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Medical and Mental Health Care

Conditions of Confinement

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5. MEDICAL AND MENTAL HEATH CARE POLICIES

26. The DPD shall ensure the appropriate identification of and response to prisoner’s medical and/or mental health conditions.

27. The DPD shall develop a comprehensive medical and mental health screening program that shall be approved in writing by qualified medical and mental health professionals. This program shall be submitted for review and approval of the DOJ within three months of the effective date of this
Agreement. The DPD shall implement the program within three months of DOJ’s review and approval. Thereafter, the program shall be reviewed and approved in writing by qualified medical and mental health professionals at least every year and prior to any revisions to the program. At a minimum, the comprehensive medical and mental health screening program shall include prisoner screening procedures and medical protocols.

28. The prisoner screening procedure, at a minimum, shall:
a. enable the DPD to identify individuals with medical or mental health conditions, including infectious diseases, chronic conditions, disabilities, ambulatory impairments, mental health conditions, and drug/alcohol
withdrawal;
b. identify persons who are at risk of committing suicide, persons who have been on heightened observation for suicide risk at any time during a past incarceration and persons who have any medical contraindications for the use of chemical sprays;
c. require that the DPD follow a standard intake procedure for each individual entering DPD custody;
d. require that intake screening be conducted within two hours of intake and through a verbal exchange between the DPD and prisoners; and
e. incorporate all health information pertaining to a prisoner acquired by the arresting or transporting officers.

29. The medical protocols, at a minimum, shall:
a. identify the specific actions the DPD shall take in response to the medical information acquired during prisoner screening or detention, including the need for emergency care, hospitalization, prescription medication and/or intensive monitoring; and
b. require prior supervisory review and written approval, absent exigent circumstances, of all decisions made in response to acquired medical information.

30. The DPD shall develop and implement a policy regarding infectious disease control in consultation with medical health professionals. The policy shall be reviewed and approved in writing by qualified medical health professionals at least every year after implementation and prior to any revisions to the policy. At a minimum, the policy shall:
a. establish appropriate housing for prisoners believed to have infectious diseases; and
b. .mandate measures the DPD shall take to prevent the spread of infectious diseases, including proper handling and disposal of bio-hazardous material.

31. The DPD shall develop and implement a protocol for updating and exchanging prisoner health information. At a minimum, this protocol shall:
a. require that prisoner health information is recorded at intake and is thereafter immediately and readily available to all relevant medical and transporting personnel in a manner consistent with the relevant federal and state confidentiality statutes;
b. require that prisoner health information is continually updated to incorporate any additional relevant information acquired during his/her detention;
c. require that relevant prisoner health information is documented and communicated between consecutive shifts, such as whether a prisoner is taking medication or has a medical condition; and
d. require that prisoner health information travel with prisoners who are transferred to another facility.

32. The DPD shall develop a prescription medication policy in consultation with qualified medical and mental health professionals that ensures prisoners are provided prescription medication as directed. The policy shall be approved in writing by qualified medical and mental health professionals and shall be submitted for review and approval of the DOJ within three months of the effective date of this Agreement. The DPD shall implement the policy within three months of the DOJ’s review and approval. Thereafter, the policy shall be reviewed and approved in writing by qualified medical and mental health professionals at least annually and prior to any revisions to the program. At a minimum, the policy shall:
a. indicate when the DPD shall convey prisoners taking prescription medication to the DRH or other treating hospital for evaluation;
b. require the DPD distribute to prisoners only medications that have been prescribed at the DRH or other treating hospitals;
c. require that the DPD distribute medications as prescribed and not rely on inmates to identify their need for medication;
d. require that all prisoner medications be stored in a secure location near the holding cells and travel with prisoners that are transferred;
e. require the DPD to record relevant information regarding the administration of prescription medication on an auditable form;
f. require that injected medications are administered as prescribed and in a safe and hygienic manner; and
g. require that unused medications prescribed at the DRH or other treating hospitals are provided to prisoners upon their release.

33. The DPD shall provide appropriate clothing, such as paper gowns or suicide smocks, to all prisoners placed under suicide precautions.

34. The DPD shall remove or make inaccessible all suicide hazards in holding cells including exposed pipes, radiators and overhead bars.