9 NYCRR Part 7651 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7651.1 - Policy

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Adequate health care and health care services shall be provided to all inmates in order to protect their physical and mental well-being. Such care and services shall promote inmate health through the prevention of disease and disability and the detection, treatment and management of disease.

9 NYCRR 7651.2 - Applicability

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The provisions of this Part shall apply to the department and to all correctional facilities operated by the department.

9 NYCRR 7651.3 - Definitions

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Administrative health services authority shall mean a person or organized group of persons responsible for the management of the health care delivery system of a correctional facility or group of facilities, excluding direct patient care.

(b)Ambulatory services clinic shall mean a designated area within a correctional facility, including a room or group of rooms, with facilities, services, equipment and personnel providing nonresidential medical management of outpatients, which is planned, organized, operated and maintained to function as an integrated unit within correctional facilities.

(c)Certified or registered ambulance service shall mean an ambulance service having a valid certificate or statement of registration issued pursuant to article 30 of the Public Health Law.

(d)Clinical health services authority shall mean an organized group of licensed health care professionals responsible for the overall medical management of inmates and for all aspects of direct patient care of inmates within correctional facilities.

(e)Clinical physician shall mean a physician licensed to practice medicine in New York State who is an independent contractor with or employee of the Department of Corrections and Community Supervision.

(f)Drug room or pharmaceutical substock shall mean any place within a correctional facility in which drugs, prescriptions or poisons are stored for delivery after having been compounded, preserved or dispensed in a pharmacy.

(g)Full-time shall mean the personal availability of employees for the discharge of their assigned duties and responsibilities for a period of not less than 37½ hours during each facility work week, excluding holidays and authorized leave periods, 30 hours of which shall consist of their personal presence at their assigned work stations.

(h)Health screening shall mean an interview and visual assessment of an inmate conducted by a facility health care staff member which is reduced to writing and designed to elicit a past history or current evidence of a medical or mental health condition requiring immediate medical or psychiatric evaluation and treatment.

(i)Hemodialysis center shall have the same meaning as set forth in 10 NYCRR Part 757.

(j)HIV illness shall mean a medical, physical or mental health condition diagnosed by methods approved by the national Centers for Disease Control (CDC) indicative of a defect in cell-mediated immunity believed to be caused by infection with the human immunodeficiency virus (HIV).

(k)Hospital shall have the same meaning as set forth in Public Health Law, article 28.

(l)Infant shall mean a child one year of age or less.

(m)Infectious, reportable disease shall mean an infectious disease transmissible to uninfected persons by air and listed as reportable in 10 NYCRR 2.1.

(n)Infirmary shall mean a designated area within a correctional facility, including a multiple occupancy room or group of rooms, with facilities, services, equipment and personnel providing residential nursing care and medical management of inpatients admitted for 24 hours or more and which is planned, organized, operated and maintained to function as an integrated unit within a correctional facility.

(o)Medical hold shall mean the retention of a named inmate at a facility for so long as it is believed that transfer to another facility would be detrimental to the inmate's health or would hinder the effectiveness and efficiency with which necessary health services are provided to such inmate.

(p)Medical isolation shall mean the confinement of an inmate diagnosed or suspected of having an infectious reportable disease to a private room which is negative air-flow ventilated and which is otherwise designed and equipped to assist health care staff in practicing appropriate isolation techniques.

(q)New construction or renovation shall mean any of the following:

(1)a facility constructed after September 1, 1985;

(2)acquisition of a physical plant not previously operated as a health care delivery setting;

(3)construction of a new physical plant; or

(4)renovations, additions and/or alterations to the health care delivery setting within an existing facility which involve major physical and/or structural changes or major fixed equipment changes, other than replacements.

(r)Partial care patient shall mean an inmate who meets either of the following conditions:

(1)requires moderate assistance with personal care and activities of daily living; or

(2)requires some nursing supervision.

(s)Pharmacy shall have the same meaning as set forth in Education Law, section 6802.1.

(t)Physical therapy service shall mean an organized unit which is designed, staffed and equipped to provide evaluation, treatment or prevention of disability, injury, disease or other condition of health using physical, chemical and mechanical means including, but not limited to: heat; air; water; sound; electricity; massage; and mobilization and therapeutic exercise with or without assistive devices, performed in accordance with a physician's order, diagnosis or referral.

(u)Rooming-in shall have the same meaning as set forth in 10 NYCRR 405.21(b)(5).

(v)Self care patient shall mean an inmate who meets all of the following conditions:

(1)is capable of self-care with minimal nursing supervision;

(2)is alert and aware of surroundings; and

(3)can walk unassisted by mechanical or human means.

