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Recommendations for Implementation
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a.
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Include the
most appropriate psychotherapeutic medications in prison and county
correctional institution formularies.
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A growing body of clinical evidence shows the benefits of
widespread access to the newer generation of medications (see Policy Statement
35: Evidence-Based Practices). Fewer people taking these medications require
hospitalization or rehospitalization, yielding substantial cost savings. More people taking them are able to enter the
workforce and reduce their dependency on a wide array of social services. As the benefits of the newer medications
have become more widely recognized the demand has increased, allaying concerns
about higher costs.
Newer medications, which are considerably more expensive
than older medications, are not used as frequently in prisons and in jails as
they are in the general community.
Using these newer medications in many instances, however, is in fact
cost-effective; their ability to increase the likelihood that the inmate will
adhere to his treatment plan may offset, at least in the long term, the
difference in cost between the two generations of medications.
Correctional officials usually require that licensed staff
in the jail or prison pharmacy fill prescriptions, including those for psychotropic
medications, in accordance with a departmentally prescribed formulary. Policies should define procedures that
ensure a balance between the higher cost and the more desirable results,
including the lesser side effects of many of these new medications. At a minimum, pharmacies should maintain
adequate stocks of the most commonly prescribed psychotropic medications. These
should not be limited to the least expensive and generic brands. Sufficient supplies of newer medications
that have been prescribed by the psychiatrist for individual patients should
also be kept on hand.
Furthermore, regardless of whether a particular medication
is on the jail or prison formulary, there should be provision for obtaining any
medication that a physician deems appropriate to prescribe. If the medication is not on the formulary,
the physician should be able to order it as a special request and receive it in
a timely manner.
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b.
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Develop and
adopt jointly standardized clinical decision protocols (i.e., algorithms) that
are based upon research conducted on a national level.
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In order to ensure consistency in the application of
psychotropic medications, and to manage pharmacy costs, state correctional
agency officials should work with leaders in the mental health system to develop
and adopt jointly standardized clinical decision protocols (i.e., algorithms)
that are based upon research conducted on a national level.
Example:
National Formulary, Federal Bureau of Prisons
In an effort to deliver consistent and
cost-effective medical care, the Pharmacy and Therapeutics Committee of the
Federal Bureau of Prisons established the National Formulary for the Bureau of
Prisons. The committee's objectives are to ensure that inmate medical care will
be delivered consistently and cost-effectively as a result of the formulary's
implementation.
Implementation of the formulary includes review
of evidence-based scientific literature for new and existing drugs and to
determine their appropriate role in the Bureau's pharmacotherapeutic
armamentarium. It is the committee's
role, through the formulary, to stay current with BOP clinical treatment
guidelines for medical and mental health conditions, as well as reflect the
generally accepted professional practices of the medical community at large.
The committee meets and conducts reviews annually
and is composed of pharmacists and clinicians from the bureau and other
institutions and includes the chief physician and chief psychiatrist; it is
chaired by the chief pharmacist.
Responsibilities include reviewing the formulary and updating it to be
in line with evidence-based medicine; new drugs are reviewed by conducting
literature searches and cost/benefit analyses to determine whether the side
effect of a given drug is worth the benefit of administering it.
Example:
University of Texas Medical Branch,
Texas Department of Criminal Justice
Beginning in 1995, the Texas Department of
Criminal Justice (TDCJ) developed policy and guidelines for facility-level
providers to obtain nonformulary drugs for offenders in the custody of the
Texas Department of Corrections. TDCJ
has incorporated the procedure for obtaining nonformulary drugs for inmates as
part of the Pharmacy Policy and Procedure Manual. The prescribing physician must provide documentation in the offender's
health record about what role the desired drug will have in the offender's
treatment plan (e.g., diagnosis,
special considerations) and also provide documentation confirming that no
acceptable substitute is available on the formulary.
