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April 25, 2009
Judge orders changes in medication distribution at women's prison
Judge orders changes in medication distribution at women's prison
By John Diedrich of the Journal Sentinel
Apr. 24, 2009
A federal judge ruled Friday that the Wisconsin Department of Corrections must make changes to its inmate prescription system at Taycheedah Correctional Institution and hire licensed practical nurses to hand out drugs there, all within two months.
Chief U.S. District Judge Rudolph Randa's order came in response to an American Civil Liberties Union motion for an injunction forcing the state to make changes.
The action is part of a federal class-action lawsuit the ACLU filed in 2006 on behalf of inmates at the state's largest women's prison.
The ACLU contends the state is violating the rights of Taycheedah prisoners by having guards without medical training dispense drugs to inmates, routinely resulting in the wrong medications or wrong dosages being given to inmates.
The state admits there are problems but says it is working to fix them. It argued that it has a plan to hire nursing assistants to hand out drugs and that the ACLU's timetable was unreasonable.
Randa disagreed, writing that "matters of administrative convenience must ultimately give way when constitutional rights are in jeopardy."
Randa ordered the state to draw up a plan to hire licensed practical nurses for Taycheedah within a week and have them in place in 60 days.
On the issue of computerizing the prescription system, Randa gave the state two months to take "interim steps" to improve drug distribution accuracy.
It's unclear what the financial effect of the changes will be or whether they could ultimately be applied at all Wisconsin prisons.
Department of Corrections spokesman John Dipko said he did not know how many nurses would be hired or how much it would cost. In 2006, the department estimated it would cost $5.2 million a year to have 102 nurses dispense medication at all state prisons. Randa's order pertains to only Taycheedah, but Dipko said the agency is "always looking at making improvements" to all institutions.
Dipko said agency officials had not determined whether they will appeal the order, but even if they do, they will comply with the order in the meantime.
Larry Dupuis, legal director for the ACLU of Wisconsin, said, "Judge Randa has taken a huge step toward alleviating the needless pain and suffering caused by Taycheedah's failed medication system."
The ACLU's lawsuit, which addresses medical, mental health and dental care at the prison, is separate from an agreement reached between the state and U.S. Department of Justice last year over mental health care at Taycheedah.
The state promised to make wide-ranging mental health improvements at the prison. The agreement was struck under the threat of a lawsuit by the federal government against the state, which according to a federal complaint, has shown "deliberate indifference" to the mental health needs of Taycheedah inmates. A lawsuit is still possible if the state doesn't live up to the agreement.
http://www.jsonline.com/news/wisconsin/43627792.html
Posted by lois at April 25, 2009 01:53 PM