(w)Skilled nursing service shall mean an organized nursing care unit in which there are employed and on duty throughout each 24-hour period:

(1)a director, assistant director or charge nurse who is a licensed registered professional nurse; and

(2)registered professional nurses, licensed practical nurses and nurses' aides in sufficient number to provide a combined average of direct nursing care of not less than one hour for each self care patient, two hours for each partial care patient and four hours for each total care patient.

(x)Skilled professional health care services shall mean:

(1)a skilled nursing service; and

(2)a physical therapy service.

(y)Total care patient shall mean an inmate who meets any one or more of the following conditions:

(1)is dependent for all or most of all nursing and personal care;

(2)needs continuous nursing supervision because of physical or mental status;

(3)is prevented or severely limited in independent activity because of severe emotional states, conditions resulting from use of medications, physiological changes and/or is restrained physically; or

(4)is bedfast, chair-fast or room-bound; or who can sit in, but not propel, a wheelchair; or who can use a walker if assisted by two persons.

(z)Utilization review plan shall mean a written plan which provides for the analysis, review and evaluation of clinical and health services administrative practices within the department and those affecting services used by the department outside the confines of correctional facilities in order to promote the efficient and effective use of health care services.

(aa)Well-infant nursery shall have the same meaning as set forth in 10 NYCRR 405.21(b)(9).

9 NYCRR 7651.4 - Departmental and facility policies and procedures

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The department shall develop and implement standard operating procedures pursuant to Part 7605 of this Title.

9 NYCRR 7651.5 - Administrative health services authority

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall establish administrative health services authorities. The department shall require that health care delivery in correctional facilities is governed by an administrative health services authority.

(b)Every administrative health services authority shall fall under the management of a health services administrator.

(c)The department shall develop a written job description for the position of health services administrator.

9 NYCRR 7651.6 - Clinical health services authority

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall establish clinical health services authorities. The department shall require that direct health care delivery in correctional facilities is governed by a clinical health services authority.

(b)At a minimum, each clinical health services authority shall consist of: a medical director; director of nursing; and health care staff.

(c)The department shall develop written job descriptions outlining the duties and responsibilities of the medical director, director of nursing and health care staff.

(d)Each medical director shall be a physician currently licensed to practice medicine in the State of New York. Each clinical health services authority with jurisdiction over more than one correctional facility shall be staffed by a full time medical director.

(e)Each medical director shall be responsible for the quality, continuity and availability of all health care provided to inmates within each correctional facility.

(f)Each director of nursing shall be a registered professional nurse in the State of New York.

(g)The department shall provide each clinical health services authority with a health care staff which consists of adequate numbers of New York State licensed clinical physicians, registered professional nurses, licensed practical nurses and/or registered physician's assistants and/or certified nurse practitioners to meet the health care needs of the inmate population under the care of the clinical health services authority. In determining the adequacy of each health care staff, the department shall take into account factors including, but not limited to:

(1)the annual average size of the inmate population under the care of the clinical health services authority;

(2)the level(s) of care to be delivered by the clinical health services authority as defined by the department consistent with the requirements of this Part; and

(3)impediments to or limitations upon inmate access to health services associated with security imperatives and/or physical plant location or configuration.

(h)At a minimum, the following health care staffing requirements shall be met:

(1)each clinical health services authority shall be staffed with one registered professional nurse on a 24-hour basis each day and shall provide for the continuous access, without undue delay, to such nurse by all inmates for whom the clinical health services authority is responsible. Reasonably proximate clinical health services authorities may share nursing staff for purposes of compliance with this paragraph;

(2)if a correctional facility operates an infirmary unit, it shall be staffed with registered professional nurses, licensed practical nurses and/or nurses' aides in sufficient number to furnish each infirmary patient direct nursing care and related services including assessments, treatments, medications, diets and other health services in accordance with each inmate treatment and nursing care plan prepared pursuant to section 7651.11(e) of this Part; and

(3)the services of a clinical physician shall be available on call to each correctional facility every day during the hours in which no physician is present within the facility.

(i)All health care staff members shall at all times be clearly and readily identifiable as to name and professional title.

(j)The department shall maintain records of current New York State licensure or registration of all physicians, nurses and health care staff in its employ.

9 NYCRR 7651.7 - Medical treatment areas generally

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)All buildings housing medical treatment areas within each correctional facility shall provide space for diagnosis and treatment adequate to meet the needs of the facility population.

(b)In newly constructed or renovated facilities, each medical treatment area shall contain a nurses' station which shall be an enclosed area and be proximate to the infirmary and observation rooms.

