Chapter 09. Medical Services
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abortion” means spontaneous or induced termination of pregnancy.
(2)
“Commissioner” means Commissioner of the Division of Correction or designee.
(3)
“Director” means Director, Health and Mental Health Services of the Division.
(4)
“Division” means Division of Correction.
(5)
“Involuntary admission” means admission of an inmate to a psychiatric hospital other than voluntarily.
(6)
“Medical parole” means a parole granted to an inmate because of a diagnosed serious medical condition.
(7)
“Parole” means a conditional early release of an inmate from the Division of Correction.
(8)
“Postnatal care” means the necessary intervention affording health care and support to the infant.
(9)
“Postpartum care” means the necessary intervention affording health care and support to a recently delivered mother.
(10)
“Pregnancy” means the gestational process of growth and development within a woman of a new individual from conception through the embryonic and fetal periods to birth.
(11)
“Prenatal care” means the necessary intervention affording health care both to the woman and to the fetus during pregnancy and before birth.
(12)
“Terminal” means ending in death.
Regulation .02 Inmate Pregnancy.LinkCopy Citation
A.
Assessment and Treatment.
(1)
The health services provider shall provide a complete history, physical examination, and definitive laboratory test to determine pregnancy when requested by:
(a)
The inmate;
(b)
Medical staff; or
(c)
The warden.
(2)
Prenatal and postpartum care shall be provided in accordance with acceptable health services standards to include:
(a)
Regular appointments with an accredited obstetrical clinic;
(b)
Medications as necessary; and
(c)
Patient education.
B.
The Commissioner shall ensure that standards are developed to address:
(1)
Prenatal care;
(2)
Postnatal care;
(3)
Postpartum care;
(4)
Abortion;
(5)
Hospital admission;
(6)
Disposition of the child in accordance with Correctional Services Article, §9-601, Annotated Code of Maryland; and
(7)
Executive clemency.
Regulation .03 Involuntary Admission of an Inmate to a Psychiatric Hospital.LinkCopy Citation
A.
The warden shall:
(1)
Ensure that an admission to a mental hospital is limited to a Maryland Department of Health psychiatric hospital; and
(2)
Comply with the requirements for an involuntary admission under Health-General Article, §§10-613—10-617, Annotated Code of Maryland.
B.
A Division institution transferring an inmate shall provide the Maryland Department of Health psychiatric hospital with the following information:
(1)
Current condition of inmate;
(2)
The inmate's medical and psychiatric history;
(3)
Circumstances threatening the life or safety of the inmate or others; and
(4)
Current medication and other treatment being provided to the inmate.
C.
A Division institution that transfers an inmate to a Maryland Department of Health psychiatric hospital shall pick up and return the inmate to the Division institution following notification by the Maryland Department of Health psychiatric hospital that the inmate is ready to be discharged from the hospital.
D.
The Commissioner shall develop directives to standardize operations of a Division mental health unit.
Regulation .04 Medical Parole.LinkCopy Citation
Criteria for medical parole consideration include all of the following:
A.
The inmate is imminently terminal or has a condition which would indicate that continued imprisonment would serve no useful purpose. An example of the latter would be an irreversible coma.
B.
The inmate's release would not unduly jeopardize public safety.
Regulation .05 Contents of Medical Parole Request.LinkCopy Citation
A.
A warden shall ensure that all documents forming the basis for a medical parole request are submitted to the Parole Commission through the Division Director and the Commissioner. Upon approval, the Commissioner shall forward a recommendation for medical parole to the Parole Commissioner for consideration.
B.
To initiate consideration for a medical parole, a warden shall send a summary of an inmate's incarceration record since admission or last parole consideration to the Division Director. The summary shall include the following:
(1)
History of program participation;
(2)
Special housing requirements;
(3)
Statement by the attending physician which includes:
(a)
Diagnosis,
(b)
Prognosis,
(c)
Inpatient or outpatient status, and
(d)
Criteria justification; and
(4)
Statement by the warden which includes:
(a)
A recommendation to either approve or disapprove the medical parole request,
(b)
The reasons for the recommendation, in §B(4)(a), and
(c)
An aftercare treatment plan for the inmate.
C.
The Commissioner may reject a recommendation for medical parole which has been submitted by the Director. The Commissioner's decision to deny a medical parole is final.
Regulation .06 Medical Treatment of Inmates While on Work Release, Leave, or Escape.LinkCopy Citation
A.
The Division is financially responsible for treatment of injury or illness sustained by an inmate while on unescorted family leave, work release, unescorted special leave, or in an escape status.
B.
Emergency medical treatment shall be provided to Division inmates by a community hospital.
C.
Invoices for services provided shall be submitted to the Division health services contractor.
D.
Nonemergency treatment shall be rendered by the Division health services provider.
Chapter annotations
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland
History: Effective date: May 27, 1991 (18:10 Md. R. 1117)