right to receive prescribed medications while jail inmate

Previous | Next
 rated by 0 users
Latest post Sat, Sep 28 2013 10:52 PM by Taxagent. 10 replies.
  • Sun, Feb 20 2011 1:13 PM

    • sapsmiller
      Consumer
    • Not Ranked
    • Joined on Sun, Feb 20 2011
    • WI
    • Posts 1

    right to receive prescribed medications while jail inmate

    Do inmates at a local county jail (wisconsin) have any legal rights to receive prescribed medications - while they are in jail?  There are many who have prescribed pain pills, attention deficit meds, diabetic etc who are not receiving proper dosage (times per day or amounts per day) The meds are often withheld, without the inmate seeing a doctor or nurse, and no written communication for why the meds are discontinued.  Some inmates are going thru withdrawal - leading to depression, some of the med withdrawal also has personality changes tied to them such as hositilty and aggression.

  • Sun, Feb 20 2011 1:22 PM In reply to

    Re: right to receive prescribed medications while jail inmate

    "Do inmates at a local county jail (wisconsin) have any legal rights to receive prescribed medications - while they are in jail?"

    With some exceptions yes.  Basically the jail must provide life sustaining medications: hypertension, diabetes, heart disease.  Where it becomes a "gray" area is the other types of medications you mention.

    "There are many who have prescribed pain pills, attention deficit meds, diabetic etc who are not receiving proper dosage (times per day or amounts per day)."

    Pain medication that is taken daily is likely not required to be prescribed by the jail and dosed.  ADD does not need to be treated in jail either.  The problem is pain medication that would cause withdrawal is narcotics and ADD meds are amphetamines.  Neither of which the jail is going to stock due to the regulations on those medications with regards to storage safeguards, dispensing laws, and high rates of abuse rather than true treatment.

    "The meds are often withheld, without the inmate seeing a doctor or nurse, and no written communication for why the meds are discontinued."

    The other issue is most county jails have an extremely small pharmacy and limited budget.  It just isn't possible to stock the formulary with every conceivable med an inmate may be on in the outside world.  Even hospital pharmacies do not stock every drug manufactured.  If it isn't on the formulary then the jail likely does not have to provide it special for an inmate.

    "Some inmates are going thru withdrawal - leading to depression, some of the med withdrawal also has personality changes tied to them such as hositilty and aggression."

    That is one reason why going to jail when addicted is a bad idea.  Even inmates on illegal drugs who go to jail go through withdrawal.  It is a consequence of the poor choice.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Wed, Feb 23 2011 1:16 PM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,797

    No such right...

    A doctor has no medical authority to override the government (a jail).

    The Constitutional standard for medical care in state custody is usually that the state cannot show deliberate indifference to a known medical condition.

    Having represented a ton of people in a Drug Court, docs will very quickly give people whatever meds they want just to make them go away.  Having a prescription doesn't establish any ACTUAL medical condition requiring the meds.

    sapsmiller:
    some of the med withdrawal also has personality changes tied to them such as hositilty and aggression.

    Obviously, a jail isn't going to withhold medication that it can provide if such action is going to cause a security problem that it could avoid.

    The inmate should probably attempt to have his doctor communicate with the jail.  The jail isn't going to listen to the inmate on medical issues.

  • Wed, Feb 23 2011 1:28 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 49,650

    Re: No such right...

    I have a real problem with my tax dollars being used to address noncritical problems of  folks  in jail --or the justification of a local hospitals tax exempt status on partial grounds that it provides services to the local prison and thus abates a government duty to do so. 

     

    And I'm not very open on if a cancer patient in a prison is entitled to weed for medical purposes if legally prescribed under local law.



  • Tue, Feb 14 2012 1:00 PM In reply to

    • WPowell
      Consumer
    • Not Ranked
    • Joined on Tue, Feb 14 2012
    • FL
    • Posts 1

    Re: No such right...

    My friend is in holding now until her hearing next week. She has been in for 5 days and they refuse to give her the medications she had on her when she was initially booked.

    They are a Thyroid medication and a blood pressure medication. Surely, her physician could have been phoned by now to verify her need for at least her thyroid medication - She has repeatedly asked for her medications, her mother has phoned numerous times as well as her son.

    These aren't narcotics we're talking about here, there is potential for a heart attack...

    What are her rights? Should she have her GP try to phone the jail?

    Please advise, she won't be in for very long, she is being processed for Retail theft - I don't anticipate they will keep her incarcerated after her hearing on Feb 21st...

  • Sat, Sep 28 2013 9:07 PM In reply to

    • dozerpart2
      Consumer
    • Not Ranked
    • Joined on Sun, Sep 29 2013
    • MN
    • Posts 3

    Re: No such right...

    If these people are being prescribed medications that are not medically necessary, then why arent the jail docs reporting them. Total B.S. If your doctor prescribes you medication they obviously feel you need it. My boyfriend sittin in county right now turned himself in for 10 days because he got a DUI after hitting a deer on his motorcycle 3 months ago. His body has been through major major trauma he brought his own meds in with up to date prescriptions and they are withholding his hydrocodone. They told me their doctor determines weather a script is medically necessary so I hope that doc has medical records on my boyfriend to prove he reviewed the situation and providing info on why he feels it is not needed.

  • Sat, Sep 28 2013 9:09 PM In reply to

    • dozerpart2
      Consumer
    • Not Ranked
    • Joined on Sun, Sep 29 2013
    • MN
    • Posts 3

    Re: No such right...

    The county right next to us gives their inmates all of their prescribed meds. I just don't get it. And how can a doctor make medical decisions for someone he has never met?

  • Sat, Sep 28 2013 9:10 PM In reply to

    • dozerpart2
      Consumer
    • Not Ranked
    • Joined on Sun, Sep 29 2013
    • MN
    • Posts 3

    Re: right to receive prescribed medications while jail inmat...

    In my case the jail does not have to supply the medication you bring your own in so what is the reason my boyfriend is not getting his hydrocodone?

  • Sat, Sep 28 2013 9:46 PM In reply to

    Re: right to receive prescribed medications while jail inmat...

    dozerpart2:
    In my case the jail does not have to supply the medication you bring your own in so what is the reason my boyfriend is not getting his hydrocodone?

    Hydrocodone is a narcotic pain killer. Controlled substances in prisons and jails pose a variety of problems and often their use is extremely limited. While the drug may provide relief from pain, it is likely not medically necessary to treat the actual underlying problems. Thus, given the potential problems of controlled substances in jails and the fact that it is likely not strictly speaking medically necessary the jail may be the reasons underlying the decision. But he'd have to ask the jail officials to find out the specific reason in his case.

  • Sat, Sep 28 2013 10:35 PM In reply to

    Re: right to receive prescribed medications while jail inmat...

    TaxAgent:  a newbie activated a thread that is two years old and hadn't had any activity in a year.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Sep 28 2013 10:52 PM In reply to

    Re: right to receive prescribed medications while jail inmat...

    ClydesMom:

    TaxAgent:  a newbie activated a thread that is two years old and hadn't had any activity in a year.  

    I know, but the new person asked a question, and I was addressing the new person's question, not the OP.

Page 1 of 1 (11 items) | RSS

My Community

Community Membership New Users: Search Community