(c)Consistent with the requirements of 10 NYCRR Subparts 70-1 and 70-2, solid waste originating in medical treatment areas, including but not limited to: garbage, rubbish and other refuse; biological waste; and infectious materials shall be disposed of in such a manner that will prevent the transmission of disease and not create a nuisance, fire hazard or breeding place for insects or rodents.

(d)The department shall develop, implement and enforce a comprehensive medical housekeeping and infection control policy and procedure specifically tailored to each medical treatment area.

(e)The department shall ensure that all details, finishes and furnishings in medical treatment areas are able to be easily cleaned and in a condition which facilitates infection control.

9 NYCRR 7651.8 - Independent health care services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The department shall require that all independent providers of health care treatment and services to inmates comply with the pertinent requirements of this Part.

9 NYCRR 7651.9 - Reception health assessment

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)The department shall develop and implement a reception health assessment process for each inmate which includes, but is not limited to:

(1)a health screening which shall be performed as soon as possible after each inmate's reception into the custody of the department, but in no event later than 24 hours after reception;

(2)a complete written medical history which shall be obtained from each inmate within 14 days following reception into the custody of the department and which shall include a chemical dependency assessment and assessment of risk behaviors for HIV infection; and

(3)a complete physical examination which shall be offered to each inmate within 14 days of reception into the custody of the department, at no greater than five year intervals thereafter, and prior to release from custody.

(b)Each inmate's physical examination shall be conducted by a clinical physician, dentist as appropriate, registered physician's assistant, certified nurse practitioner or trained nurse clinical specialist and shall include, but is not limited to:

(1)an examination of major body systems;

(2)a chest radiograph;

(3)a urinalysis;

(4)a venereal disease reaction level test;

(5)a purified protein derivative test;

(6)a blood chemistry analysis;

(7)an electrocardiogram if the inmate is over the age of 40 years or has a history of heart disease;

(8)a complete blood count with white blood cell count and differential study;

(9)a dental examination;

(10)a PAP smear for women; and

(11)a breast examination for women.

(c)All inmates who, as determined by the facility medical director, are exhibiting significant abnormal health assessment findings with clinical correlation shall be evaluated for differential diagnosis in a timely fashion at the reception center, or at a facility expressly designated for the evaluation of inmates under extended classification procedures.

(d)Inmates undergoing the evaluation noted in subdivision (c) of this section may be placed on a medical hold status at the discretion of the facility medical director.

(e)The medical history document and/or medical problem list of each inmate transferred between correctional facilities shall be reviewed within 24 hours of the inmate's arrival at the receiving correctional facility.

(f)All findings made pursuant to subdivision (a) of this section shall be recorded in writing and included in each inmate's permanent medical record. Such findings shall be legibly signed and dated by a clinical physician, certified nurse practitioner or physician's assistant, together with identification of professional title.

(g)The department shall require that all inmates are oriented to the health care services available at each facility and to the correct procedures for using such services.

9 NYCRR 7651.10 - Ambulatory health care services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall require each correctional facility to provide access to ambulatory health care services.

(b)Each maximum and medium security correctional facility shall maintain an ambulatory services clinic.

(c)Each correctional facility shall provide ambulatory services access adequate to meet the needs of the inmate population. Except in emergencies, no inmate shall be denied access to such services during their hours of operation.

(d)Treatment plans shall be formulated and implemented for all inmates in need of continuing medical treatment on an ambulatory service basis. Such treatment plans shall provide for regular, periodic medical reevaluation of such inmates.

(e)The department shall require that each facility's ambulatory services clinic provide sufficient numbers of separate rooms which shall include, but are not limited to:

(1)a storage area for medical records and medical supplies;

(2)an emergency service room;

(3)a private examination and treatment room; and

(4)an adequate waiting space.

(f)Ambulatory services clinics shall be located so that ambulatory service patients do not enter infirmary areas.

(g)Each ambulatory services clinic shall have at least two fully equipped lavatories available, one for staff use, and one for inmate use.

(h)Where an inmate is punitively segregated in a cell or room apart from the general population of the facility for a period in excess of 24 hours, such inmate shall be visited by a member of the health care staff in accordance with paragraph (c) of subdivision (6) of section 137 of the Correction Law.

9 NYCRR 7651.11 - Infirmary services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall ensure that all inmates have access to infirmary services.

(b)Except in emergencies, inmates shall be admitted to a facility infirmary only upon the order of a clinical physician. If an inmate is admitted to a facility infirmary from a hospital, the clinical physician shall request a written comprehensive treatment summary and plan for continuing care from such hospital.