Procedures and a flowchart have been developed to
show the protocols for what happens when such a request is made. Requests for
nonformulary medication are made to the clinical pharmacist assigned, who, in
turn, evaluates the request by a review of information provided by the
prescribing physician/psychiatrist and/or a review of other relevant
information including the target disease, previous medications used for the
indication, dosages, compliance allergies, diagnostic procedure, TDCJ Disease
Management guidelines, national standards and guidelines, and applicable
scientific literature.
The Texas Department of Criminal Justice has
evaluated the program through continued monitoring of nonformulary requests and
denials. The initiative is funded
through a contract with the University of Texas Medical Branch/Correctional
Managed Care to provide mental health services for offenders in the TDCJ
through the Correctional Managed Care Advisory Committee.
Much progress has been made in
the area of clinical informatics as a result of managed care initiatives that
have moved into pharmacy services.
Example:
The Texas Medication Algorithm Project,
Texas Department of Mental Health and Mental Retardation
The Texas Medical Algorithm Project (TMAP) is a
public and academic collaborative effort headed by the Texas Department of
Mental Health and Mental Retardation.
TMAP is designed to improve the quality of care and achieve the best
possible patient outcome by establishing a treatment philosophy for medication
management. TMAP developed and instituted a set of algorithms to illustrate the
order and method in which to use various psychotropic medications. The TMAP algorithms have been adopted by the
Texas Department of Criminal Justice for use in the state's prisons.
The ultimate goal of TMAP is to optimize patient
outcomes with the underlying assumption that resources will be most optimally
utilized. It is intended to develop and
continuously update treatment algorithms and to train systems to apply these
methods to minimize emotional, physical, and financial burdens of mental
disorders for clients, families, and health care systems.
TMAP consists of four phases. During Phase 1, guidelines were developed
through scientific evidence and expert clinical consensus, resulting in the
development of algorithms for use of various psychotropic medications for three
major psychiatric disorders: schizophrenia, major depressive disorder, and
bipolar disorder. Phase 2 was the
feasibility trial of the project and evaluated the suitability, applicability,
and costs of the algorithms. The third
phase was a comparison of the clinical outcomes and economic costs of using
these medication guidelines vs. traditional treatment/medication methods. The
fourth and final phase is the implementation of TMAP throughout clinics and
hospitals of the Texas Department of Mental Health and Mental Retardation and
is known as the Texas Implementation of Medication Algorithms (TIMA). Collaboration for this project included
public sector and academic partners, parent and family representatives, and
mental health advocacy groups.
In order to ensure quality and
objectivity, correctional agencies should enlist the services of a licensed
pharmacist to review policies and procedures, and to assist in a review of the
use of medications in the facilities.
For example, there may be some instances when physicians prescribe the
newer, more expensive medications even though the older medications may achieve
the same desired clinical outcome. If
replacement medications are considered, prescribing physicians should keep in
mind the potential impact of side effects associated with switching
medications. Checks and balances must
be established and enforced to ensure that physicians are not overprescribing
medications that yield little additional salutary effect.
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c.
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Require, at a
minimum, that (1) mental health-specific case management services and (2)
effective, research-based behavioral and counseling interventions accompany the
use of medication.
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To ensure that mental health and
correctional facilities staff members do not become overly dependent on
medications alone to modify or to control inmate behavior, mental health
services should include an array of interventions designed to meet the unique
needs of inmates with mental illness. When interdisciplinary teams work together to develop a treatment
plan, the services delivered are more likely to be balanced and tailored to the
specific needs of the inmate
Interventions that have proven
to be effective in a correctional setting include the following:
-
cognitive-behavioral therapy, particularly those
interventions that improve basic problem-solving skills and reduce maladaptive
(criminal) thinking
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individual and group therapy that is skill acquisition
oriented
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independent living-skills training
medication self-management
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relapse prevention
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physical exercise programs
Example:
Behavior Modification Treatment Level
System, West Virginia Division of Corrections
The West Virginia Division of Corrections has
implemented a Behavior Modification Treatment Level System at the Mount Olive
Correctional Complex. Mental health
staff at the facility put this system in place to facilitate effective inmate
management and to provide an incentive for inmates placed in the Mental Health
Unit (MHU) to achieve an appropriate functioning level.
