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Health Care Ethics in the Prison Setting

June 14, 2021
  • 00:00Good evening everyone.
  • 00:01Welcome to the program for
  • 00:04Biomedical Ethics at Yale School
  • 00:06of Medicine's Final Evening Ethics
  • 00:08seminar of the academic year.
  • 00:10We have the distinct pleasure
  • 00:12of having doctor Emily Wang
  • 00:14come to speak with us tonight.
  • 00:17I will be speaking more about
  • 00:19her expertise in just a minute,
  • 00:22but first, I wanted to just go
  • 00:25over some basic some basics in
  • 00:27terms of the structure of tonight.
  • 00:30First, you may notice I am not Mark Mercurio.
  • 00:35I am taking his his place tonight
  • 00:37but on behalf of him Mark Mercury
  • 00:40or the director of the Program for
  • 00:43Biomedical Ethics Ethics and my Co
  • 00:47associate Director Jack Hughes and
  • 00:49our program manager Karen Kolb.
  • 00:51Again, I'd like to thank everyone
  • 00:54for coming tonight.
  • 00:56We're going to have about 45
  • 00:59minutes of lecture.
  • 01:00And that will be followed
  • 01:02by about 45 minutes of Q&A.
  • 01:04I invite everyone to submit
  • 01:06their questions in the Q&A box
  • 01:08at the bottom of the screen.
  • 01:10I think everyone zoom expert by now,
  • 01:12for better or for worse,
  • 01:14and I will be moderating the session
  • 01:16by asking the questions to Doctor Wang
  • 01:18after she's she's finished presenting.
  • 01:20As always,
  • 01:21we have a hard stop at 6:30,
  • 01:23so I apologize if I don't get
  • 01:26to your question in time,
  • 01:28but I want to make sure that we
  • 01:31respect everyone's time here.
  • 01:32And so I will try to select questions
  • 01:34that get a different aspects of
  • 01:36what we're discussing tonight,
  • 01:38but my again,
  • 01:39my apologies in advance if I
  • 01:41do not get to yours.
  • 01:43So now, without further ado,
  • 01:45I'd like to introduce Doctor Emily Wang.
  • 01:48Doctor Wang is a professor in the
  • 01:50Yale School of Medicine and Public
  • 01:52Health and directs the new Safe
  • 01:54Center for Health and Justice.
  • 01:56The Safe Center is a collaboration
  • 01:58between the Yale School of
  • 02:00Medicine and Yale Law School,
  • 02:02working to stimulate community
  • 02:03transformation by identifying
  • 02:04the legal policy and practice
  • 02:06levers that can improve the health
  • 02:08of individuals and communities
  • 02:09impacted by mass incarceration.
  • 02:11She leads the Health Justice
  • 02:13Lab research program.
  • 02:14Which receives NIH funding to
  • 02:16investigate how incarceration excuse me.
  • 02:18Incarceration influences chronic
  • 02:19health conditions including
  • 02:20cardiovascular disease,
  • 02:21cancer,
  • 02:22and opiate opioid use disorder and
  • 02:24uses a participatory approach to
  • 02:26study interventions which mitigate
  • 02:28the impacts of incarceration.
  • 02:29As an internist she is cared for
  • 02:32thousands of individuals with a
  • 02:34history of incarceration and is
  • 02:36co-founder of the Transitions Clinic Network,
  • 02:39a consortium of 45 community health
  • 02:41centers nationwide dedicated to
  • 02:42caring for individuals recently
  • 02:44released from correctional facilities.
  • 02:46By employing community health workers
  • 02:48with histories of incarceration,
  • 02:49Doctor Wang Co.
  • 02:50Chaired the National Academy
  • 02:51of Sciences consensus report on
  • 02:53Decarceration correctional facilities.
  • 02:55During COVID-19,
  • 02:55the steering committee on improving
  • 02:57collection of indicators of criminal
  • 02:59justice system involvement in
  • 03:01population health data programs and
  • 03:03workshops on health incarceration
  • 03:04and means of violence.
  • 03:05Her work has been published in The Lancet.