(c)Any inmate admitted to a facility infirmary who the facility medical director determines may have an infectious reportable disease shall be placed in medical isolation.

(d)Within 24 hours of admission to a facility infirmary, each inmate shall receive a physical examination.

(e)Within 48 hours of admission to a facility infirmary, a written treatment plan and a written nursing care plan shall be formulated for each inmate. Such written plans shall identify and address the specific medical and direct nursing care needs of each inmate, shall be updated at specified intervals and shall be made a part of each inmate's medical record.

(f)Each inmate in a facility infirmary shall be visited and evaluated by a physician at intervals prescribed by the medical director and specified in each written treatment plan.

(g)After each evaluation, the physician shall make a written progress note in the inmate's medical record. Each note shall be legibly signed and dated by the physician making such evaluation, together with identification of professional title.

(h)At least once every hour on a 24-hour basis each day, a nurse shall visit and observe each inmate in the infirmary. Each such visit shall be recorded in ink in a nursing observation log maintained for that purpose which may be separate from the clinical record.

(i)A summary of relevant activities, problems, orders and precautions shall be recorded in each infirmary patient's record at the termination of each shift.

(j)No inmate shall be discharged from the infirmary unless by order of a clinical physician.

(k)The discharge of an inmate from a facility infirmary for the purpose of effecting a transfer to another correctional facility shall be made only after the medical director of the sending facility has documented in writing the medical appropriateness of such transfer and only after direct consultation between the medical directors of the sending and receiving facilities has taken place. Such determination shall be made a part of the inmate's permanent medical record.

(l)Each correctional facility which operates an infirmary shall have an infirmary discharge planning program in effect for the continuing medical follow-up care of inmates which is adequate for their post-discharge needs.

(m)Infirmaries in newly constructed or renovated facilities shall provide a minimum of 80 square feet of floor space per inmate in the sleeping area.

(n)Each infirmary shall have available areas for the separation of all isolation patients. Such areas shall have facilities for medical and nursing isolation techniques as required by this Part.

(o)Each facility infirmary shall have a linen inventory sufficient to meet the needs of the infirmary, with provisions for handling, storage and processing laundry in a manner to prevent the spread of infection and to ensure the maintenance of clean linen.

(p)Each facility infirmary shall provide adequate toilet and bathing facilities appropriate in number, size and design to meet the needs of infirmary residents. At a minimum, at least one centralized toilet shall be provided for each eight infirmary inmates, and at least one bathing facility for each 20 infirmary patients, one of which shall be equipped for handicapped inmates.

(q)Each facility infirmary shall provide at least one room which shall be equipped and located to permit close, short-term observation of inmates.

(r)Infirmaries in newly constructed or renovated facilities shall provide separate clean and soiled utility rooms.

9 NYCRR 7651.12 - Medical emergency services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each correctional facility shall provide access to emergency services which permit the medical evaluation, treatment and disposition of medical emergency cases on a 24-hour basis each day.

(b)Each correctional facility shall designate a primary and, if practicable, a secondary certified or registered ambulance service. Such designations shall be documented in writing and approved by the department.

(c)Each correctional facility shall designate a primary and, if practicable, a secondary nearby hospital emergency room to provide emergency medical services on a 24-hour basis each day. Such designations shall be documented in writing and approved by the department.

(d)Each correctional facility shall develop security procedures providing for the immediate medical transfer of inmates.

(e)Inmates requiring hospital emergency room service shall be personally presented at such emergency room for treatment. Every refusal of hospital emergency room service to inmates so presented which, in the opinion of the facility medical director, constitutes a violation of 10 NYCRR 405.19(e) shall be reported in complaint form to the New York State Department of Health, Bureau of Hospital Services by such medical director.

(f)Every refusal by a New York State Health Department certified or registered ambulance service to respond to a medical emergency at a correctional facility shall be reported in complaint form by the medical director of such facility to the New York State Department of Health, Bureau of Emergency Medical Services.

(g)Each correctional facility shall provide first aid kits adequate in number, distribution and contents to meet the needs of security and health care staff as determined by the facility medical director.

9 NYCRR 7651.13 - Hospital services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, the department shall provide access for all inmates to the services of a hospital.

(b)The department shall designate in writing hospitals for acute care and outpatient hospital services adequate to meet the needs of the inmate population.

(c)The department shall determine acute care hospital services needs, including future needs. In making such determination, the department shall take into account the utilization review activities as they relate to hospital services.

9 NYCRR 7651.14 - Quality assurance program

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The department shall establish and maintain a formal, coordinated program which periodically evaluates the health care delivery activities of each facility within the context of the overall departmental health care delivery system for the purpose of enhancing the quality of inmate-patient care and identifying and preventing medical and dental malpractice. Such activities shall involve all aspects of inmate medical care at correctional facilities.

