(12)

Each jail shall have a written policy and procedure outlining jail personnel response to detainees who are at risk for suicide or have attempted or completed suicide.

(13)

Emergency medical, vision, and dental care shall be available to all prisoners commensurate with the level of care available to the community.

(14)

Medical research shall not be permitted on any prisoner in the jail.

(15)

Access to the prisoner's medical file shall be controlled by the medical authority and the jailer or jail administrator. The medical record shall be separate from custody and other administrative records of the jail.

(16)

The jail shall follow informed consent standards in the community for prisoner care.

(17)

The jailer, jail administratorsadministrator, or jail personnel shall notify the coroner, if a prisoner dies while in the jail's custody, to allow for a postmortem examination pursuant to KRS 72.025.

(18)

The jailer or jail administrator shall have written delousing procedures.

(19)

The jail shall have first aid kits available at all times.

(20)

A prisoner who has been prescribed treatment by a recognized medical authority and cannot receive that treatment in the jail shall be moved to another confinement facility that can provide the treatment or may be moved to a hospital.

(21)

If emergency care is needed, it shall be provided.

(22)

Telehealth services shall be provided for prisoners.

Section 2.

Medical Transfers Pursuant to KRS 441.560.

(1)

A jailer, jail administratorsadministrator, or jail personnel may request that a prisoner be transferred to the department for necessary medical treatment and care if the prisoner:

(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 that is not available at the local jail.

(2)

The transfer request shall be submitted to the Classification Branch in writing and shall contain the following information:

(a)

Prisoner's name;

(b)

Prisoner'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 prisoner has insurance or not;

(h)

Whether the prisoner is indigent or not;

(i)

Justification for medical transfer;

(j)

Whether the care is necessary or not;

(k)

Any conflict reports; and

(l)

Relevant attachments such as:

1.

Copy of prisoner'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 prisoner is approved for transfer to the department, pursuant to KRS 441.560, 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 prisoner is approved for transfer to the department, pursuant to KRS 441.560, the prisoner shall be transported by the department.

Section 3.

Inmate Medications. When a prisoner is transferred from the jail to another facility, or discharged:

(1)

A copy of the most recent Medical Administration Record (MAR) shall be sent with the prisoner; and

(2)

If prescribed medication was purchased for a prisoner, by the jail, then the jail may provide the medication, a prescription, or both to the prisoner.

The Jail Standards Review Commission established pursuant to KRS 441.055(1)(b) has approved the standards in this administrative regulation at its meeting on January 8, 2024, prior to its filing with the Legislative Research Commission in compliance with KRS 13A.120(3), 13A.220(6)(a), and 441.055(2).
COOKIE CREWS, Commissioner
APPROVED BY AGENCY: February 6, 2024
FILED WITH LRC: February 15, 2024 at 8:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 23, 2024, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through April 30, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, Justice.RegsContact@ky.gov, telephone number (502) 564-3279, facsimile number (502) 564-6686.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes minimum standards to provide proper medical services in full-service jails.
(b) The necessity of this administrative regulation:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes minimum medical services requirements for full-service jails.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment enlarges the necessity language, adds telehealth language required by statute, and corrects typographical errors.
(b) The necessity of the amendment to this administrative regulation:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective administration of the statutes:
It updates the minimum medical services requirements for full-service jails as required by KRS 441.055.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 74 county and regional jails and their staff, approximately 50 Department of Corrections employees, including 12 Local Facilities staff, and approximately 19,683 prisoners in the jails, including 5,682 Class C and D felons.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The jail will have to make provision for telehealth access for prisoners if it has not already done so.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Additional cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The regulation is clearer.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in cost is not anticipated.
(b) On a continuing basis:
An increase in cost is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State budgeted funds for the Department of Corrections and county budgeted funds for jail operating expenses.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased.
(9) TIERING: Is tiering applied?
No. The standards apply equally to all full-service jails.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Corrections and full-service county jails that house state inmates.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 197.020, 441.055, 441.560
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
Revenue is not generated by this administrative regulation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
Revenue is not generated by this administrative regulation.
(c) How much will it cost to administer this program for the first year?
For fiscal year 2022, the department paid the local jails approximately $139,275,752.09 for the housing, transportation, medical care and programming incentives of state inmates. Full-service jails receive the largest portion of this funding. In addition, the department incurred approximately $1,669,365.54 in staff salaries and administrative costs. The jails will have some staff and administrative costs, but this program is a source of revenue for them.
(d) How much will it cost to administer this program for subsequent years?
Approximately the same as in (c).
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings are not anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings are not anticipated.
(c) How much will it cost the regulated entities for the first year?
The regulation impacts how the jails operate, but does not increase costs from what is budgeted for the biennium.
(d) How much will it cost the regulated entities for subsequent years?
The regulation impacts how the jails operate, but does not increase costs from what is budgeted for the biennium.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact is not anticipated.

7-Year Expiration: 3/4/2023

Last Updated: 3/14/2024


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