Programming is offered at various levels for some
inmates who used to be locked down in their cells for 23 hours a day. Since the program has started there has been
only one four-point restraint utilization, no cell extractions, and inmates
that used to be housed in single cells are now stabilized and socialized to be
double bunked. To increase success, the
warden was asked to forgo disciplinary infractions for inmates receiving mental
health treatment on the unit. This
approach has empowered mental health staff to implement programming without
having punitive restrictions. Critical to this approach is the ability to
select staff who are philosophically aligned with a habilitation model as
opposed to a punitive model.
At most institutions,
correctional staff members provide general case management services. When inmates have a mental illness, however,
they should be assigned to case managers specially trained to understand the
distinct service needs of this population (see Policy Statement 30: Training
for Corrections Personnel).
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d.
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Develop and
provide programs for inmates with co-occurring disorders.
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All programs for inmates with
mental illness should also address inmates with co-occurring substance abuse
disorders. Over the past decade,
virtually every state department of corrections has implemented residential
substance abuse treatment programs within their prisons. Some of these programs specialize in
treating the dually diagnosed - those with co-occurring substance abuse and
mental health problems. These programs
generally serve inmates whose primary problem is substance abuse, and whose
mental health problems tend to be less severe but there are clearly examples of
offenders with co-occurring disorders whose mental illness is the primary
concern. Some of these residential
programs are specifically designed for women - a large percentage of whom are
dually diagnosed - with depression as the primary psychiatric diagnosis.
Key program components for
co-occurring disorders include the following: an extended assessment period;
orientation/motivational activities; psychoeducational groups;
cognitive-behavioral interventions, such as restructuring of "criminal
thinking errors"; self-help groups; medication monitoring; relapse
prevention; and transition into institution or community-based aftercare
facilities. Many programs use
therapeutic community approaches that are modified to provide greater
individual counseling and support, less confrontation, smaller staff caseloads,
and cross-training of staff.[4] (See Policy Statement 37: Co-Occurring
Disorders.)
Example:
Co-occurring
Disorder Programs, Columbia River Correctional Institution (OR)
In 1998, the Oregon DOC combined state and
federal grant resources to create a system of four co-occurring disorder
programs at a single institution (the Columbia River Correctional
Institution). Two of these programs are
for men, and two for women. One program
for each gender is targeted at inmates whose problems are more heavily weighted
toward addiction and criminality, but who also have some mental health problems
(the Turning Point programs, which are profiled elsewhere in this report). Another two programs (again, one for each
gender) are designed to address the needs of offenders with serious and
significant mental health problems who also have problems with addiction. Mental health and substance abuse treatment
in all four programs is provided in an integrated manner, with much
cross-pollination of ideas and information among supervisors and staff of all
four.
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e.
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Facilitate
access to professional psychiatric services by using telepsychiatry in systems
where inmates are distributed across a large geographical area or in locations
where there is a shortage of psychiatric service providers.
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Qualified, licensed mental
health staff can be hard to come by in jails and prisons located in remote,
rural areas. As a result, some jurisdictions,
including some in Texas, have resorted to electronic communications as a means
of providing professional, clinical services to such institutions. (See Policy
Statement Section 41: Workforce)
Example:
Telemedicine, Texas Department of
Criminal Justice
Texas Tech University Health Sciences Center
(TTUHSC) is responsible for providing medical care in the western portion of
Texas to inmates in the Texas Department of Criminal Justice and to juveniles
in five Texas Youth Commission facilities.
In 1994, TTUHSC began delivering health services to inmates via
telemedicine. As of 2002, TTUHSC conducts approximately 2,000 prison
telemedicine consultations a year for the 33,000 inmates that are housed in the
26 prison units for which TTUHSC is under contract. Approximately one-third of all telemedicine consultations are in
telepsychiatry and telepsychology.