9 NYCRR 7651.15 - Skilled professional health care services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall provide every total care patient access to skilled professional health care services.

(b)Consistent with the requirements of this Part, the department shall also provide access to skilled professional health care services for all other inmates the facility medical director determines require such services.

(c)A registered physical therapist shall be in charge of each physical therapy service.

(d)There shall be a full time medical director responsible for the provision of skilled health care services who shall be a physician licensed to practice medicine in New York State.

(e)The department shall provide or provide access to sufficient diagnostic, therapeutic and rehabilitative equipment for skilled health care services and shall ensure that it is maintained in good order and repair.

9 NYCRR 7651.16 - Special diagnostic and therapeutic services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall provide access to special diagnostic and therapeutic services provided by qualified medical specialists to all inmates as ordered by the facility medical director.

(b)The department shall require that:

(1)emergency surgery is performed immediately;

(2)diagnostic surgery is performed in a timely manner; and

(3)elective surgery approved by the medical director to correct conditions determined by the medical director to be progressively deteriorating is performed within a time span recommended by the medical director in each case, but in no event more than 120 days after completion of such pre-surgical approval in each case.

(c)At the discretion of the facility medical director, each inmate who has completed a pre-surgical evaluation, or who is scheduled for surgery, shall be placed on a medical hold status.

(d)The department shall provide access to hemodialysis treatment for all inmates the facility medical director determines require such treatment. Except during emergencies, inmates shall be provided hemodialysis treatment only in hemodialysis centers which meet operating standards set forth by the New York State Department of Health.

(e)The department shall provide all inmates access to optometric services, including provision of properly fabricated and fitted prescription eyeglasses for each inmate the facility medical director determines is in need of such eyeglasses.

(f)The department shall provide access to medical prosthetic services, devices and equipment to all inmates who the facility medical director determines need such services, devices and equipment.

(g)Scheduled trips by inmates outside the confines of correctional facilities for purposes of health care treatment shall not be cancelled except as directed or approved by the facility superintendent and only after consultation with the facility medical director. A written explanation of the circumstances surrounding all such cancellations shall be recorded in ink in the inmate's medical record.

9 NYCRR 7651.17 - Prenatal and infant care services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall provide comprehensive prenatal care delivered by qualified specialists for all pregnant inmates which shall include, but is not limited to, regular medical examinations, advice on appropriate levels of activity and safety precautions, nutritional guidance, and HIV education.

(b)The department shall provide facilities and services for the rooming-in housing and care of infants which are adequate to meet the needs of the inmate population.

(c)The department shall require every correctional facility where infants are housed to maintain a well-infant nursery with equipment and furnishings which shall include, but is not limited to:

(1)a separate formula room which shall be used for no purpose other than preparation of infant feedings;

(2)a bassinet or crib approved by the medical director for each infant;

(3)a refrigerator used for no purpose other than the storage of infant feedings;

(4)effective screening for all exterior doors and windows used for ventilation;

(5)a foot-controlled, covered receptacle for the disposal of wet or soiled diapers, and sanitary equipment for the sanitary disposal of linen other than wet or soiled diapers;

(6)sufficient quantities of fresh, clean covers for scale pans and changing tables such that each infant is weighed, diaper-changed, examined or treated on a freshly covered scale or changing table;

(7)a sink with hot and cold running water, soap, and disposable towel dispenser; and

(8)a linen inventory sufficient to meet the needs of the nursery.

(d)The department shall prohibit common bathing of infants.

(e)The department shall arrange for the regular and on-call services of a physician who is a board-eligible pediatrician or family physician to be provided to each infant housed in a correctional facility.

(f)The department shall require every correctional facility which operates a nursery to establish programs of prescription and provision of therapeutic nutrition as ordered by the medical director in consultation with the pediatrician for all infants in need of such programs.

(g)Each infant admitted to a facility nursery shall have a complete physical examination within 30 days of admission which shall be conducted by a board-eligible pediatrician or family practitioner.

(h)A permanent individual written medical record and, if appropriate, dental record shall be maintained for each infant housed in a correctional facility. Such record(s) shall be maintained in a manner consistent with the requirements of section 7651.19 of this Part.

(i)Consistent with the requirements of this Part, the department shall develop and require implementation of a written housekeeping procedure for all facility nurseries.

(j)Any infant known to be exposed to or diagnosed with diarrheal disease or a communicable condition causing intractable emesis, shall be housed in a room physically separate from the well-infant nursery and shall be observed pending differential diagnosis.

