The Prisons and Young Offenders Institutions (Scotland) Rules 1994

PART 4 HEALTH AND WELFARE

The medical officer

23.  The medical officer shall have responsibility for the general care of the health of every prisoner.

Provision of medical services and facilities

24.  The Secretary of State shall make arrangements for the provision at every prison to such extent as he considers necessary of appropriate medical services and facilities for the prevention of illness, the care of prisoners suffering from illness or the after-care of such prisoners.

General duty of the medical officer to attend prisoners

25.  The medical officer shall attend prisoners who complain of illness at such times, and with such frequency, as he judges necessary in the circumstances.

Notification to the medical officer of prisoners requiring attention

26.  The Governor shall bring to the attention of the medical officer without delay any prisoner whose physical or mental condition appears to require his attention.

Arrangements for medical care by other medical practitioners or at outside facilities

27.—(1) Where the medical officer considers it appropriate to call into consultation, or refer a prisoner to, another medical practitioner or a specialist, he shall–

(a) inform the Governor; and

(b) thereafter make such arrangements as are necessary.

(2) Where the medical officer considers that it is appropriate that another medical practitioner or specialist should visit the prison to attend a prisoner, he shall–

(a) inform the Governor; and

(b) thereafter make such arrangements as are necessary.

(3) Where the medical officer considers that the condition of a prisoner’s health requires treatment at a medical facility outwith the prison, the Governor shall make such arrangements for the transfer of the prisoner to such facility as he considers appropriate.

Duty of medical officer to visit prisoners subject to cellular confinement

28.  Where cellular confinement is imposed on a prisoner in terms of rule 100(1)(d), the medical officer shall visit the prisoner as soon as practicable and thereafter at least once in each period of 24 hours of such confinement.

Duty of medical officer to notify certain matters

29.—(1) Where the medical officer is of the opinion on medical grounds that a prisoner should–

(a) be confined in specified conditions;

(b) not participate in specified activities;

(c) participate in specified activities only in accordance with such conditions as the medical officer considers necessary;

(d) not be subject to cellular confinement where this has been imposed in terms of rule 100(1)(d); or

(e) not be placed under a restraint in terms of rule 83,

he shall notify the Governor, who shall give effect to the medical officer’s opinion without delay.

(2) The medical officer shall notify the Governor without delay of any matter connected with a prisoner or the treatment of prisoners which appears to him to require attention on medical grounds.

(3) If in respect of any prisoner the medical officer is of the opinion on medical grounds that–

(a) he is totally and permanently unfit to be detained further in prison;

(b) the life of the prisoner is likely to be endangered by continued detention in prison; or

(c) the health of the prisoner is such that he is unlikely to survive his sentence or the period for which he is remanded or detained,

he shall notify the Governor without delay.

(4) The medical officer shall–

(a) where a matter which he has notified to the Governor pursuant to paragraph (2) remains unattended, report the matter to the Secretary of State; and

(b) notify the Secretary of State of any case where he has notified the Governor pursuant to paragraph (3).

Notification of relatives and friends of prisoners suffering serious illness, etc

30.  In the event that a prisoner becomes seriously ill or sustains serious injury or is admitted to a hospital outwith the prison, the Governor shall, where possible, ask the prisoner if any relative or friend of the prisoner or any other person should be informed of the event and–

(a) in the case of a young offender who is under 18 years of age,–

(i) if the young offender agrees, the Governor shall notify that person accordingly; or

(ii) if the young offender does not agree, the Governor may notify that person accordingly; or

(b) in the case of any other young offender or prisoner, if he agrees, the Governor shall notify that person accordingly.

Transfer to hospital for treatment for mental disorder

31.—(1) Where it appears to the medical officer that a prisoner to whom section 71 of the Mental Health (Scotland) Act 1984(1) applies is suffering from mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under Part V of the said Act of 1984, he shall obtain reports as mentioned in paragraph (3).

(2) Where it appears to the medical officer that an untried prisoner is suffering from mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under Part V of the said Act of 1984, he shall obtain in respect of the prisoner reports as mentioned in paragraph (3).

(3) The reports referred to in paragraphs (1) and (2) are reports in respect of the prisoner by 2 medical practitioners (complying with the provisions of section 70(4) of the said Act of 1984), one of whom may be the medical officer.

(4) If the medical reports referred to in paragraphs (1) and (2) are to the effect that the grounds upon which an application may be made for the admission of the prisoner to a hospital under Part V of the said Act of 1984 are satisfied, the Governor shall submit the reports to the Secretary of State.

Records of medical treatment

32.—(1) Subject to paragraph (2), the medical officer shall in respect of each prisoner maintain a record of his health and of all medical treatment given to that prisoner in prison, or at a medical facility outwith prison, during the period the prisoner is committed to that prison.

(2) Where a prisoner is moved from any prison to any other prison, the medical officer of the prison from which he is moved shall send his medical record to the medical officer of the prison to which the prisoner is moved.

(3) For the purposes of this rule, “medical treatment” shall be deemed to include any examination, consultation, diagnosis, operation, treatment or prescription.

Prisoners' welfare

33.  The Governor shall ensure that every prisoner is given reasonable assistance and facilities to maintain and develop relationships with his family and friends and with such other persons and agencies outwith the prison as may best offer him assistance during his sentence or period of committal, and in preparation for and after his release.

Visits to untried and civil prisoners by medical and dental practitioners

34.—(1) Subject to paragraph (2), the Governor shall at the request of an untried prisoner or a civil prisoner permit him to be visited by a medical or dental practitioner of his own choice for the purpose of receiving treatment.

(2) Where an untried prisoner or a civil prisoner is permitted to be visited by a medical or dental practitioner in terms of this rule, he shall be responsible for the expenses of that visit and any treatment rendered.

(1)

1984 c. 36; section 71 was amended by the 1993 Act, section 4(2) and Schedule 7, Part I.