HIPAA as applies to prisoners...PLEASE HELP!!

Orca, ADN, ASN, RN · May 31, 2006

Here are a couple of references that may help you.

From the Florida Department of Corrections:

http://www.dc.state.fl.us/pub/compass/0303/10.html

A reference about HIPAA in forensic practice:

I work for Nevada DOC. While our inmates generally do not pay for care from outside providers, they do sometimes return with prescriptions - and even medication samples - of meds that are either not allowed on the yard or are non-formulary. When they go for such treatment, the outside providers understand that their orders are only recommendations in the context of the prison environment, and we often ask our own doctors for substitutions for these meds when we call with report after the inmate returns from the appointment. We confiscate any sample medications until we receive orders from our own physicians, and the meds are only issued if they are appropriate for KOP (keep on person) use. Otherwise, they are dispensed at pill call from the medication window. We do not issue narcotics to inmates on the yard, only those in the infirmary.

Inmates are inmates. As long as they have an active sentence, they are subject to appropriate rules and regulations.

katchmoleen · May 31, 2006

Thanks very much for your reply! The thing is that we have no doctor here at the transitional facility. I'm IT :nurse: and I only work 15 hours a week! So they have pretty much left medical care alone. I have found that most of the counselors don't even know what all their residents are on! That is my first job, to be a liason in that respect.

Orca, ADN, ASN, RN · Jun 6, 2006

That's a tough spot. At least in my case we have doctors either on the premises or on call (depending upon the time), and they make the final call. Of course, I am their eyes and ears when I call them, and I have to provide complete and accurate information for them to make the proper call. Sometimes the doctors will ask what I want to do (since I have established a position of trust with them). I like the independence, but I also like having a doctor I can call if I am unsure about something or if I run into something that cannot be handled on site.

halfpint6239 · Jun 25, 2006

HIPPA laws are NOT the same for prisoners according to several court determinations. Inmates are not afforded the right to privacy while in custody. Regardless of what they manage to obtain and bring in with them, we (an accredited facility) have a blanket policy, NO NARCOTICS are allowed to be brought in to our facility. Our physicians determine what medications if any are allowed. Unfortunately we do have some doctors in our society, that when someone tells them they are going to jail, they prescribe them whatever they want!!!! Frequently our inmates who arrive with an addiction to any form of speed, will arrive with asthma inhalers; however a little research proves they never had one prescribed to them prior to being brought to our facility. This is a common substitution when they are unable to obtain their normal drug of choice. We do not allow ANY KOP (keep on person) medications, if they are having an issue with respiratory, we want to know about it and if they do NOT have an inspiratory as well as expiratory wheeze, and their pulse ox is NOT below 90, they do not get to take a hit off their inhaler. It's a fine line in correctional nursing...we must be good nurses, but not gullable. Their is a book, regarding the games inmates play, that we require all new employees to read.

jailrn88 · Apr 16, 2012

I would love the name of that book, as I also am a correction's nurse. I agree with everything you said, except we allow our inmates to keep emergency inhalers on person if we have documentation that they used one prior to incarceration.

ChuckeRN, BSN, RN · Apr 17, 2012

Is it Inside the Criminal Mind?

Amazon.com: Inside the Criminal Mind (9780812910827): Stanton Samenow: Books