(k)Nothing in this section shall be interpreted to limit the authority and responsibility of the department to take lawful action to safeguard the welfare of any infant in its care and custody.

9 NYCRR 7651.18 - Special provisions applicable to the management of illness associated with the human immunodeficiency virus (HIV)

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall develop and implement uniform policies, procedures and protocols for the early detection and diagnosis of HIV illness.

(b)Policies, procedures and protocols developed and implemented pursuant to subdivision (a) of this section shall ensure compliance with all applicable laws, rules and regulations.

(c)Such procedures shall include, but are not limited to, uniform written policies, procedures and protocols which govern and standardize the availability and administration of HIV antibody tests to inmates consistent with Public Health Law, article 27-F, its implementing regulations and any other applicable laws.

(d)The department shall provide all inmates known to have HIV illness access, at the discretion of the medical director, to outpatient consultation and therapeutic services sufficient to meet their needs in a timely fashion which shall include, but is not limited to, the services of specialists qualified to treat infectious diseases.

(e)The department shall provide all inmates acutely ill with HIV illness access to inpatient hospital services sufficiently staffed and equipped to provide effective therapy for HIV illness and its complications on a 24-hour basis which includes, but is not limited to:

(1)a 24-hour physician staff;

(2)an intensive care unit;

(3)daily 24-hour respiratory therapy and ventilatory support; and

(4)daily 24-hour laboratory and pharmacy services sufficient to meet the needs of HIV patients.

(f)The department shall maintain the capability to provide all drugs, equipment and other resources necessary and sufficient to carry through plans for the treatment and management of HIV illness formulated for each inmate by medical specialists to whom inmates are referred for such treatment.

(g)Consistent with the requirements of this Part, the department shall define, establish and implement alternate levels of care for the medical management of inmates diagnosed with HIV illness. Such alternate levels of care shall be defined only according to inmate-patient need.

(h)The department shall require that a written, comprehensive care plan, reviewed periodically, is developed for each inmate with HIV illness who is medically managed at a department-operated congregate or alternate advanced care facility or unit established pursuant to subdivision (g) of this section. The care plan shall be developed by an interdisciplinary team which includes, as appropriate, a physician, a registered professional nurse and a member of the mental health staff, assigned to the facility in accordance with Correction Law, section 401.

(i)Consistent with the requirements of this Part, the department shall inquire into, develop and implement programs to meet the special nutritional needs of inmate HIV patients.

9 NYCRR 7651.19 - Medical records

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)A permanent individual medical record shall be recorded and maintained for every inmate.

(b)All health care services provided to inmates by facility health care staff or by independent health care providers shall be permanently recorded in the medical record.

(c)Medical records shall contain sufficient information to justify the diagnosis and warrant the treatment and results.

(d)Each inmate's medical history shall be kept current.

(e)Each active inmate medical record shall contain a written, regularly updated list of diagnosed medical problems located at the beginning of the record.

(f)The department shall maintain a professional review system which ensures that a representative sample of inmate medical records in every facility is periodically reviewed for completeness and for quality of medical care based upon evidence in the medical record.

(g)The department shall provide each clinical health services authority with a trained medical records clerk responsible for inmate medical records.

(h)Each clinical health services authority shall maintain a system of storage and identification to ensure the prompt location and retrieval of every inmate medical record.

(i)Consistent with Public Health Law, article 27-F the medical record of every inmate transferred between correctional facilities shall be routinely forwarded with the inmate at the time of transfer to the receiving facility. If, due to an emergency situation, it is not possible to forward the medical record at the time of an inmate's transfer, such record shall be forwarded to the receiving facility within 24 hours of the time of transfer. When an inmate is transferred to a local correctional facility, the transfer of medical records shall be consistent with the requirements of section 601 of the Correction Law.

(j)All inmate medical records shall be safely and securely retained as required by law.

(k)All inmate medical records shall be confidential and access to them restricted as required by law.

9 NYCRR 7651.20 - Medical isolation

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, each correctional facility which operates an infirmary shall develop and implement procedures for medical isolation.

(b)There shall be at least one isolation room in each correctional facility which operates a facility infirmary.

(c)Additional isolation rooms shall be provided at a ratio of one isolation room for every 30 infirmary beds.

9 NYCRR 7651.21 - Radiology services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each correctional facility shall have access to radiology services adequate to make satisfactory radiographs as ordered by the medical director and sufficient to meet the needs of its population.

(b)All radiographs other than dental radiographs shall be interpreted by a board-eligible radiologist. Interpretations shall be recorded in writing, signed and dated by the radiologist.

