| Section
I: Medical-Legal Issues |
J-I-01
Use of Restraint and Seclusion in Correctional
Facilities
(Essential)
(Name change from "Medical Restraints and
Therapeutic Seclusion" to better reflect the
content of the standard.) |
Formerly
J-64
This essential standard intends that when restraints are
used for clinical or custody reasons, the inmate is not
harmed by the intervention. The reworking of this
standard makes explicit the different roles health staff
have depending on why restraint or seclusion is used.
When restraints or seclusion are used for clinical
reasons, it must be as the intervention of last resort,
by physician order, for the shortest time necessary with
an individual treatment plan developed. Restraints used
are to be those employed in community settings.
When restraints or seclusion are employed by security
for security reasons, security must notify health staff
who will evaluate the health status of the inmate
involved initially and periodically, notifying
corrections if health problems exist or develop. These
requirements are not new but are articulated explicitly
here. |
J-I-02
Emergency Psychotropic Medication
(Essential)
(Name change from "Forced Psychotropic
Medication" to better focus on the applicability of
the standard.) |
Formerly
J-65
This essential standard’s intent is to prevent harm in
emergency situations when an inmate is dangerous to self
or others due to a medical or mental illness. By
physician’s specific order, psychotropic medication
may be forced during the emergency. This standard does
not address, nor is it intended to address, the issue of
forced medication as an ongoing treatment intervention,
which, depending on the jurisdiction, may require a
court order. This is not a new emphasis for the standard
and its content remains the same. |
J-I-03
Forensic Information
(Important) |
Formerly
J-66
The intent of this important standard is to ensure that
the role of the health services staff in serving the
needs of their patients is not compromised by their
involvement in the gathering of forensic information.
One change has been made to previous versions. In those
jurisdictions where DNA testing is required by law, with
consent of the inmate, and provided that health staff
are not involved in any punitive action taken if the
inmate refuses, it is now permissible for facility
health staff to do the blood draws. |
J-I-04
End-of-Life Decision Making
(Important) |
New
The intent of this new important standard is that
inmates retain their medical-legal rights regarding
end-of-life decisions. It focuses on decisions to be
made regarding plans for the end of life so inmates are
afforded the same options as they would in the
community. After receiving appropriate information
regarding these decisions, inmates are to be permitted
to execute advance directives including living wills,
health care proxies and "do not resuscitate"
orders. Specific guidelines are offered regarding these
options. |
J-I-05
Informed Consent
(Important) |
Formerly
J-67
This important standard intends that inmates retain
their right to make informed decisions regarding health
care. Requirements remain basically the same. |
J-I-06
Right to Refuse Treatment
(Important) |
Formerly
J-68
The intent of this important standard is to support the
ethical principle that patients have the right to refuse
health interventions. It remains basically the same. The
need for the refusal to take place before health staff
is made explicit. |
J-I-07
Medical and Other Research
(Important)
(Name change from "Medical Research" to better
reflect content of the standard.) |
Formerly
J-69
The important standard intends to support legitimate
research initiatives while protecting inmates from being
taken advantage of due to their status as inmates. It
remains basically the same. The need to arrange for
appropriate interventions for arriving inmates who are
already participating in research not done at the
facility has been made explicit. |