This expansion has significantly reduced the amount of time clinicians spend
driving to distant prison sites.
Psychotropic medications should
be prescribed by, or in consultation with, a psychiatrist or other licensed
mental health professional having training in psychotropic medications and
authority to prescribe them as determined by the state. Given the shortage of
psychiatrists, doctors who provide general health care, but who are not
credentialed in psychiatry, are allowed to prescribe psychotropic medications
for inmates with serious mental illness.
It is essential that physicians who specialize in psychiatric medicine
oversee mental health treatment, in addition to psychotropic medication
prescription, administration, and monitoring.
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f.
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Review mental
health services provided to ensure that they are evidenced-based.
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Like their counterparts in the
community, mental health professionals working in correctional settings have
access to a growing body of research documenting the effectiveness of certain
interventions and the promise of others.
Similarly, researchers have demonstrated that various service models have
little or no impact on the behavior or health of a person with mental
illness. To ensure provision of the
most effective possible services to people with mental illnesses in prisons and
jails, correctional mental health officials should stay abreast of the work of
research efforts on evidence-based practices such as those conducted at the New
Hampshire Dartmouth Psychiatric Research Center and at the National Association
of State Mental Health Program Directors (NASMHPD) Research Institute. Researchers
affiliated with these organizations have identified services that have been
shown in a variety of settings to provide treatments and supports that will
enhance the ability of a person with mental illness to live successfully in the
community. (See Policy Statement 35:
Evidence-Based Practices.)
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g.
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Ensure the
cultural competency of all programs for inmates with mental illness.
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As stated earlier in this
chapter, the majority of people incarcerated in the United States are African
American or Latino. In some states,
people of color make up nearly 80 percent of the prison population. Cultural competency has generally been shown
to improve client receptiveness to services and counselor effectiveness (see
Policy Statement 40: Cultural Competency). Mental health services in
correctional settings should recognize the effects of culture on all aspects of
mental illness and, in order to treat inmates effectively, should organize and
design their approaches accordingly. In
particular, clinicians and other correctional staff who are in routine contact
with inmates with mental illness should receive training to enhance their
"cultural competency" and their ability to recognize and respond to
the needs of people from different cultural backgrounds who come under their
care or control.
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h.
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Provide mental
health treatment and services that are gender-specific.
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Male and female inmates may have
similar mental illnesses and custody levels, but their treatment plans, housing
situations, and programming needs will be distinct. For example, the Bureau of Justice Statistics has found that
histories of trauma and abuse are particularly high among females in prison and
jail: more than 78 percent of female
state prison inmates and more than 72 percent of the female population in jail
reported such histories.
In response, a growing number of
jurisdictions have instituted programs intended to identify women who are
victims of past abuse and to offer interventions that meet their specific
needs. These programs provide training that helps correctional administrators
and officers to understand the high prevalence of trauma history among their
inmates as well as the relationship between abuse, substance abuse, mental
illness, and criminal behavior. The
programs also include interventions that help inmates with histories of abuse
to better understand their own situations, often through group meetings.
Example:
The TAMAR Project, Maryland Mental Hygiene
Administration, Division of Special Populations
The TAMAR (Trauma, Addictions, Mental health, And
Recovery) Project was initially piloted in one rural and two suburban counties
in Maryland and has now spread to a number of counties in the state. Its goal
is to provide integrated services for women who typically have interrelated
trauma, substance abuse, and mental illness issues. Meeting in groups, the
women are encouraged to share their stories with one another and to engage in
therapeutic activities such as art therapy and journal writing. Once released
from jail, women in TAMAR are able to continue to meet in groups in the community
that provide continuing support.
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i.
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Recognize the
distinct programming needs of special populations with mental illness, such as
the elderly, the developmentally disabled, those with chronic medical problems,
substance abusers, and sex offenders.
