Monday, May 14, 2012

Boone Jail

THIS BLOG IS A MATTER OF PUBLIC RECORD 

The Boone County Jail has avoided accountability in the treatment of men and women
that are picked up in a police car and taken to the Boone County Jail. I am hearing
stories of roughly-treated men and women at the hands of police. This last story has
hit home. I have been requesting basic procedural information on the handling of
medication and support of the handling of medication since February 9, 2012.

The man involved was detained. His medication was handled by Linda Remer, acting
as an RN.  She did not wash her hands nor wear gloves prior to physically handling the
man's prescription medication. Linda Remer handed the pills to a female officer, Tina Ferguson. Tina Ferguson had dirty hands and no gloves on her hands when she handled
the man's medication. The pill(s) were then placed into the hands of an INMATE for identification. The inmate had dirty hands and no gloves.  The doctor on call was never contacted for pill identification and the pharmacist was not notified for pill identification.

The rules of procedure are specific in that handling of medication was to have been with
clean hands, professionally handled, now where does the procedure allow for an inmate to make a pill identification. 

You be the judge. 

BOONE COUNTY JAIL'S RESPONSE: 

Ms. Sarah Marie: 

We would like to answer your question posted, but we would need more clairifcation about what you are asking. Are you asking about deputies handling medications? Are you asking about jailers handling medications? And whose medications are you speaking about. Thank you for your cooperation. 

Boone County Sheriff Dept. 
 5800 Law Dr. Harrison, AR 72601 
870-741-8404 FAX: 870-429-1617 

MY RESPONSE: 

Both. What is the proper procedure for any person in your job arena in handling a jailed persons medication. I just want to know what the proper procedure is. There is a procedure
to follow for every instance in all jobs in life. I simply desire to know. 

Sarah 

BOONE COUNTY JAIL'S RESPONSE: 

Hello, My name is Jason L. Day. I am the Jail Administrator for the Boone County Detention Center. In response to your request I hope I am able to help you. The inmates medication is prepared, packed and handed out by the Registered Nurse here on staff during the week. For the weekends the meds are packed by the RN and handed out by the Detention staff. The RN is also on call after hours along with our Doctor should any other need arise. I hope this is helpful and addresses your questions. If not please feel free to contact me at this e-mail at any time. 

Jason L. Day Jail Administrator 
Boone County Detention Center 
5800 Law Drive Harrison, AR 72601 
870-429-1406 

MY RESPONSE: 

THIS EMAIL IS A MATTER OF PUBLIC RECORD 

Send a copy or link to the jail's policies and procedures regarding the exact handling of an inmate's medication along with the Standard Precautions to Prevent Spread of Communicable Diseases. This is a second notice requesting the above information. This is information which is required to supply. matters concluded. 

Sarah Marie 

BOONE COUNTY'S RESPONSE: 

Im sorry I was out of the Office last week. I will be sending the information requested today. Thank You THE INFORMATION REQUESTED WAS MAILED MARCH 15, 2012. 

MY RESPONSE: 

Mr. Day: 

After reading the documentation which you had sent to me, several points of interest appear
to be in need of addressing. 

Page 1. Paragraph 1. [37.1] 

"POLICY: It is the policy of this agency that precautions be taken to identify and prevent the spread of contagious disease. Due to the constant occupancy and traffic in the Detention Facility, it is extremely important to both detainees and department personnel to make themselves aware of and follow at least some minimum guidelines suggested to prevent the spread of contagious disease." 

The first and foremost statement your agency acknowledges is that precautions must be
taken. I believe this is equal to due diligence. Second the POLICY statement
acknowledges the constant flow of people being arrested/detained in your facility.
Thirdly, due to this constant flow of people, your officers and medical people have
an obligation to "prevent the spread of contagious disease." 

Page 2. Section 3. [37.2] 3. 

Infection Control Procedures. Enumerates the bodily fluid and substances that
Infection Control Procedures encompass. Nothing in this paragraph detracts
from the "Policy" of preventing spread of disease. 

Page 4. Section 5 [37.4] 5. 

Detainee Testing. a. The Detention Facility shall provide CONFIDENTIAL and
 equal access to appropriate services for all persons, including those who are
infected with HIV or who have AIDS, in our custody. (3) Prompt and accurate
dispensing of prescription medications. 

b. Confidentiality of Medical Information - All medical information, including
information about HIV/AIDS Infection, must be treated confidentially, as provided
by law. The Detention Facility Doctor or designee shall determine who has a need
to know this information, and shall document its release and the reasons for its
release in the detainee's medical record. HIV status shall not be released to non-
medical personnel unless written consent, specifying certain individuals or certain
classes of persons, is obtained from the detainee, or a person or entity legally
authorized to consent on behalf of the detainee. Non-medical personnel receiving
such information shall keep this information confidential and not release it to others.
Inmates, parolees, detainees, probationers, or others in custody or under supervision
who access medical information must be informed about all provisions of confidential
policies. Documentation should be made that personnel have been informed of the
confidentiality policy and that failure to adhere to policy may result in both civil and
criminal liabilities. 

