THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 2.38 The Prison Regulations 200037 encompasses various issues concerning health care in prison. Regulation 738 for example specifies that in every prison, an infirmary or proper place for the reception of sick prisoners shall be provided; while Regulation 18(1)39 concerns medical examinations of prisoners: “every prisoner shall, as soon as possible after his admission, be separately examined by the Medical Officer, who shall enter in the prisoner’s record particulars of the prisoner’s state of health and any other particulars as he may deem necessary.” 2.39 Part 21, Divisions III and IV of the Regulations mention in brief the respective roles of the Medical and Dental Officers, while Regulation 23040 states that every prison shall have, if possible, a resident Medical Officer who shall attend at the prison daily. With regard to the definition of a Medical Officer, reference is made to the Prison Act 1995. In general, Medical Officers: • Shall examine every prisoner as early as possible after admission and make in the prison record the entries required by Regulation 18; • Shall report to the Officer-in-Charge the case of any prisoner whose mind has been or appears likely to be injuriously affected, and give such written directions in the case as he may think proper; and shall report in writing the case of any prisoner appearing to be mentally disordered; • Keep a Journal in which shall be entered day by day his comments on the state of the prison and prisoners; • Report in writing to the Officer-in-Charge the case of any prisoner to which he thinks it necessary on medical grounds to draw attention and shall make such recommendations as he deemed needful for the alteration of the discipline or treatment of the prisoner or for the supply of additional articles to the prisoner; • Whenever the Medical Officer is of the opinion that the life of a prisoner will be endangered by his continuance in prison or that a sick person will not survive his sentence or is totally and permanently unfit for prison http://www.prison.gov.my/portal/page/portal/english/undang2_en accessed on 29/2/16 Regulation 7- Hospital accommodation: “In every prison an infirmary or proper place for the reception of sick prisoners shall be provided.” 39 Regulation 18- Medical examination: “(1) Every prisoner shall, as soon as possible after his admission, be separately examined by the Medical Officer, who shall enter in the Prisoner’s Record particulars of the prisoner’s state of health and any other particulars as he may deem necessary. (2) No prisoner shall be sent to labour until the Medical Officer has certified that he is fit to perform such labour. (3) Every prisoner shall be examined by the Medical Officer before being discharged or removed to another prison. (4) The Medical Officer may, with the approval of the Officer-in-Charge, at any time arrange for any prisoner to undergo any medical test, as he may deem fit. (5) A prisoner due for discharge who is suffering from any acute or dangerous illness shall be transferred to a government hospital.” 40 Regulation 230- Resident Medical Officer and attendance at prison: “Every prison shall have, if possible, a resident Medical Officer who shall attend at the prison daily.” 37 38 27