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Prisons have increasing numbers
of inmates with mental illness who also are elderly, developmentally disabled,
or sex offenders. The clinical needs,
treatment approaches, strengths and deficits, and general goals of programs for
inmates in these groups differ significantly. Correctional administrators
should ensure that mental health programs and services provided to these
special populations are distinct from programs and services provided to other
inmates with mental illness
Some program approaches that serve
sex offenders and those with developmental disabilities may provide useful
guidance for approaches for offenders with co-occurring disorders.
Example:
Program for Inmates with Developmental Disabilities, Texas Department of Criminal Justice
This program was established to minimize the
negative effects of incarceration on offenders who have developmental
disabilities and to maximize the likelihood of their successful reintegration
into the community. An Interdisciplinary Team (IDT) includes a physician or
registered nurse, licensed or certified psychologist, social caseworker,
vocational supervisor, social work supervisor, and rehabilitation aide. Occupational therapists and speech
pathologists are included as necessary.
The IDT performs a needs assessment to determine what services are best
suited to meet the needs of the individual.
A vocational evaluation is completed, which takes into account the
inmate's assets and limitations.
Offenders with developmental disabilities are housed in the least restrictive
environment appropriate to their habilitation, treatment, and safety and
security needs. Available services include: medical care; psychiatric services;
educational programming; occupational therapy; substance abuse treatment;
treatment planning and monitoring; and continuity of care (transitional
planning).
Example:
ASEND Program,Utah Department of Correction
Since 1986, the Utah Department of Corrections
has been operating the Advantage Program at the Utah State Prison to address
the needs of offenders with an IQ below 70.
In 1999, space was designated at the prison and new policies and
procedures were implemented for an expanded program, called ASEND, operating in
a segregated living unit.
The ASEND Program
provides programming for those inmates lacking the skills and knowledge to meet
the standards of self‑sufficiency and acceptable social responsibilities,
not only in society but also within this institutional environment. The goal of
the ASEND Program is to assist inmates to live successfully in the prison
population and to prepare for their eventual release to the community.
The program comprises
the following components: 1) a written individual habilitative plan; 2) an
education program component; 3) a cognitive programming component; 4) an employment
job readiness component; 5) modified behavior privilege matrix; 6) additional
services coordination for inmates who have a mental illness, or who have sexual
or drug abuse histories; 7) recreation and physical activities; 8) aftercare
services; and 9) appropriate training and habilitative specialist status for
block officers.
Example:
Sexual Offender Accountability and Responsibility (SOAR) Program, North Carolina
Department of Corrections
SOAR is a voluntary day treatment program for
incarcerated sexual offenders referred by psychological staff from state
prisons. Two program sessions are held each year, with a total of 72 offenders
participating. Inmates are housed in a
segregated unit while participating.
Group therapy conducted by a program staff psychologist is the primary
mode of treatment. The program, which
has been in existence since 1991, is relatively inexpensive to operate ($7.16
per day per inmate) and has been demonstrated to be reasonably effective. The
latest outcome study reported that by April 2000, 302 of a total of 501
participants who had completed the program had been released to the
community. Of these 302 men, only 7, or
2.3 percent, had been returned to prison for a new sexual offense charge. This compares very favorably with the return
rate of general population inmates in North Carolina. According to a 1996 study, 47 percent of all inmates leaving
North Carolina prisons are reconvicted within three years. A youth SOAR program designed to serve
offenders between the ages of 16 and 21 is planned.
Example:
Sexual Offender Residential Treatment (SORT) Program, Virginia Department of
Corrections
SORT provides
comprehensive assessment and treatment services for inmates who are a moderate
to high risk for reoffense. The program operates in five phases: orientation; assessment; treatment
readiness; treatment; and release planning.
The program begins with the development of an individualized treatment
plan, then progresses through the participation by offenders in various psychoeducational
groups, and, finally, in a program of treatment having the Trans-theoretical
Model and Cognitive Behavioral Techniques as its basis. The release planning
phase, which includes the participation of the offender's community supervision
officer and family members, includes an evaluation of future needs and the
identification of programs and providers to address such needs.