(c)Only licensed X-ray technicians shall operate facility radiology equipment except that dentists and dental hygienists under the supervision of a dentist may operate facility dental radiology equipment.

(d)All radiology equipment operated by a correctional facility shall be licensed and registered by State or local authorities.

(e)A radiation physicist other than an employee of the department shall inspect each correctional facility's radiology equipment on an annual basis to ensure that it is free of hazards for inmates and staff members. Such inspections shall be recorded in writing and forwarded to the department.

(f)The department shall establish a radiation protection program for each correctional facility which operates radiology services.

(g)Facility radiology services shall be used solely for medical diagnostic purposes and only when ordered by a clinical physician.

(h)The department shall maintain a system of storage, identification and retrieval to ensure the prompt location of every inmate radiograph.

9 NYCRR 7651.22 - Laboratory services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each correctional facility shall have access to licensed clinical laboratory services which meet clinical laboratory operating standards set forth by the New York State Department of Health sufficient to meet the needs of its population as ordered by the facility medical director.

(b)Clinical laboratory services provided within a correctional facility shall be provided only by registered clinical laboratory technologists or clinical physicians.

9 NYCRR 7651.23 - Pharmacy services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall require that in every correctional facility which operates a pharmacy, such pharmacy is under the direct supervision of a licensed pharmacist.

(b)In each facility that maintains a drug room or a pharmaceutical substock, such room or substock shall be under the supervision of a licensed pharmacist.

(c)Each facility pharmacy shall maintain a perpetual record of stock on hand and of the dispensing of all legend drugs.

(d)Each facility pharmacy shall maintain written medication profiles on all inmates who receive prescription medication.

(e)The department shall provide each correctional facility with a standardized formulary or list of drugs accepted for use in correctional facilities.

(f)All controlled substances shall be delivered or administered only by a member of the health care staff.

(g)Injectable medications shall be administered to inmates by a member of the health care staff. If the facility medical director approves individual inmates to self-administer certain injectable subcutaneous medications, such self-administration shall be performed under the direct visual supervision of a registered professional nurse.

(h)All such approvals for individual inmates to self-administer certain subcutaneous medications shall be documented in writing by the facility medical director and recorded in the inmate's medical record.

(i)All stocks of legend drugs, syringes, and needles shall be stored in a manner which prevents unauthorized access.

(j)Consistent with the requirements of this Part, the department shall develop and enforce procedures to ensure that there are adequate safeguards and appropriate accountability for the delivery of medication to individual inmates by correction officers.

(k)The department shall establish and implement written standard operating procedures regarding:

(1)telephone medication orders;

(2)verbal medication orders;

(3)standing orders for medication;

(4)medication renewals;

(5)automatic stop dates for prescribed medication; and

(6)possession of prescription medication by inmates.

(l)The department shall establish written policies and procedures to make provision for coordination and continuity of prescriptions between mental health care providers and other health care providers.

9 NYCRR 7651.24 - Dental services

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Every inmate shall be provided access to preventative, curative, restorative and prosthetic dental care adequate to maintain good dental and general health.

(b)The department shall provide each inmate with a thorough dental assessment within 14 days of reception into departmental custody.

(c)The department shall establish dental services units accessible to all inmates, each under the direction of a dentist licensed to practice in New York State.

(d)Each dental services unit shall have a dental services staff consisting of a dental director and sufficient numbers of licensed dentists, certified dental hygienists and dental assistants to meet the routine dental care needs of the inmate population in a timely manner as determined by the facility dental director.

(e)Each dental services unit shall be provided with modern equipment in good repair adequate to meet the needs of the dental services staff as determined by the facility dental director.

(f)Consistent with the requirements of this Part, each dental services unit shall be equipped to make satisfactory radiographs of the mouth as ordered by the dental director and sufficient to meet the needs of the facility population.

(g)All inmates shall have access to special diagnostic and therapeutic dental services provided by qualified medical and dental specialists as ordered by the facility dental director in consultation with the medical director.

(h)Each facility shall provide access to emergency services which permit the timely evaluation, treatment and disposition of emergency dental cases.

(i)Except in emergencies, dental appointments for inmates shall be classified and scheduled according to inmate need.

(j)A permanent individual written dental record shall be maintained for every inmate and for infants as appropriate. Such record shall be maintained in a manner consistent with the requirements of section 7651.19 of this Part.

9 NYCRR 7651.25 - Medical diets

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The department shall require every correctional facility to establish programs of prescription and provision of therapeutic nutrition as ordered by the facility medical director for all inmates in need of such programs.

