N.Y. Comp. Codes R. & Regs. tit. 9 § 7022.4

Current through Register Vol. 46, No. 19, May 8, 2024

Section 7022.4 - Reporting inmate deaths

(a) Each facility shall report the death of any inmate committed thereto, whether or not such death actually occurs at the facility, to:

(1) the coroner or medical examiner of the county in which the facility is located, within one hour of pronouncement of death;

(2) the commission, within six hours of pronouncement of death, regardless of the time of day or day of week, in a form and manner prescribed by the commission's medical review board as described in the commission's Reportable Incident Guidelines for County Correctional Facilities.

(b) Within three hours after the pronouncement of an inmate's death, the next of kin of the deceased shall be notified. If, due to extenuating circumstances, the next of kin cannot be located within this time period, facility staff shall document in writing all attempts to make such notification and shall complete the notification as soon as possible.

(c) Within three days after the pronouncement of an inmate's death, a copy of the deceased's entire correctional medical and mental health record shall be forwarded to the commission.

(d) Such copy shall be certified as being a true copy of such record by the authority responsible for maintaining the record.

(e) Within 10 days after the pronouncement of an inmate's death, each facility medical director/jail physician shall forward a follow-up report in writing to the commission which shall include, but not be limited to:

(1) a narrative medical history of the deceased covering the period 90 days prior to death;

(2) the deceased's primary medical and/or psychiatric diagnosis and the therapy provided, if any, as a result of such diagnosis; and

(3) a narrative description of the terminal event occurring immediately prior to the pronouncement of death.

(f) In addition, such follow-up report shall include information required by the commission's medical review board as described in the commission's Reportable Incident Guidelines for County Correctional Facilities and any other information specified by the commission.

(g) When additional facts of an important or critical nature are discovered about an inmate's death after the facility has submitted a report to the commission pursuant to this section, such information shall be forwarded in writing to the commission as soon as practicable, but no later than 14 days following discovery.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7022.4

Amended New York State Register January 20, 2016/Volume XXXVIII, Issue 03, eff.1/20/2016