  • 03:08JAMA American Journal of Public
  • 03:10Health and Health Affairs and
  • 03:12showcased in national outlets
  • 03:13such as the New York Times,
  • 03:15NPR, and CNN. Doctor Wang is a Navy
  • 03:18from Harvard University and MD from
  • 03:20Duke University and an MA S from the
  • 03:22University of California, San Francisco.
  • 03:24Doctor Wang take it away and
  • 03:26thank you again for being with
  • 03:28us. Thank you so much and thank you
  • 03:30guys for joining on a 5:00 PM where you
  • 03:33know most folks would be having dinner
  • 03:35at home or hustling home, so I really
  • 03:38appreciate the opportunity to be here.
  • 03:40It's a real privilege and to discuss a
  • 03:43little bit of our work and kind of some
  • 03:46ethical issues that were grappling with.
  • 03:48This evening so you know,
  • 03:52I start here and I think you know,
  • 03:55the last year has really shown us
  • 03:57through the deaths of Brianna Taylor,
  • 03:59George Floyd, and the cluster outbreaks
  • 04:02of COVID-19 in prisons and jails.
  • 04:04It's brought into public view,
  • 04:05the serious health risks
  • 04:07of mass incarceration.
  • 04:08This is literally a matter of life and
  • 04:10death for the millions of individuals
  • 04:12in the US who passed through jails
  • 04:15and prisons each and every year.
  • 04:17I say this in all sincerity
  • 04:19that it it's depressing.
  • 04:21It's hard to think about.
  • 04:23And also I think it's here that as
  • 04:25a health system and as a School of
  • 04:27Medicine that we really can exert
  • 04:29our collective powers in dismantling
  • 04:31these health harming structures
  • 04:33through science and clinical care.
  • 04:34And so you know,
  • 04:35before I kick off my more formal remarks,
  • 04:38I thought I would just introduce
  • 04:40the safe center.
  • 04:41What we're up to,
  • 04:43which kicked off in June during the pandemic.
  • 04:46So Sarah described,
  • 04:47you know, the safe center.
  • 04:49It's named after states wave,
  • 04:51and it's illustrated here.
  • 04:52It's a wave that emerges from
  • 04:54stagnant water and I want to be
  • 04:57responsible for this cool name,
  • 04:58but it's actually members of my
  • 05:00center that thought about this
  • 05:02stagnant water and it results from
  • 05:04the interference of two waves that
  • 05:06are traveling in opposite directions,
  • 05:08disrupting the status quo.
  • 05:09So the center, in its conception,
  • 05:11is really aiming to disrupt the status
  • 05:14quo between two systems that the
  • 05:16carceral system in our health system.
  • 05:18With the explicit goal of decarceration
  • 05:22or dismantling that carceral system.
  • 05:25Decarceration and it's kind of
  • 05:27most fundamental term is kind of
  • 05:29the opposite of incarceration,
  • 05:31and involves government policies and
  • 05:33community campaigns to reduce the
  • 05:35number of people held in custody or
  • 05:37under custodial supervision in the US.
  • 05:39And, you know,
  • 05:40currently in the last 15 years
  • 05:43that I've been at it,
  • 05:44we're in a place where there's really
  • 05:47bipartisan support of decarceration
  • 05:48that it's generally acknowledged
  • 05:50that mass incarceration has been
  • 05:53a failed social policy and costs
  • 05:54our society far too much.
  • 05:56So for successful decarceration,
  • 05:58I think the key thing that's you know,
  • 06:01often lost in conversations about this,
  • 06:04is that it requires not just
  • 06:06criminal justice reform,
  • 06:07but a robust social safety net system,
  • 06:10which of course then includes
  • 06:12our Community health system.
  • 06:14So how do health systems?
  • 06:15How does at the healthcare infrastructure
  • 06:19actually take part in decarceration?
  • 06:22And so our mission,
  • 06:23then at the center is really to
  • 06:25advance health and well being for
  • 06:28those impacted by mass incarceration.
