§ 2-132. County Jail Doctor.

(a)

Position . The official position of County Jail Doctor is hereby created for the purpose of providing the Sheriff access to a physician as a part of the Sheriff's duty to not be deliberately indifferent to the necessary health care needs of jail detainees.

(b)

Appointed County official. Having created this position, the County Jail Doctor qualifies as an "appointed official" as that term is used in Section 4.1.2 of the AACRMF's General Liability Protection Agreement in order that the County Jail Doctor is eligible for AACRMF protection as a "Member." It is understood and agreed that the County Jail Doctor will both individually and through his designated staff, including any physician assistants, dentists, and nurses, the County Jail Doctor asks to assist him or her with sick calls and the provision of other health care services at the jail, over the phone, at the doctor's office or at other locations to which jail detainees are provided health care services under the direction of the County Jail Doctor.

(c)

AACRMF protection. It is understood that the County Jail Doctor is not eligible for AACRMF protection for any alleged medical malpractice liability or other alleged liability as a health care provider but that the County Jail Doctor and/or the County Jail Doctor's nursing staff acting for the County Jail Doctor, would be eligible—as an appointed county official—for AACRMF protection for alleged civil rights liability, for alleged negligence liability other than medical malpractice and for AACRMF lawsuit defense services related thereto (including the assertion of any immunity as an appointed county official).

(d)

Malpractice insurance required . It is a requirement by the County that the County Jail Doctor is required to carry medical malpractice insurance that applies to the Doctor's patients at the County Jail and to all matters related to the practice of medicine at the County Jail.

(e)

Medical judgment. The County Jail Doctor is not an employee of the County and is not under the supervision of the County or the Sheriff or the Jail Administrator. Rather, the County Jail Doctor is an independent professional with specialized knowledge who is to use his or her medical judgment and to practice medicine in the County Jail in the same manner as he or she would practice medicine outside the County Jail environment. The only difference is that the Jail Doctor is coming to the patient instead of the patient being transported to the Doctor.

(Ord. No. 2016-91, Arts. 2—6, 12-15-16)

Editor's note

Ord. No. 2016-91, Art. 1, adopted Dec. 15, 2016, repealed the former section and enacted a new section as set out herein. The former section pertained to County Jail Physician and derived from Ord. No. 2009-71, Art. 1, 12-10-09. Ord. No. 2016-91, Arts. 2—6, adopted Dec. 15, 2016, did not specifically amend the Code; inclusion as § 2-132 was at the editor's discretion.