103 CMR 761.10 - Compliance Procedures
(1) The Food
Service Division shall maintain daily records of inmate compliance with a diet.
A copy of all compliance records shall be given to the dieticians on a monthly
basis.
(2) When an inmate fails to
take a diet meal for seven out of 21 meals, the Food Service director may
notify the Health Services administrator who shall arrange for the inmate to be
seen by a member of the medical staff, within a reasonable time, for
consultation and counseling.
(3)
Should an inmate continue to refuse to take the diet meal, the Food Service
director may notify the Health Services administrator who shall make
arrangements for the inmate to be seen by a dietician, within a reasonable
time, for consultation and counseling.
(4) If an inmate continues to refuse diet
meals which comply with
103 CMR 761.06(1)
after the above steps are taken or
attempted, the Food Service director shall notify the Health Services
administrator, who shall make arrangements for the inmate to sign a Refusal of
Treatment Form. In the event that the inmate refuses to sign this form, two
Department or Contractual Medical Provider staff members, at least one of whom
shall be a medical professional, shall sign the form as witnesses to the
inmate's refusal.
(5) An inmate
shall resume a therapeutic diet upon request, if still medically required by
contacting the Health Services administrator who shall follow the procedures
for access to special diets.
(6)
Inmates shall not be subject to disciplinary proceedings solely for
non-compliance with therapeutic meals. However, inmates on therapeutic diets
shall be subject to disciplinary proceedings, similar to all other inmates, for
giving away any portion of their meals to other inmates. Any staff member that
observes an inmate giving a diet meal to another inmate shall document this
incident via an incident report. This incident report shall be forwarded to the
institution Food Service director who shall forward the incident report to the
medical provider's dietician for the institution.
Notes
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