  • 06:30We're committed to dismantling
  • 06:32systems of racism enacted through mass
  • 06:34incarceration and other forms of oppression.
  • 06:36Building HealthEquity through four
  • 06:38different domains, clinical care, research,
  • 06:40education and legal scholarship and advocacy.
  • 06:43And so, at the core is our
  • 06:46transitions clinic program.
  • 06:47It's a primary care program that targets
  • 06:50individuals that have returned home from
  • 06:53correctional systems and at its core,
  • 06:55and I like sharing this program.
  • 06:57Doctor Lisa puglisi.
  • 06:58She's leads or transitions
  • 07:00clinic network in Connecticut.
  • 07:02A patient of ours and also community
  • 07:05health worker Jerry Smart,
  • 07:06a longtime friend and colleague.
  • 07:08He's a community health worker who
  • 07:11himself has been incarcerated and.
  • 07:13It's this triumphant,
  • 07:14that kind of dictates.
  • 07:16Care the delivery of care to people
  • 07:18that return home from prison that
  • 07:21acknowledges that oftentimes the
  • 07:23most important person in the room,
  • 07:25in addition to the patient,
  • 07:27is Jerry someone that builds trust
  • 07:30in the system and helps individuals
  • 07:32navigate the health care system
  • 07:35and the social service system.
  • 07:37Through the years, our network has grown.
  • 07:40We are now with 45 programs in 14
  • 07:43States and Puerto Rico have provided
  • 07:45care to release thousands of people
  • 07:47returned home from corrections,
  • 07:49and it's an example at one of few
  • 07:52of health system intervention
  • 07:53that really helps decarceration.
  • 07:56We conducted randomized trials and
  • 07:57have studied kind of how primary care
  • 08:00based intervention reduces people's
  • 08:02future contact into the criminal
  • 08:04justice system and are working
  • 08:06really closely with policymakers
  • 08:07and Community health systems.
  • 08:09Especially payers like Medicaid to
  • 08:11implement and scale the program, and so here.
  • 08:14In Connecticut there's three programs,
  • 08:16one in Bridgeport, one in Hartford,
  • 08:19with plans to scale more.
  • 08:22It's this clinical care then,
  • 08:24that really then informs our education,
  • 08:27our legal scholarship,
  • 08:28and the research we do.
  • 08:29Currently we have a research program
  • 08:32that's really focused on the top
  • 08:34causes of morbidity and mortality
  • 08:36among individuals that are return
  • 08:38home from prisons and jails,
  • 08:39and that's overdose, heart disease,
  • 08:41cancer, gun violence, COVID-19.
  • 08:43We have a robust educational
  • 08:45component that spans across both the
  • 08:48School of Medicine but also other
  • 08:50schools and so at any given day,
  • 08:52this picture here in the corner.
  • 08:54We have students from nursing from
  • 08:56the School of Public Health from the
  • 08:59law school from psychology and are
  • 09:01really trying to think about how it
  • 09:03is that we inform the education of
  • 09:06young learners to learn about the
  • 09:08health impacts of mass incarceration as
  • 09:10well as to take part in mass campaigns
  • 09:13for decarceration and especially to
  • 09:15bring that learning into prisons and jails.
  • 09:17Starting not this year,
  • 09:18but next year we're going to
  • 09:20hopefully partner with the Yellow
  • 09:22Prison Education Initiative to
  • 09:24bring this teaching inside.
  • 09:26And then lastly,
  • 09:27have partnerships with the Justice
  • 09:29Collaboratory and the Solomon Center
  • 09:30to think about how it is that we both
  • 09:33provide individual legal supports to
  • 09:35the patients that we see in clinic.
  • 09:37But also think about what are the
  • 09:39kind of larger structural barriers
  • 09:41that are really impeding the health
  • 09:43of our patients that return home and
  • 09:45how it is that we can support both
  • 09:48state level and federal policies
  • 09:49to create healthier communities.
  • 09:51The center is made up of
  • 09:53primarily Yale faculty,
  • 09:54students and staff have all been
  • 09:56personally impacted by mass incarceration.
