§ 95.232. Medical and health services.
The following are the minimum requirements applicable to medical and health services:
(1) Written local policy must specify that all inmates admitted to the prison receive a health care screening performed and recorded by a person with health care training within 24 hours of admission. The health care screening must include a structured inquiry and observation designed to identify newly-committed inmates who pose a health or safety threat to themselves or others. Screening can be performed by health care professionals or by health-trained correctional staff at the time of admission. A record of the result of the examination shall be kept as a part of the permanent prison document.
(2) Written local policy must specify that an inmate determined upon admission not to be in good health be assessed by a health care professional within 24 hours.
(3) Written local policy must specify that following review of the initial commitment screening by a health care professional, a medical history and physical examination be performed by the prison health care provider within 14 days following admission.
(4) Written local policy must specify routine screening procedures utilized for infectious diseases, acute illness and suicide risk.
(5) Written local policy must designate a health care provider responsible for control of the delivery of health care services including mental health services. A health care provider or professional shall have sole province on matters involving medical judgment.
(6) Written local policy must provide that the health care provider report in writing on the health care delivery system to the prison providing information sufficient to demonstrate that adequate health care is being provided to inmates and review findings with prison administrators annually.
(7) Written local policy must provide for an annual documented review of a prison’s health care delivery system by the prison and when necessary, revisions shall be made to each health care procedure and program by the prison.
(8) Written local policy must provide for access to emergency care 24 hours a day for all inmates. A written plan must outline onsite treatment, evacuation, transportation and security procedures and designate emergency facilities to be utilized. All corrections personnel shall be certified in basic first aid and cardiopulmonary resuscitation in accordance with the time frames established by the organization that conducts the training.
(9) Written local policy must provide for the management of pharmaceuticals. The policy must include:
(i) Formulary and prescription practices.
(ii) Medication procurement, receipt, dispensing, distribution, storage and disposal, as supervised by properly licensed personnel in accordance with The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101—780-144).
(iii) Secure storage and inventory of all controlled substances, syringes and needles.
(10) Written local policy must provide for a suicide prevention and intervention program and outline the program review mechanisms utilized and staff training procedures for program implementation. Staff training must occur on an annual basis.
(11) Written local policy must provide that medical and dental instruments, equipment and supplies be controlled and inventoried.
(12) Written local policy must specify the scope of dental treatment to be provided to an inmate. This treatment must include extraction and other work of an emergency nature as needed. Written local policy must specify how an inmate is to obtain the available dental treatment.
Authority The provisions of this § 95.232 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(3) and (4) of the act of December 27, 1965 (P. L. 1237, No. 502) (61 P. S. § 460.3(3) and (4)).
Source The provisions of this § 95.232 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866; amended October 10, 2008, effective October 13, 2009, 38 Pa.B. 5627. Immediately preceding text appears at serial pages (336805) to (336806) and (263839).
Notes of Decisions Cause of Action Stated
If a prisoner alleged that prison authorities were informed of prisoner’s drug habit upon admission and prisoner requested medical treatment, but received no attention for 10 days and inadequate treatment thereafter, during which time prisoner went through a period of painful drug withdrawal, prisoner had stated a Federal claim upon which relief may be granted. United States ex rel Walker v. Fayette County, 599 F.2d 573, (3d Cir. 1979).
Cross References This section cited in 37 Pa. Code § 95.220b (relating to scope).
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