501 KAR 16:310. Pre-execution medical

actions.

 

      RELATES TO: KRS 196.030, 196.070,

196.180, 431.213-431.270

      STATUTORY AUTHORITY: KRS 196.035,

197.020, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department

of Corrections to promulgate administrative regulations necessary and suitable

for the proper administration of the cabinet or any of its divisions. KRS

431.220 establishes requirements for the execution of the death penalty. This

administrative regulation establishes medical actions to be performed after

receipt of the execution order and prior to the execution.

 

      Section 1. Pre-execution Medical Actions

after Receipt of Execution Order. (1) For the fourteen (14) days prior to an

execution, or for the remaining days if an execution order is received less

than fourteen (14) days prior to an execution:

      (a) All medical documentation shall be

made in special notes in the condemned person’s medical record.

      (b) The department shall arrange for

nurse visits and checks on the condemned person during each shift daily. The

contacts and observations from these nurse visits and checks shall be recorded

in the special notes of the medical record referenced in paragraph (a) of this

subsection. The nurse notes shall state the presence or absence of signs of

physical or emotional distress observed.

      (c) A licensed psychologist shall:

      1. Personally observe and evaluate the

condemned person five (5) days per week on Monday through Friday; and

      2. Document his observations and

evaluations in the condemned person’s medical record immediately after personal

contact with the condemned person.

      (d) The designated medical professional

shall review and sign the nursing documentation referenced in paragraph (b) of

this subsection daily.

      (e) A psychiatrist shall review the

nursing documentation referenced in paragraph (b) of this subsection and any

other mental health or medical documentation weekly.

      (2) For the seven (7) days prior to an

execution, or for the remaining days if an execution order is received less

than seven (7) days prior to an execution:

      (a) A doctor or advanced practice registered

nurse shall:

      1. Complete a physical examination; and

      2. Place the documentation of the

physical in the condemned person’s medical record upon completion of the

documentation.

      (b) A psychiatric interview and

evaluation shall be:

      1. Completed;

      2. Placed in the condemned person’s

medical record; and

      3. Sent to the warden.

      (3) The designated medical professional

shall:

      (a) Personally observe and evaluate the

condemned person’s medical condition at least twice on nonconsecutive days; and

      (b) Document his observations and

evaluations in the special notes of the condemned person’s medical record

immediately after personal contact with the condemned person.

      (4) All Kentucky State Penitentiary

medical and mental health staff shall be instructed to immediately notify the

warden and the designated professionals of any change in the condemned person’s

medical or psychiatric condition.

 

      Section 2. Pregnancy Testing for Female

Condemned Persons. (1) If the condemned person is female, a pregnancy test

shall be administered.

      (2) If the execution order is received at

least fourteen (14) days prior to the scheduled date of execution, a pregnancy

test shall be administered:

      (a) Fourteen (14) days prior to the

scheduled date of execution; and

      (b) Seven (7) days prior to the scheduled

date of execution.

      (3) If the execution order is received

less than fourteen (14) days prior to the scheduled date of execution, a

pregnancy test shall be administered as soon as practicable. A physician shall

determine if a second pregnancy test is feasible given the date the execution

order is received and when the initial pregnancy test is taken.

      (4) If a pregnancy test is positive,

then:

      (a) The department shall give notice to the Attorney

General or his designee, the condemned person’s counsel, the condemned person, and the Governor’s

Office or court issuing the mandate that the condemned person is pregnant; and

      (b) Suspend the execution pursuant to KRS 431.240(2).

 

      Section 3. Insanity Issues. (1) If the

warden receives information from medical or mental health staff that the condemned

person may be insane as defined in KRS 431.213(2), the warden shall inform the

designated medical professional.

      (2) If the designated medical

professional receives information from the warden or department medical or

mental health staff, he shall determine if the information is:

      (a) The opinion of the department

psychiatrist; or

      (b) If the information is not from the

department psychiatrist, whether it is sufficient to indicate that an

additional department psychiatric evaluation needs to be performed on the

condemned person.

      (3) The designated medical professional

shall order a department psychiatric evaluation if he determines one is needed.

      (4)

If a department psychiatric evaluation determines that the condemned person may

be insane as defined in KRS 431.213(2), the department shall:

      (a) Give notice to the Attorney General or his

designee, the condemned person’s counsel, the condemned person, and the Governor’s

Office or court issuing the mandate that the condemned person appears to be insane;

and

      (b) Suspend the execution pursuant to KRS

431.240(2) to allow procedures consistent with KRS 431.2135. (36 Ky.R. 1563; Am.

2092-M; 2041-A; eff. 5-7-2010; 39 Ky.R. 606; eff. 2-1-2013.)