  • 09:58And I'll tell you that it's through
  • 10:00colleagues at the center and throughout
  • 10:03our transitions clinic network,
  • 10:04most of whom have been incarcerated
  • 10:06that has transformed my view of
  • 10:09healthcare research, the ethics,
  • 10:10morality, and the justice,
  • 10:12really that undergirds our work.
  • 10:15And so you know,
  • 10:16for the remaining kind of 30
  • 10:19minutes what I'm hoping to do
  • 10:21is share with you some of the
  • 10:25epidemiology of incarceration.
  • 10:27Then to discuss health care
  • 10:29in correctional facilities,
  • 10:30health risks of incarceration
  • 10:31and touch on an ethical issue
  • 10:34that we're really struggling with
  • 10:35right now in our state center of
  • 10:38COVID-19 and the ethics of research
  • 10:40in correctional systems and then
  • 10:42end with concluding thoughts.
  • 10:44And I start with this beginning
  • 10:46just to say that we are excited
  • 10:48and interested in partnerships
  • 10:50would really welcome at more folks
  • 10:53really putting kind of our best
  • 10:55brains and efforts forward and so.
  • 10:58Yeah well, this will be brief.
  • 11:00My hope is little tempted enough
  • 11:02to really understand the important
  • 11:04parts of bioethics and ethics
  • 11:06in this work that we're doing.
  • 11:09Alright,
  • 11:09so to start.
  • 11:10So there's currently about 7,000,000
  • 11:12individuals who are under the
  • 11:14jurisdiction of the criminal justice
  • 11:16system in the US and that's about
  • 11:182.2 million that are behind bars at
  • 11:20any given day in jails and prisons
  • 11:22and then about a four million plus
  • 11:24that are under a community system
  • 11:27of supervision of partial control.
  • 11:29And so I'll just start with some
  • 11:31definitions just to make sure that
  • 11:33everyone kind of understands these terms.
  • 11:35Jails house those who are
  • 11:37waiting adjudication of crimes.
  • 11:38And then also those who are have
  • 11:41been sentence and typically serving
  • 11:42sentences of less than a year.
  • 11:45And so while there's like 700,000
  • 11:47individuals in jail at any given time,
  • 11:50there's a huge throughput in
  • 11:51and out of our nations jail.
  • 11:54So about anywhere from 7 to 11 million.
  • 11:56Move through our jails and prisons,
  • 11:59house those who have been
  • 12:00sentence of a crime.
  • 12:02Typically sentence is of greater than a year,
  • 12:05and then the majority of individuals are
  • 12:07in this community system of control so.
  • 12:10After probation,
  • 12:11people that have been sentence of
  • 12:13a crime that serve their sentence
  • 12:15in the community and then parole
  • 12:17constitutes those who've served a
  • 12:19portion of their sentence in prison
  • 12:21and then return home to parole.
  • 12:23All told,
  • 12:24one out of every about 33 adults
  • 12:26in this country are under the
  • 12:28criminal justice systems control.
  • 12:30The correctional population is really
  • 12:32tripled in the last three to four decades,
  • 12:35and there are a number of
  • 12:37reasons that explain this.
  • 12:38This includes mandatory sentence
  • 12:40Ng He is a war on drugs that the
  • 12:43institutionalization of the mentally ill,
  • 12:45and so when you look at
  • 12:47a population standpoint,
  • 12:48it's about 63 million individuals in this
  • 12:52country that have a criminal record.
  • 12:55US incarcerates more people than
  • 12:56any other country in the world.
  • 12:58The rate exceeds that of all
  • 13:00countries in the world,
  • 13:01and so these data come from a paper
  • 13:03that Chris Wildeman and I wrote that
  • 13:05was published in The Lancet and
  • 13:07it's just to point out that here
  • 13:09up in the upper left hand corner,
  • 13:10if you see the United States,
  • 13:12this is the rate of incarceration
  • 13:14over the past three decades,
  • 13:15and this is compared to 20
  • 13:17countries in the EU.
  • 13:18And so you know.
  • 13:19I recently prior to the pandemic had
  • 13:21the opportunity to go to Finland and
  • 13:23there when they talk about Finland.
