Md. Code Regs. 12.14.04.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.14.04.02 - Standards-Inmate Safety

A. The managing official shall have a written policy and procedure:

(1) Ensuring that the facility meets all fire safety regulations as verified by an annual inspection by authorized representatives of the State Fire Marshal;

(2) Requiring facility personnel with documented training in fire safety practices to perform monthly internal inspections to monitor compliance with fire safety and prevention regulations;

(3) Ensuring that all personnel are informed of the disaster plans in §B of this regulation;

(4) Ensuring 24-hour emergency medical services, including provisions for:

(a) Access to health care facilities and qualified health care personnel,

(b) Designation of first-aid kit content and location, approval by qualified health care personnel, and monthly inventories to determine supply, and

(c) An individual with current certification in basic first aid and cardiopulmonary resuscitation in inmate living and activity areas during each shift;

(5) Which shall be communicated to personnel having direct contact with inmates, specifying the method for requesting weekly access to sick call and the provisions for prompt staff referral of special medical problems to appropriate health care professionals;

(6) Which states that medical screening of an inmate be conducted by health trained or qualified health care personnel within 24 hours of the inmate's admission to an initial reception facility;

(7) For the dispensing of prescribed medication, which includes provisions for:

(a) Prescription initiation by authorized individuals,

(b) Designation of the method for the filling of prescription orders, and

(c) Specification of the system of packaging and labelling of prescription medication;

(8) For the administration of prescription and over-the-counter medication, which includes provisions for:

(a) Standing orders or protocol approved by the physician in charge,

(b) Instruction of nonmedical personnel on the proper method of administration of medication by qualified health care personnel,

(c) A record of the administration and refusal of medications, and

(d) Designation of circumstances warranting inmate self-administration;

(9) Governing the availability, control, storage, and management of prescription, stock, and over-the-counter medication, which includes provisions for:

(a) Secure storage outside inmate living and activity areas,

(b) Specification of individuals having access and use,

(c) Recorded disposal of unused and expired medications,

(d) A weekly inventory of controlled substances,

(e) Handling of personal medication of a newly admitted inmate, and

(f) Handling of personal medication and facility-prescribed medication for an inmate transferred or released;

(10) Governing the availability, control, storage, and use of needles, syringes, and instruments, which includes provisions for:

(a) Secure storage outside inmate living and activity areas,

(b) Specification of individuals having access and use,

(c) Quarterly inspection to determine condition,

(d) Weekly inventory to determine accountability,

(e) Disposal of needles and syringes according to established regulations,

(f) Maintenance of a record of the use of needles and syringes, and

(g) A current master listing of medical and dental instruments;

(11) Ensuring that health care personnel who provide services to inmates have current credentials, certifications, or licenses required by the State;

(12) Providing for the routine health examination of inmates according to established guidelines;

(13) Ensuring that inmate medical records are screened by qualified health care personnel before or within 7 days after release to determine if a medical condition exists which would require referral to community medical resources;

(14) Ensuring that the facility meets workplace safety and health standards, and ensuring the remediation of deficiencies identified by inspections conducted periodically by the Maryland Occupational Safety and Health Administration;

(15) Governing the identification, housing, treatment, supervision, and referral of a mentally ill inmate, which includes provisions for:

(a) Access to qualified mental health professionals,

(b) Identification of community resources available to assist,

(c) Specification of the process of evaluation and referral,

(d) Designation of the method for referral to community resources according to established guidelines,

(e) Development of comprehensive plans for treatment and care,

(f) Maintenance of supervision records of specified activities and occurrences, and

(g) Identification of separate and distinct living quarters; and

(16) Governing the notification of next of kin in cases of serious illness, serious injury, or death of an inmate and, in case of the death of an inmate, positive identification is to be made before notification.

B. The managing official shall have written disaster plans for fires, chemical spills, civil defense, natural disasters, power outages, and other such circumstances, which include provisions for:

(1) Documented coordination with appropriate responding agencies and organizations;

(2) Specific description of staff duties and responsibilities;

(3) Full, partial, and medical evacuation addressing:

(a) The handling of injured individuals,

(b) Security considerations,

(c) Instructions for responding emergency personnel and vehicles, and

(d) Movement of affected individuals to safe areas;

(4) The placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable;

(5) Quarterly fire drills during each shift which include inmates, unless their inclusion compromises security;

(6) A written evacuation plan that conforms to federal, State, and local fire safety codes; and

(7) An annual review that includes:

(a) Building interior diagram or floor plan;

(b) Marked exits;

(c) Directional symbols; and

(d) Locations of posted evacuation diagrams.

C. The managing official shall have a written policy prohibiting the use of an inmate for medical, pharmaceutical, or cosmetic experiments. This does not preclude the individual treatment of a consenting inmate based on the need for a specified medical procedure which is not generally available.

D. The managing official shall have a written policy specifying that matters of medical, psychiatric, and dental judgement are the province of qualified health care personnel and are not subject to interference by facility personnel unless necessary to maintain order and security.

E. The managing official shall provide for a written policy and procedure requiring a physical examination of an inmate by qualified health care personnel within 14 days of admission to the initial reception facility.

Md. Code Regs. 12.14.04.02

Regulation .02 amended effective February 27, 1984 (11:4 Md. R. 315); July 29, 1985 (12:15 Md. R. 1521); February 10, 1986 (13:3 Md. R. 272)
Regulation .02A amended effective September 29, 2003 (30:19 Md. R. 1334); amended effective 43:26 Md. R. 1447, eff. 4/1/2017