§ 3-02 Access to Health Care Services.
RCNY § 3-02
(a)Policy. The Department of Correction and the Health Authority shall be responsible for the design and implementation of written policies and procedures which ensure that all inmates have prompt and adequate access to all health care services. Services must be available, consistent with § 1-01 of the Minimum Standards for New York City Correctional Facilities.
(b)Access to Care.
(1)Every facility must inform all inmates of their right to health care and the procedures for obtaining medical attention, as described in 40 RCNY § 3-04(b)(6).
(2)No inmate may be punished for requesting medical care or for refusing it.
(3)Under no circumstances shall an inmate's access to any health care service, including but not limited to those services described in these standards, be denied or postponed as punishment.
(4)Correctional personnel shall never prohibit, delay, or cause to prohibit or delay an inmate's access to care or appropriate treatment. All decisions regarding need for medical attention shall be made by health care personnel.
(5)Inmates shall not be discriminated against, with regard to treatment, on the basis of their medical diagnoses.
(6)Any correctional personnel who knows or has reason to believe that an inmate may be in need of health services shall promptly notify the medical staff and a uniformed supervisor.
(7)Staffing levels in the jail clinics, jail infirmaries and prison hospital wards shall be adequate in numbers and types to insure that all standards described here are met. Staffing levels refers to both clinical and correctional personnel.
(8)The Health Authority shall develop policies and procedures to insure that inmates have access to second medical opinions regarding clinical recommendations.
(c)Sick-Call.
(i)Correctional personnel shall not prevent or delay or cause to prevent or delay an inmate's access to medical or dental services.
(ii)Correctional personnel will not diagnose any illness or injury, prescribe treatment, administer medication other than that described in 40 RCNY § 3-05(b)(2)(iii), or screen sick-call requests.
(d)Emergency Services.
(9)The Health Authority shall determine the types and quantities of emergency equipment and supplies required to be available within each correctional facility in order to provide adequate emergency services and shall have written protocols regarding emergency care. An inventory shall be submitted to the Board of Correction within 90 days of implementation of the standards and updated annually or more frequently as determined by the Health Authority.
(10)A uniform logbook shall be designed and used by the Department of Correction to document all requests for emergency health care. This logbook shall be maintained in the clinic and shall contain, but not be limited to the following information: (i) name, commitment number/book and case number, housing location of the inmate, and the location of the incident; (ii) the date and time of referral and the referring officer; (iii) the time of inmate arrival in clinic or in the event that medical personnel respond to an area outside of the clinic, the time medical personnel leave the clinic; and (iv) the time the inmate is examined by health care personnel.
(e)Infirmaries.
(f)Outpatient Specialty Clinics.
(g)Medical Isolation.
(h)Special Needs.
(j)Punitive Segregation.