  • 13:25Finland is like out of control.
  • 13:27Their cultural system is raging
  • 13:28and you can see it's essentially
  • 13:30a flat line compared to the US.
  • 13:37Those who are incarcerated are
  • 13:38disproportionately poor men of color.
  • 13:40These data come from this sentence
  • 13:41Ng project and So what they did
  • 13:44was estimated using life table
  • 13:45measurements among people born in 2001,
  • 13:47what's the lifetime?
  • 13:48Likelihood of imprisonment and they broke
  • 13:51this down by race and as well as gender.
  • 13:53And So what you can see is that
  • 13:55if you look at men born in 2001,
  • 13:58one out of nine men have a
  • 14:00lifetime history lifetime.
  • 14:01Likelihood of being in prison.
  • 14:03So this doesn't even account for
  • 14:05time in jail, just imprisonment.
  • 14:06You break it down by race and you
  • 14:09see that white men have a one in
  • 14:1217 lifetime likelihood for black
  • 14:13men born in this country in 2001,
  • 14:16they have a one out of three lifetime
  • 14:18likelihood of being imprisoned.
  • 14:20And that statistic always kind
  • 14:21of blows my mind for Latino men.
  • 14:24One in six women are far less
  • 14:25likely to be incarcerated,
  • 14:27but again,
  • 14:28you see this racial disparity
  • 14:29in incarceration.
  • 14:30Black women were much more likely to be
  • 14:33incarcerated as compared to white women.
  • 14:37So based on the work of a
  • 14:40sociologist Becky Pettit,
  • 14:41the New York Times ran a headline a
  • 14:44few years back that said that at a
  • 14:47population level, about 1.5 black,
  • 14:491.5 million black men are missing from
  • 14:52daily life between the ages of 25 and 54,
  • 14:56either 'cause they're dead
  • 14:57or they're incarcerated.
  • 14:58This is one of the infographics from that
  • 15:02article showing that in places in yellow,
  • 15:04black men are more likely.
  • 15:06To be disproportionately missing
  • 15:08and in purple that they're more
  • 15:10likely to be overrepresented,
  • 15:12so you can see that there's a predominance
  • 15:15of missing black men really in the South.
  • 15:18While it's long been known that
  • 15:20black men are more likely to
  • 15:22be locked up and die young,
  • 15:24the scale of this combined toll
  • 15:27from a population standpoint is
  • 15:29large more than one out of 6 black
  • 15:31men aren't around to be parents,
  • 15:33husbands working,
  • 15:34citizen's high imprisonment
  • 15:35accounts for black.
  • 15:37The higher imprisonment of black men
  • 15:39accounts for about 600,000 of the men
  • 15:42who are missing and then early death
  • 15:45is thought to account for 900,000.
  • 15:47So Homicide is the leading cause of death
  • 15:51for young black men and heart disease.
  • 15:54For those over 30,
  • 15:55this doesn't just have impact
  • 15:57on the health of black men,
  • 16:00it also has impacts for families.
  • 16:02So it's estimated that about 63%
  • 16:05of black individuals in the US.
  • 16:08Have an immediate family member,
  • 16:10so either spouse,
  • 16:11a child who's ever been incarcerated
  • 16:14and this compares to 45% of
  • 16:16individuals in the US overall.
  • 16:19So all this is to say is that in
  • 16:21that incarceration the experience
  • 16:23of incarceration has an incredibly
  • 16:26wide reach in our country,
  • 16:29especially among poor communities of color.
  • 16:31And while we rarely discuss
  • 16:34incarceration and its intersections
  • 16:35with health and the health system.
  • 16:38I would say that it perhaps has the
  • 16:40largest bearing on our ability to
  • 16:42achieve HealthEquity and racial justice.
  • 16:46And so I'm going to dig into
  • 16:48this a little bit more.
  • 16:50So for this deposition to be true,
  • 16:52you know incarceration must
  • 16:53directly impact patients health,
  • 16:55and you know, I have to say I've been
  • 16:57doing this for a really long time,
  • 16:59and I often get kind of a
  • 17:01doubtful questioning around it.