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j.
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Develop graduated housing options for inmates with mental illness that ensure the
safety of staff and inmates and prepare inmates, when appropriate, for
transition from specialized housing to general population units.
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Beyond general population beds,
correctional administrators usually have few housing options, especially in
overcrowded facilities, for inmates with mental illness. In those units, staff members generally are
not trained adequately to address these inmates' needs. Inmates suffering from severe mental illness
who are housed in general population, especially when their illness is
undiagnosed or untreated, often decompensate more quickly than they would in
housing designed and operated for inmates with mental illness. When inmates with mental illness in general
housing decompensate they are likely to incur disciplinary infractions, which
in turn prompts their reassignment to segregation cells, where their mental
health is likely to deteriorate still further and more rapidly.
Centralized and noncentralized
approaches to housing inmates with mental illness each have benefits and
drawbacks. Generally, it is more cost-efficient
to hold people with significant problems in specialized units at a central
facility. On the other hand,
decentralizing services provides greater administrative flexibility. Furthermore, "mainstreaming"
inmates who can safely be housed in the general population reduces the stigma
associated with mental illness.
An ideal approach to this issue
is to have both options available.
Depending upon the size of the system and facilities, correctional
administrators should provide separate residential services to inmates with
serious mental illness, as well as a range of counseling activities in day and
outpatient levels of care. Several
states have developed multilevel housing systems for inmates with serious mental
illness. These include maximum-security
medical units, step-down, post-acute housing, and transitional housing units.
In order to make the most
appropriate housing assignment for an inmate with mental illness, staff should
first take into account the medical requirements of the inmate, including
concurrent nonpsychiatric conditions (e.g., HIV, TB, etc.). For example, inmates whose medical needs are
within reasonable limits, are medication compliant, and are responsive to
supervision could likely be assigned appropriately to general population
units. Cross-discipline participation
on panels and committees that make decisions regarding the handling of inmates
with mental illness should be a standard practice.
Correctional staff should
reevaluate the housing assignments of inmates with mental illness routinely to
ensure the assignment is properly serving their changing needs. Inmates assigned to a specific unit because
of their mental illness should be evaluated regularly for changes in their
mental health needs.
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k.
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Provide
disciplinary hearing officers with the proper orientation and training to make
informed decisions about offenders with mental illness. |
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Custody and program staff,
whether they are assigned to special housing units or to general population,
should receive training in basic mental health issues. In order to have an impact on problem
inmates with mental illness receiving disciplinary actions due to their
illness, it is recommended that hearing officers, and others involved in the
work of disciplinary committees, also receive this training. These officers should have discretion to
consider the presence of mental illness as a mitigating factor in imposing
sanctions (see Policy Statement 30: Training for Corrections Personnel).
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l.
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Ensure continuity of services when inmates are transferred to a different facility.
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When inmates are transferred to
a new institution, it is critical that information regarding their mental
illness and treatment history accompany them.
When this information does not follow the transferred inmate, the receiving
facility must undertake the inefficient and expensive step of conducting
another evaluation.
Service delivery between the two institutions should also
be seamless. Without continuity of
care, an inmate's condition can worsen.
Employing one of three mechanisms will enable corrections
administrators to ensure that an inmate's mental health information will be
forwarded to a receiving institution whenever he or she is transferred:
Establish a central, computerized tracking system,
which alerts the mental health case manager at the receiving institution that
an inmate with mental health needs will be arriving at the facility; or
Send with the inmate a summary form that alerts the
mental health case manager at the receiving institution. When mental health information is not
maintained in a system-wide database, staff will need to include in this form a
clinical summary of assessment results and a brief description of treatment and
services received at the previous institution;
or
In jurisdictions that do not have a central
computerized tracking system, the mental health record should accompany the
inmates at the time of their transfer.
