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CorrectCare
Legal Affairs
Correctional Nursing: What’s
Wrong With This Picture?
By Patricia Blair, JD, LLM, MSN, CCHP
The goal of correctional health care is to deliver to inmates
adequate health services that encompass minimally acceptable
standards. To achieve this goal, sufficient and adequately
qualified nursing staff must be present, since inmates’
health outcomes depend largely on the presence of nurses and
how well they assess, diagnose and treat health complaints.
The nurse’s ability to practice in the profession is
largely determined by his or her educational preparation. But
regardless of basic educational training, nurses generally are
not prepared to perform adequately in correctional health care
settings, according to the National Council of State Boards of
Nurses.
How nurses practice in these settings depends upon many
factors, as evidenced by the following case study, which was
developed from stories by nurses practicing in correctional
health care settings. There are many lawsuits with similar
fact patterns that support the notion that the case study is
not pure fiction.
Case Study
A correctional nurse expert is called upon to help identify
the issues in a class action lawsuit filed by several inmates
alleging inadequate medical treatment. The attorney wants an
explanation of whether standards of nursing care were
violated. The facts of the case are as follows.
Eight nurses provided health care coverage to 1,570 female
inmates in a medium-security correctional facility in a
Midwestern state. Three of the nurses were associate degree
registered nurses with less than two years of correctional
nursing experience. The other five were licensed vocational
nurses with less than one year of correctional experience.
At the time of trial, the remaining health care staff
consisted of the health services director, the nurse
administrator, one full-time physician, one part-time
gynecologist and two outside consultants who collectively
practiced general medicine at the prison clinic three hours a
day, four days a week. In addition, dermatology, neurology,
podiatry and optometry clinics were held on an irregular basis
several times a year. Hospital services were provided by
community facilities.
During sick call, one nurse listened to requests for care
and, without standing orders, protocols or a physician’s
order, dispensed medications during the clinic’s one-hour
session held twice daily in one of the prison’s residence
halls.
The nurse’s assessments were based on cursory glances at
inmates in line outside a locked and barred cashier’s
window. Because of this physical barrier, there was no
opportunity for a physical examination to determine the nature
and extent of the patient’s ailment. The average time a
nurse spent with each inmate was 15 to 20 seconds, and based
on that nurse’s assessment notes of complaints, another
nurse assigned priorities in scheduling appointments with
physicians.
The eight nurses operated the lobby clinic; prepared the
physician appointment schedules; called correctional officers
to escort patients to the clinic for appointments; conducted
rounds in the reception, segregation and infirmary buildings;
and assisted during all physical examinations. They also
responded to emergency calls from the correctional officers,
handled routine health care inquiries, and conducted the
initial interview and screening of new admissions.
One issue the court will address is whether physicians,
nurses and correctional personnel interacted effectively to
ensure that prescribed health care services were provided
promptly. In undertaking this inquiry, the court will focus on
nurses and the services they primarily provide.
The Expert’s Findings
Inadequate and inappropriate
staffing led nurses to routinely make independent clinical
decisions that were beyond their education, training and
experience in this correctional health care setting. This
practice is troubling because the probability of being
disciplined by state boards of nursing and of being named in
medical malpractice lawsuit increases for these nurses.
According to one leading correctional nurse expert, nurses
with at least a baccalaureate degree in nursing and who
practice in correctional health care at least three years
become more competent because they tend to adhere closer to
their legally defined scope of practice. They also tend to
question ethical and environmental issues that may adversely
impact their practice.
Even if the nurses in this case had the appropriate
education and training for the decision-making needed, the
physical environment in which health care was administered
affected the quality of care delivered. For example, the
physical barriers that separated the nurse from inmates did
not allow for the performance of complete physical
examinations.
Performing full initial nursing assessments is a crucial
role of RNs, as is the secondary nursing assessments performed
by LVNs. Having no assessments, or severely restricted
assessments, adversely affects the quality of interventions
inmates receive for their health problems. Assessment data is
the foundation upon which nursing care is planned and
executed. When nurses fail to obtain this data, they severely
comprise patients’ safety, violate their nursing practice
act and therefore jeopardize their ability to continue in
practice.
The ethical principle that underlies all nursing practice
is respect for the worth, dignity and rights of patients. This
principle has been codified in nursing practice acts and state
laws in that failure to maintain confidentiality of patient
information is considered unprofessional conduct and a tort.
In this case, nurses routinely violated patients’
confidentiality during sick call and lobby clinic because
nurses obtained medical information in the presence of other
inmates who were in line.
Medication dispensing is a violation of state nursing
practice acts and pharmacy acts. Nurses who dispense
medications are subject to discipline by both state boards of
nursing and pharmacy.
Nurses practicing in this environment did not have an
adequate number and appropriate skill-mix of nurses to
administer care that followed minimum nursing standards. They
were trying to do too many things in too many areas to be
effective. Patients’ well-being was at risk. Whether nurses
were using any nursing judgment in continuing to multi-task in
this environment is questionable and makes them susceptible to
investigation by the board of nursing and the court system.
Correctional officers’ control over the movement of
inmates extends to their access to health care and to nurses’
access to inmates. Correctional officers should be trained to
respond appropriately to inmates’ health care complaints,
and available to escort inmates from housing to clinic areas
to meet scheduled health care appointments.
Onus Is on Nurses
Nurses owe a duty to
patients that is independent of that owed by the state. This
duty stems from their nursing licenses and the laws governing
them, and does not change based on clientele or practice
settings. Therefore, nurses should assure that they adhere to
their duty to patients in correctional settings through
continuous self-assessment. The onus is on individual nurses to
determine the duty of care owed to patients, to determine their
abilities to provide the required standards of care and to
notify appropriate officials of their competence level.
Additionally, nurses must be proactive in advocating for
patients by participating in the development and implementation
of nursing policies.
Given the demands on nurses in correctional environments, I
suggest that they take the following steps:
- Seek support from nursing schools and correctional systems
in obtaining, at minimum, baccalaureate degrees in nursing
- Demand adequate training so that they may function more
effectively and appropriately in these settings
- Insist on receiving and participating in regularly
scheduled in-service education that emphasizes issues of
correctional health care, ethical standards, security and
care delivery in these compromising environments
I also encourage nurses to collaborate with correctional
officers to attain health care and security goals without
jeopardizing the delivery of nursing care that meets at least
minimum standards.
Correctional officials must take responsibility, too. I
recommend that they seek input from nurses on how environmental
factors, including their action or inaction, contribute to the
quality of health care provided to inmates. They also must
provide infrastructure that supports the goal of quality nursing
care for inmates.
By pursuing this goal proactively, nurses, correctional
officials and other stakeholders can modify the provision of
correctional health care to improve inmates’ general health,
reduce health care costs and decrease related litigation.
— About the author:
Patricia Blair, JD, LLM, MSN, CCHP, is an associate professor
with the University of Texas Medical Branch School of Nursing,
Galveston, where she has worked since 1993. Her career has
included work as a clinician, educator, researcher, consultant
and practicing attorney. Current areas of interest are legal,
ethical and policy issues in correctional health care and
nursing practice. To contact her, e-mail pablair@utmb.edu.
[This article first appeared in the
Fall 2002 issue of
CorrectCare.]
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