Medical Records Confidentiality

DEPARTMENT
OF
CORRECTION

DIRECTIVE NUMBER:

401.06.03.061

PAGE NUMBER:

1 of 3
SUBJECT:
Medical Records
Confidentiality

Adopted: 06-01-95
Revised: 06-15-99
Reformatted: 02-2001

INSTITUTIONAL
SERVICES
DIVISION
01.00.00. POLICY OF THE DEPARTMENT

It is the policy of the Idaho Board of Correction that the Department of Correction
ensure proper medical, dental, psychiatric and psychological services and treatment be
provided to inmates incarcerated under its jurisd iction, including those state-sentenced
offenders held in non-IDOC facilities.

02.00.00. TABLE OF CONTENTS

01.00.00. POLICY OF THE DEPARTMENT
02.00.00. TABLE OF CONTENTS
03.00.00. REFERENCES
04.00.00. DEFINITIONS
05.00.00. PROCEDURE

03.00.00. REFERENCES

Idaho Code, Title 9, Chapter 3, Public Records Act, 9 -337 through 9-350.

Idaho Department of Correction Administrative Policy, 108C.

Standards for Adult Correctional Institutions, Third Edition, Standards 3 -4377.

Standards for Health Services in Priso ns, P-61.

04.00.00. DEFINITIONS

Facility Health Authority: The on-site Health Authority or senior health staff assigned.

Medical Authority: Idaho Department of Correction Health Services Chief.

Medical Director: A physician (M.D.) either employed by the Idaho Department of
Correction or the physician in charge if medical services are privatized.

Qualified Health Professional: Physician, physician assistant, nurse practitioner, nurse,
dentist, mental health professional and others who by virtue of t heir education,
credentials, and experience are permitted by law within the scope of their professional
practice are to evaluate and care for patients.

DIRECTIVE NUMBER:
401.06.03.061

SUBJECT: Medical
Records Confidentiality

PAGE NUMBER:
2 of 3

Regional Health Manager: The individual assigned as the primary manager who is
administratively responsible for the delivery of medical services if health services are
privatized.

05.00.00. PROCEDURE

The active health record shall be maintained in the medical unit at the facility holding the
inmate. The health record will be filed separately from the co nfinement record except
during transit periods.

Access to the health record shall be controlled by the medical health authority or his/her
designee.

Any information gathered or recorded about alcohol or drug abuse shall be
confidential under federal regulations.

The inactive health record shall be maintained at the records section of IDOC central
office when an inmate leaves the custody of the Department of Correction.

The facility health authority shall share information which includes access to the me d file
with the facility administrator (warden or superintendent) or designee on a need -to -know
basis, concerning an inmate’s medical management and security requirements.

When divulging any information, the confidential relationship between physician
and patient extends to inmate patients and their physicians or other health
providers.

There also may be circumstances which justify advising correctional staff
concerning appropriate housing and/or working conditions resulting from an
inmate’s health status, or to protect the health and safety of the inmate, other
inmates and the correctional staff.

In most instances, unless required by law, it is not necessary to reveal specific
diagnosis.

In the case of unit team management concerns the Department
psychologists and social workers shall have access to the medical file in
the medical units.

Medical records or copies thereof will only be released to the following individuals and
only under the following specific circumstances.

By court order.

DIRECTIVE NUMBER:
401.06.03.061

SUBJECT: Medical
Records Confidentiality

PAGE NUMBER:
3 of 3

By written request of the inmate’s designated attorney, upon the attorney’s
letterhead with attached signed consent of release of information.

Records will not be released to inmate legal representatives.

By written request of an inmate designated physician upon that physician’s
letterhead with attached signed consent of release of information.

Another state agency upon transfer or our Department staff - i.e.: Problem lists
to those (social workers) responsible for parole plan preparation.

Upon submission of a written request by the inmate to the records custodian, the
request will be reviewed and processed in accordance with the requirements of
the Idaho Public Records Act and IDOC Administrative Policy 108.

___________________________________________ _____________________
Administrator, Institutional Services Division Date