Example:
Wisconsin's Health Transfer Summary
Wisconsin's Health Transfer Summary, a form and
protocol used to ensure continuity of care when inmates are transferred from
one correctional facility to another, pertains to transfers between county
jails, between state prisons, and between county jails and state prisons. In particular, the summary provides
necessary information to health care providers and custodial staff at
correctional facilities to ensure their proper care - such as current health
and mental health status; medications in use; and treatments - while
maintaining the confidentiality of inmate health care information in compliance
with state law. At the time of a transfer, the Health Transfer Summary is
prepared by a facility health care professional and delivered along with the
inmate by the transportation officer assigned to transport the inmate to the
receiving facility. If the transfer is completed at a time when the health care
professional is not available, the form is prepared and dispatched with
alternative means within 24 hours.
Once received, a health care professional at the
receiving facility logs in the summary, notifies the sending facility that it
has been received, and makes follow-up assessments, investigations, and
requests for information concerning the inmate's health care status or
condition as required. The summary is
maintained in the inmate's medical files as a confidential record following
guidelines set forth in Wisconsin law.
According to the statute, inmate consent for the transfer of his or her
health care information between correctional facilities is not required. The statute also authorizes the sharing of
the inmate's complete health record, but specifically excludes the mental
health information from being included when that complete record is
shared. The exclusion can be waived
only with the inmate's consent.
Confidentiality regulations designed to protect the
privacy and rights of those receiving treatment for mental illness and
substance abuse are often misinterpreted, and, in some cases, such regulations
unnecessarily impede the flow of information needed to ensure the quality and
continuity of care for offenders who are transferred between facilities. Mechanisms can be used that enable
correctional agencies to share important and relevant information while
maintaining an appropriate level of confidentiality for the inmate. Information
sharing should be understood here as sharing between clinical treating
providers at two different sites, and not as sharing with administrative or
other correctional staff. Clinical
files (whatever form they take) should be sealed and opened only by qualified
personnel who have appropriate training in confidentiality issues. Inmates who receive services for
their mental illness should be encouraged to provide written consent in order
for agencies to release treatment records to another program. Even
when a statute allows sharing without consent, it is still a good idea to
obtain it.
It is particularly important to facilitate the transfer of
records from jails and other facilities that are not operated by the state
correctional agency. Similarly, state
corrections directors should also consider developing memoranda of agreement
between state agencies, such as the agency for mental health services, to
ensure the transfer of patient records when an individual who is being served
in a state institution is transferred to a correctional facility.
Corrections administrators and their counsel often have a
difficult task in determining how federal and state statutes regarding the
confidentiality of inmate mental health information applies to inmates. State statues - or administrative
regulations - should be established to clarify how the information of this
distinct population can be used.
In addition, states should consider establishing statutes
or administrative regulations that require the transfer of inmate mental health
records between facilities under the purview of the state correctional
agency. In Arizona, this statute
requires transfer of records either prior to or at the time of the transfer; it
also authorizes the records to be transferred between county and state
facilities.
Example:
Duty to Deliver Medical Records,
Arizona State Law
Arizona state law requires the transfer of a
prisoner's "medical record file, including the prisoner's mental health
file or a standardized medical record."
The file must be transferred prior to or at the same time as transfer of
the prisoner. This requirement applies
to all transfers between jail and state department of correction facilities.
Louisiana takes this process a step further, allowing the
correctional agency to obtain information from other state agencies, as
necessary, while ensuring reasonable confidentiality protection.
Example:
Access to Records, Louisiana State Law
Louisiana state statute gives the department of
corrections access to "information and records under the control of any
state or local agency which are reasonably related to the rehabilitation of the
individual." Access to such
information may be obtained "during the course of any investigation which
the department of corrections is authorized by law to conduct or any
investigation necessary to the rehabilitation of persons in the custody of the
department of corrections." The
statute also requires that all information obtained under this provision
"be held as confidential and not be disclosed directly or indirectly to
anyone except" when required by statute.
These examples illustrate how a state essentially can
define the department, and/or the state as a whole, as a unified system of
care, thus enabling mental health information to be freely passed between
facilities and departments as though they were part of a provider enterprise,
as occurs in community health systems.
