THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT place and prison doctors should hold responsibility for the organisation and maintenance of medical files of all prisoners under their care.115 In this regard, the principle of equivalence of care requires prison health‑care professionals to establish and maintain a medical record file for each prisoner.116 4.19 Respect for confidentiality is vital in guaranteeing an atmosphere of trust, which is necessary for the doctor–patient (prisoner) relationship. While it should be the duty of the doctor to preserve such a relationship and to decide how to observe the rules of confidentiality, the Commission observed that some prison doctors failed to meet these basic ethical standards. (ii) Medical Services Adequate facilities, equipment, and resources 4.20 According to the American Bar Association Criminal Justice Standards on the Treatment of Prisoners,117 hospitals (sick bays) and infirmaries operated by or within prisons should meet the licensing standards applicable to similar, non-prison hospitals or infirmaries. 4.21 In general, the Commission observed that prisoners who require inpatient care, on the recommendation of the prison doctor will be admitted to the prison sick bay. Although most prisons had sick-bay facilities, there were prisons that did not enjoy such facilities. As a result, sick prisoners remained in their cells, possibly risking disease exposure to other prisoners. 4.22 The Commission takes note of the feedback from the Prisons Department of Malaysia in that the sick bays in prison are insufficient to meet their demands. PRISON HEALTH CARE AND MEDICAL ETHICS: A manual for health-care workers and other prison staf with responsibility for prisoners’ well-being by Andres Lehtmets and Jörg Pont. Accessed via http://www.coe.int/t/dgi/ criminallawcoop/Presentation/Documents/Publications_HealthCare_manual_Web_A5_E.pdf on 19/2/2016. 116 The file should contain a full medical history, the results of the medical examination on admission, all available medical records related to the patient, including all consultations at the patient’s request, with the doctor’s findings, advice and treatment given. 117 Standard 23-6.6 of the ABA CRIMINAL JUSTICE STANDARDS ON THE TREATMENT OF PRISONERS 2010 accessed via http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/treatment_of_prisoners_ commentary_website.authcheckdam.pdf on 1/3/16 115 67

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