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Title 501 | Chapter 007 | Regulation 090


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501 KAR 7:090.Medical services.

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 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.

(3)

The health care 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.

(4)

All health care staff working in the center shall comply with state licensure and certificate requirements commensurate with similar 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.

(5)

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.

(6)

Prisoners shall not perform any medical functions within the center.

(7)

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

(8)

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

(9)

Medical screening information shall be transferred to the center from the jail on each prisoner. Jail personnel shall ensure that the information is current when the prisoner is transferred. 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)

Medical, dental, and psychological care for prisoners shall be provided in accordance with KRS Chapter 441.

(11)

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

(12)

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

(13)

The jailer or designee 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.

(14)

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

(15)

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 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 which 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.

HISTORY: (13 Ky.R. 824; eff. 11-11-1986; 31 Ky.R. 1731; 1965; eff. 7-1-2005; 34 Ky.R. 1195; 1972; eff. 3-7-2008; 37 Ky.R. 2982; 38 Ky.R. 588; eff. 10-7-2011; 48 Ky.R. 954; eff. 3-1-2022.)

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 July 13, 2021 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: July 23, 2021
FILED WITH LRC: August 3, 2021 at 12:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Any person who wishes to be heard at this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If a notice of intent to attend the hearing is not received by that date, the hearing may be cancelled. 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 October 31, 2021. Send written notice 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, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.

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 restricted custody centers.
(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 restricted custody centers.
(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 adds statute citations for authority and enlarges the authorization language. It changes language in compliance with KRS Chap. 13A.
(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 provides clarity to the regulation language.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 44 county and regional restricted custody centers that house reduced custody Class C and D felons and their staff, approximately 50 Department of Corrections employees, including 15 Local Facilities staff, and approximately 1,500 inmates in the restricted custody centers, including 853 reduced custody 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:
No action is anticipated.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost is 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:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is 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:
No increase in fees or funding is anticipated.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No fees are established or increased.
(9) TIERING: Is tiering applied?
No. The standards apply equally to all restricted custody centers.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(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 restricted custody centers.
(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?
No revenue is 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?
No revenue is generated by this administrative regulation.
(c) How much will it cost to administer this program for the first year?
For fiscal year 2021, the department paid the local jails approximately $105.9 million for the housing, transportation, and medical care of state inmates. Full service jails receive the largest portion of this funding. Plus, the department incurred approximately $1,451,110 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:

7-Year Expiration: 3/1/2029

Last Action: 3/8/2022


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