Confidentiality assurances can be established simply through policies
and procedures that are consistent with statutes.
In cases where statutes do not provide for transfers
across agencies, one solution would be for the agencies to enter into memoranda
of agreement that include Qualified Services Agreements (QSA). QSA's are agreements between providers that
allow for the release of confidential information between the agencies, while
transferring responsibility for adherence to federal and state confidentiality
regulations.
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m.
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Require appropriate staff to review mental health information received with the
transferred inmate and to respond accordingly.
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Departmental policies and procedures should define what
specific information is required at intake, who is responsible for reviewing
and following up on obtaining complete mental health records, and what
immediate services are to be provided.
Time frames for conducting clinical review and approval of medications
should be specified throughout the intake process. Lastly, the procedures should specify a protocol for
interinstitutional communication when proper documentation does not accompany
the inmate at the time of intake.
Example:
Statewide Weekly Mental Health Staff Teleconference, Arizona Department of Corrections
By administrative order, the facility health
services administrators and other relevant mental health professionals at the
Department of Corrections' (DOC) Alhambra Behavioral Health Treatment Facility,
and all other correctional complexes and facilities teleconference every week
to discuss the mental health treatment needs and issues of inmates being
referred to or from the Alhambra complex and other Arizona DOC facilities and
provide a forum for peer consultation on difficult cases.
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Identify appropriate technology and protocols for the development of an electronic
patient records system.
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Several jurisdictions have developed electronic data
systems to improve records management and facilitate the instant flow of
clinical records. To ensure a
successful records transfer, electronic communication should be used in
conjunction with the personal transfer of information between clinicians at the
institutions. Officials should be
mindful that most confidentiality regulations apply equally to paper and
electronic records (HIPAA regulations
specifically cover electronic records), and thus develop their
electronic information protocols accordingly.
Example:
Mental Health Record and Referral/Evaluation Systems, Michigan Department of Corrections
The Health Management Information System (HMIS)
is a computer-based management system, which contains health care data for
persons incarcerated in Michigan correctional institutions. Two mental
health-related components of HMIS are the mental health record system and the
referral/evaluation system. Staff from
DOC Psychological Services and DCH Corrections Mental Health Program use these
components. The Mental Health Record system enables mental health care services
providers to systematically identify and track prisoners with mental illness at
different levels and units within the correctional system. The referral and
evaluation system ensures the identification and tracking of prisoner referrals
for evaluations as well as the evaluation outcomes.
Example:
Process of Transmitting Mental Health Treatment Histories of Inmates When Transferred
to Other Facilities, New Jersey Department of Corrections
The New Jersey Department of Corrections uses an
electronic medical record system that allows any professional health care
practitioner within the Department to view any inmate's health record at any
time. When an inmate is transferred
from one facility to another, mental health professionals send an e-mail
stating that the inmate has been transferred and the health record can be
immediately accessed. Case conferences
occur on the more difficult management cases.
Example:
Interagency Case Conferencing, New
Jersey Department of Corrections
When the New Jersey Department of Corrections
participates in interagency transfers (e.g., between correctional and mental
health agencies), it often organizes case conferences, in conjunction with the
electronic transfer of data between the agencies, to enable clinicians from
both sending and receiving institutions to meet to discuss and develop
individual treatment plans.
State mental health agencies recognize the benefits to be
gained from the development of an integrated and automated patient records
systems that is operated system wide.
The establishment of such a system is expensive, however, and the work
on such systems in most states is far from complete. Indeed, implementation of electronic patient record systems is
inconsistent across local agencies, making it impossible for state mental
health authorities to gather complete information or to realize the gains that
could be reaped from a statewide system.
Additionally, seemingly simple problems such as the incorrect spelling
of a patient's name or an inaccurate social security number can create
significant headaches for staff. In
some states, efforts are under way to include state correctional agencies in
the development of electronic patient/inmate record systems.
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