9 NYCRR 7651.26 - Inmates' rights as patients

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, the department shall afford inmate patients the right to:

(1)considerate and respectful care;

(2)obtain, upon request, the name of the physician responsible for coordinating his/her care;

(3)the name and function of any person providing health care services to him/herself;

(4)obtain from the facility medical director or his/her designee current information concerning his/her diagnosis, treatment and prognosis in terms the inmate can reasonably be expected to understand. When it is not medically advisable to give such information to the inmate, the information shall be made available to an appropriate person on his/her behalf;

(5)receive from his/her physician information necessary to give informed consent prior to the start of any procedure or treatment involving either a nonemergency treatment procedure or surgery or a diagnostic procedure which involves invasion or disruption of the physical integrity of the body. Such informed consent shall include, at a minimum: the specific procedure or treatment; the reasonably foreseeable risks involved; and alternatives to care and treatment, if any;

(6)refuse treatment to the extent permitted by law and be informed of the medical consequences of this action;

(7)privacy to the extent consistent with providing adequate medical care to the inmate and with the safety and good order of the facility; and

(8)privacy and confidentiality of all records pertaining to the inmate's treatment, except as otherwise provided by law and consistent with the safety and good order of the facility.

(b)No punitive action shall be taken against any inmate based exclusively upon his/her requests for health care services, or exclusively upon assertion of the rights set forth in subdivision (a) of this section.

9 NYCRR 7651.27 - Experimentation and research

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall prohibit participation by inmates in medical, pharmaceutical or cosmetic experiments.

(b)Nothing in this section shall prohibit the provision of investigational medical therapies to inmates in need of such medical therapies or their consensual participation in therapeutic research programs consistent with the requirements of this Part and those of the Public Health Law, article 24-A.

9 NYCRR 7651.28 - Inmate health care workers

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall require that every inmate health care worker, inmate nurses' aide or inmate dental assistant satisfactorily complete training necessary to carry out the duties assigned.

(b)The department shall prohibit employment of inmate health care workers, inmate nurses' aides or inmate dental assistants to perform the following duties:

(1)performing direct patient care services for which they are not trained;

(2)performing dental chairside assistance unless trained;

(3)operating equipment for which they are not trained;

(4)scheduling health care appointments;

(5)determining other inmates' access to health care services; and

(6)handling or having access to surgical instruments, syringes, needles, prescription medications and medical, mental health or dental records.

9 NYCRR 7651.29 - Inmate health education

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The department shall establish and implement a program of continuing health education which shall provide comprehensive health education information which shall be accessible to all inmates.

9 NYCRR 7651.30 - Inmate mortality

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall report the death of every inmate on its official count of inmates to the commission by telephone within six hours of pronouncement of death in a form and manner prescribed by the commission.

(b)Each facility shall mail a certified copy of every deceased inmate's entire departmental health care record to the commission within 10 days of death.

(c)Each facility shall immediately report the death of every inmate on its official count of inmates to the coroner or medical examiner having jurisdiction in the place where such inmate is pronounced dead.

(d)The department shall not, absent approval of identifiable next of kin, dispose of inmate remains by cremation.

9 NYCRR 7651.31 - Education and training

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The department shall provide a formal orientation and training program for new health care staff which shall include an orientation to the correctional setting and the department's written policies and procedures for health services.

(b)A formal continuing in-service training program in clinical medicine shall be provided for all health care staff members employed in each correctional facility.

(c)Such continuing in-service training program shall include, but is not limited to:

(1)training in physical assessment for registered professional nurses who conduct ambulatory clinic screening of inmates;

(2)training in the detection, diagnosis and clinical management of HIV disease, including its associated psychosocial problems, provision of current effective therapies and associated techniques, and infection control;

(3)assessment and treatment of persons exposed to chemical agents pursuant to the requirements of Part 7634 of this Title, including decontamination procedures; and

(4)training in all aspects of the emergency and disaster preparedness plan required pursuant to section 7651.32 of this Part.

(d)The department shall require that all newly appointed correction officers obtain certification in adult cardio-pulmonary resuscitation provided or approved by a recognized health care training authority.

(e)The department shall develop and deliver in all correctional facilities a continuing formal education and training program for inmates and correction officers on the nature, transmission and detection of HIV illness.

9 NYCRR 7651.32 - Emergency and disaster preparedness

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Each correctional facility shall have in effect a written health services emergency and disaster preparedness plan.

9 NYCRR 7651.33 - Health systems records and data

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Nothing in this Part shall prevent access by the commission or any employee designated by the chairman of the commission to any and all records maintained by the department or any correctional facility or to any information from any employee of the department, including but not limited to telephonic consultation, pertaining to any inmate's medical treatment.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.