Correctional Services Act, 1998 (Act No. 111 of 1998)Regulations for the Administration of the Department of Correctional Services of the Republic of South AfricaChapter II : Custody of all Inmates under Conditions of Human Dignity7. Health care |
| 1) |
| a) | Primary health care must be available in a correctional centre at least on the same level as that rendered by the State to members of the community. |
| b) | When a correctional centre is built, specifications must set for that part of the facility which will be utilised for the purposes of health care. |
| 2) | The services of a correctional medical practitioner and a dental practitioner must be available at every correctional centre. |
| 3) | The prison’s correctional medical practitioner is responsible for the general medical treatment of inmates and must treat an inmate referred to him or her as often as may be necessary. |
| 4) | A registered nurse must attend to all sick offenders and remand detainees, which shall include pregnant woman and the mentally ill, as often as is necessary, but at least once a day. |
| 5) | If an inmate is attended to by his or her own medical practitioner of choice such medical practitioner must provide written reports to the correctional medical practitioner made pursuant to the findings of any special examination, diagnoses, proposed treatment, interventions and treatment regimes that may be prescribed by the medical practitioner. |
| 6) | Upon the illness of or injury to an inmate, resulting in the inmate’s hospitalisation or his or her removal to an institution for treatment of a mental affliction, the Head of the Correctional Centre must inform the inmate’s spouse, partner or next of kin accordingly. |
| 7) |
| a) | An inmate may not, even with his or her consent, be subjected to any medical, scientific experimentation or research. |
| b) | An inmate may not participate in clinical trials except with the National Commissioner’s approval given on application made by the inmate. |
| 8) |
| a) | A request from an inmate to donate, or receive an organ or tissue by donation, in accordance with the provisions of the Human Tissue Act, 1983 (Act No. 65 of 1993) must be approved by the National Commissioner. |
| b) | A request from a person to receive any form of artificial fertilization in terms of the provisions of the Human Tissue Act, 1983 (Act No. 65 of 1983) from an inmate must be approved by the National Commissioner. An inmate may not receive any form of artificial fertilisation. |
| 9) |
| a) | An inmate may not be sterilised at State expense unless the procedure is required for medical reasons as certified by the correctional medical practitioner. |
| b) | The National Commissioner may approve an abortion at State expense only in the circumstances contemplated in sections 2(1)(b)(i), (ii) or (iii) and 2(1)(c) of the Termination of Pregnancy Act, 1996 (Act No. 92 of 1996). |
| 10) |
| a) | The provision of medical assistance devices, but not including surgical implants, to inmates at State expense must be prescribed by the Order. |
| b) | All medical assistance devices issued to or received by an inmate from outside the correctional centre must be recorded. |
| 11) | The correctional medical practitioner, environmental health officer or registered nurse must inspect the correctional centre at least once a month and report as prescribed by the Order to the National Commissioner on problems concerning environmental health conditions and health related issues. |
| 12) |
| a) | After release or placement under community corrections an injured inmate is entitled to medical treatment at departmental expense for an injury sustained in correctional centre until the injury is healed. |
| b) | Such a person may be required to report to a correctional centre for further treatment after release or placement under community corrections. |
| c) | A person injured after release or placement under community corrections is not entitled to treatment at Departmental expense. |
| 13) |
| a) | An offender who is certified in terms of Chapter VII of the Mental Health Care Act, 2002 (Act No. 17 of 2002) may not be detained in a correctional centre and must be transferred to a designated health establishment as defined in section 1 of that Act. |
| b) | Before the transfer of such an inmate the inmate must be placed under the special care of the correctional medical practitioner. |
| c) | A person who is directed by a court in terms of sections 77 or 78 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) to be detained pending the decision of a Judge in Chambers in terms of section 47 of the Mental Health Care Act, 2002 (Act No. 17 of 2002), must be transferred as soon as possible to a designated health establishment in terms of section 42 of that Act. |