Q： Under what circumstances may an inmate apply for medical treatment on bail?

Ans：

Legal Basis: Article 58 of the Prison Act

1. Paragraph 1: If an inmate suffering from diseases cannot receive appropriate treatment in prison, it may be taken into account to release him/her on bail for medical treatment, to transfer him/her to a specific prison or hospital with permission of the supervisory authority. (The approval authority is the Ministry of Justice.)
2. Paragraph 2: Prison authority may take measures in Paragraph 1 that if it is emergent, the prison authority shall grant permission.(If the remaining sentence is less than 5 years, the chief of the organization will make the decision. If the remaining sentence is at least 5 years, the Ministry of Justice shall be requested by telephone to give approval.)

Q： What information shall be prepared with respect to application for medical treatment on bail? What is the application procedure?

Ans：

The application procedure is divided into normal and emergency procedures for medical treatment on bail:

 (I) Normal Procedure for Medical Treatment on Bail

1. A medical certificate is provided.
2. The organization sends the application to the Agency of Corrections, Ministry of Justice for review and approval.
3. The Ministry of Justice gives approval.
4. One or more family members visit the prosecutor’s office in the area where the organization is located to complete the bail process.

 (II) Emergency Procedure for Medical Treatment on Bail

1. The organization sends a letter along with a medical certificate, a notice of critical condition, and a photocopy of the status book to request the prosecutor’s office in the area where the organization is located to process the application within the scope of its duties.
2. One or more family members are notified to visit the prosecutor’s office to complete the bail process for the emergency procedure of medical treatment on bail.
3. After the inmate is released on bail, an application will be submitted to the Ministry of Justice for medical treatment on bail.

Q： What are the requirements for medical treatment on bail?

Ans：

1. The period of medical treatment on bail is not included in the term of sentence and shall last for a maximum of one month each time. If the inmate has not fully recovered by the end of the period, the organization will submit the relevant certificates to apply for an extension.
2. Paragraph 2: During the period of medical treatment on bail, representatives from the Prison will pay irregular visits to the inmate to check his/her condition as the basis for extension. There shall be at least one such visit each month.

Q： Under what circumstances may an inmate apply for medical treatment under guard and control?

Ans：

Legal Basis: Article 57 of the Prison Act: If an inmate requests self-paid medical treatment, the prison authority shall grant permission.

Q： What is the application procedure for medical treatment under guard and control?

Ans：

1. Based on the condition of the patient, if the current equipment in the Prison is unable to provide proper care, a physician of the Prison will write a referral letter to the Sanitation and Health Section.
2. The physician will also issue a medical order to the inmate patient to prepare a report.
3. After the report is approved by the Superintendent, it will be sent to the Sanitation and Health Section for medical treatment under guard and control.

Q： What are the requirements for medical treatment under guard and control?

Ans：

The cost of medical treatment under guard and control shall be borne by the inmate or his/her family members. If the inmate is impoverished, he/she shall provide the relevant certificates (certificate of low income and certificate of poverty) to apply for a subsidy.

Q： If an inmate had been taking any specific medicine for any illness before he/she was sent to the Prison, are his/her family members required to send the medicine to the Prison for the inmate?

Ans：

According to the Regulations on the Application Process for Medicines Mailed (Delivered) Externally to the Tainan Prison:

(I) Legal Basis: In accordance with Article 75 of the Enforcement Rules of the Prison Serving Act: “Medicines claimed by the prisoner to be brought in by the prisoner himself/herself or given by a visiting relative require prior consent from prison's physicians before being permitted for purchase or carrying in. In addition, the medicines shall be distributed only after prison's physicians examine and certify the usage of the medicine. The aforementioned item of medicines shall be recorded with names and in-take dosage in a logbook”.

(II) The application process for medicines mailed (delivered) externally to the Tainan Prison is as follows:

• Medicine brought in by any visiting family member through the gate:

1. The gate officer will notify the pharmacist by telephone for examination (medical certificate, prescription, and medicine).
2. The pharmacist will record the name of the medicine in the register for distribution of inmates’ medicines. After the medicine has been approved by a physician, it will be sent to the worksite and received by the supervisor thereof.

• Mailed medicine will be sent to the pharmacy by the postal parcel officer.

1. The postal parcel officer will send any mailed medicine and medical certificate (or prescription) to the pharmacy.
2. The pharmacist will record the name of the medicine in the register for distribution of inmates’ medicines. After the medicine has been approved by a physician, it will be sent to the worksite and received by the supervisor thereof.

• The pharmacist shall enter the above-mentioned medicine into a medicine record book and the health and medical sub-system for reference.
• Types and restrictions of medicines mailed in postal parcels:

1. Any inmate with illness who needs to have any medicine mailed by his/her family members shall file an application in advance for approval.
2. One or more of the inmate’s family members shall bring the medicine to the Prison in person and complete the relevant process. If none of the family members is able to bring the medicine in person due to long distance, or physical weakness caused by aging or disability, the inmate may apply for the medicine to be mailed in a postal parcel.
3. Any medicine shall be mailed together with a prescription from a physician, a medical certificate from any public or private hospital, and documents identifying the family member(s).
4. If any guard on duty at the outer gate receives any medicine mailed by any family member, he/she shall check whether the medicine meets the requirements of Paragraph 3. If not, the medicine shall be reported to the Sanitation and Health Section.
5. Medicines prohibited from mailing:

a.Drugs containing ingredients under Schedule 1 or 2 of the Controlled Drugs Act published by the Ministry of Health and Welfare (e.g., morphine and heroin).

b.Drug powders with unknown ingredients.

Q： How does the Prison take care of any inmate who needs chronic and long-term medical attention?

Ans：

The Prison takes care of such inmates in patient wards designed like hospital ones.