Confidentiality is a very easily understood concept. Up to this point in the Section
036 there is no mention of nor any provisions for the fondling of medication by other 
inmates or any non-trained medical persons. The paragraph very specifically
mentions "all medical information" must be treated confidentially. "The Detention 
Facility Doctor or designee shall determine who has a need to know this 
information, AND SHALL DOCUMENT its release and the reasons for its 
release in the detainee's medical record."  

Bring forth the documents evidencing the release of information on how _____'s
medication was handled and why an inmate's non-medical opinion was sought after
rather than the doctor on call. THIS IS NOT AN OPTION. 

Page 6 Section A. [37.6] 

GENERAL PRECAUTIONS. Points 2 and 3 specifically address handwashing to
be a routine practice, ESPECIALLY after handling detainee's clothing, food items, etc. 

The female officer and Nurse did not wash hands before or after handling _____'s
medication. VERY CARELESS INDEED. 

The last page enclosed is not in numerical sequence that would evidence its connection
with the above documents. There is no way for a reasonable person to ascertain whether
or not crucial information is being withheld. 

 However, 

Page 11.3 (3) Dispensing Medications (b) The supervisor on shift dispenses all 
medication to detainees in accordance with prescription instructions or the 
instruction of the Detention Facility Nurse. 

There are no provisions in this section for inmates handling any other detainee's
medication. If the Detention Facility Nurse instructed the female officer to hand _____'s
medication over to the inmate for any reason, then one must assume that the nurse
documented such order/instruction. I want to see a complete copy of that nurse's entries regarding _______. 

Sarah Marie 
Director 

BOONE COUNTY'S RESPONSE: 

After reviewing your April 13, 2012 correspondence, it appears that the only documents
you are requesting are ______’s personal medical records. _____ has not authorized
us to release his medical records to you. If ______ will provide us a notarized
authorization to release ____ medical records to you, we will produce any of those
records that are in our possession to you. As to the remaining portions of your
correspondence, it appears that you are requesting me or someone from our office to
draft a response to your questions. The FOIA applies only to documents that are in
existence, and we are not required to create documents for you. To the best of my
knowledge and belief there are no responsive documents for these portions of your correspondence. 

MY RESPONSE: 

THIS EMAIL IS A MATTER OF PUBLIC RECORD 

You took 20 days to respond to your job? 

Let's address this on a point by point basis rather than that sloppy blanket response
of "sounds like." 

Page 11.3 (3) Dispensing Medications (b) The supervisor on shift dispenses all
medication to detainees in accordance with prescription instructions or the instruction
of the Detention Facility Nurse. 

Provide the proof and evidence that the "supervisor on shift dispensed all medications
to detainees in accordance with prescription instructions." This is not creating new
documents. This is not handing over private information. This might just be the logs
for the shift of said supervisor on duty. This is supporting your rules and procedures
and public policy. 

FYI: Your people threatened ____ with Tazer tag while he was held in YOUR jail.
HELPLESS to defend himself against violent behavior. 

YOUR people endangered his life with handing ____'s medication over to an inmate.
Technically speaking I think you and your cronies can be charged with dealing drugs.
[so says an ex-cop]. 

You personally will be held accountable for everything that happens in your jail as you
are the head person. This matter is going public. 

Sarah 
Director 

BOONE COUNTY'S RESPONSE: 
 
The request you asked for was turned over in a timely manner to the Attorneys. The
response time was up to them when I received response. 

MY RESPONSE: 

Jason, I know an attorney response when I read one. 

This is your jail. As head person, just as with a CEO,you are responsible for
everything that happens there. Those people answer to you, not an attorney. That is
part of the position, duties and responsibilities. 

I am asking for an accounting, information that is reasonable and lawful that any
one would want to know as a taxpayer. The judge, prosecuting attorney, police, etc.
All of you receive your paychecks because of the men and women of Boone County.
You are the employee, the people out here are the Directors and Shareholders. 

The rules and regulations that were sent to me evidence very specific actions to take
and not to take. I am asking as a Director and Shareholder for those documents which
have already been created by those during the shift documenting their activities which
support the rules and regulations that are to be abided by. 

Unless you are saying that these records do not exist; that there is no record of the
supervisor on shift documenting his or her actions. If that is so, then say so. If it is
not so, then I feel it is important to see those documents from that shift.

Sarah Marie
Director. 

P.S. By the way, that attorney that responded stated I requested information under
a FOIA. Whoever that person is either has admitted that all of you are directed by
the feds or that person is incompetent. A FOIA is federal level. 

If that person is saying that you are directed by the Feds, I am here to personally tell
you that the Feds have absolutely ZERO, NADA, ZILCH authority and jurisdiction in
any Boone County matter. They have no authority or jurisdiction outside of D.C. and
forts etc. That person ought to research the Constitution of the United States of
America. However, if that has not happened as of yet and they have some
degree to "practice" law, maybe that person ought to give the degree back and
ask for a refund on the college tuition. No disrespect intended.