  • 17:03So from doctors.
  • 17:03And then I get asked all the time,
  • 17:06you know, how is the care of people
  • 17:08that have been incarcerated any
  • 17:09different than those who are homeless?
  • 17:12Those who are poor,
  • 17:13those that have substance use disorder.
  • 17:15From researchers I I get it phrased a
  • 17:18little differently so you know they're
  • 17:20really asking kind of questions of causality.
  • 17:22Is incarceration actually an independent
  • 17:23risk factor for poor health outcomes?
  • 17:25And you know,
  • 17:26I've I've settled out at this point in
  • 17:29my career of saying that, you know,
  • 17:31will really maybe never know.
  • 17:32You know,
  • 17:33you're not going to have a
  • 17:35setting where randomizing folks to
  • 17:36incarceration is as a possibility,
  • 17:38and So what I'm hoping to do is
  • 17:40just share with you a few pictures
  • 17:42to give you an inside look on
  • 17:45what health care looks like.
  • 17:46Behind bars and try to come into on Facebook.
  • 17:50Liberty alone that exposure to
  • 17:52incarceration is a distinctly unique
  • 17:54experience that impacts patients health.
  • 17:58So these pictures all come from within
  • 18:01San Quentin Prison in California.
  • 18:03It's where I had a lanja tude.
  • 18:06No primary care practice as
  • 18:08an internal medicine resident.
  • 18:09So San Quentin is one of the largest and
  • 18:12oldest prison systems in California,
  • 18:15and I had my primary care practice
  • 18:17there for three years among at the 1200
  • 18:21individuals that were on death row,
  • 18:23and what blew my mind really was that,
  • 18:26you know.
  • 18:27It's one of the only places in the
  • 18:30US prior to the Affordable Care
  • 18:32Act where a healthcare primary care
  • 18:36is constitutionally guaranteed.
  • 18:3880% of individuals who are incarcerated
  • 18:40have a chronic health condition that
  • 18:43warrants launched to no primary care.
  • 18:46This includes, you know,
  • 18:47conditions like hypertension,
  • 18:49asthma, diabetes.
  • 18:49That, of course includes communicable
  • 18:52diseases like HIV and hepatitis C.
  • 18:54It also includes substance use
  • 18:56disorders and mental health conditions.
  • 18:59All told,
  • 18:59it's about 80% and about 40% of
  • 19:02individuals are newly diagnosed
  • 19:03with a health condition when their
  • 19:05first incarcerated and so for
  • 19:07young black men in this country.
  • 19:09This often the the prison and jail
  • 19:12system and the health care system in bed.
  • 19:14And that is their first contact with
  • 19:17the health care system as an adult.
  • 19:22But the delivery of care is completely
  • 19:24different, and so this is a photo
  • 19:26of a primary care clinic and I
  • 19:28just want you to take a good look,
  • 19:31especially those of you who haven't
  • 19:33practiced in prisons and jails
  • 19:34at kind of just the construction
  • 19:36of the primary care clinic.
  • 19:38So this guy here,
  • 19:39who's getting his nebulae zehrs waiting
  • 19:41to see the doctor and right next to him,
  • 19:44is another patient who's waiting in a cage.
  • 19:46Correctional officers,
  • 19:47you can see one right there often
  • 19:49accompany incarcerated people to all
  • 19:50medical appointments there often.
  • 19:52In the doctors room with them,
  • 19:54many patients individuals are
  • 19:56woken up by correctional officers
  • 19:58to make the medication in line,
  • 20:00and so the whole healthcare system
  • 20:02behind bars isn't, you know,
  • 20:04it's part and parcel of the
  • 20:07criminal justice system.
  • 20:08In fact,
  • 20:09it's kind of under the correctional system,
  • 20:11and so by and large,
  • 20:13when you think about decisions
  • 20:15that are made about how it's not
  • 20:18healthcare leaders or or physicians
  • 20:20that are making those decisions.
  • 20:22It often, at the sheriffs, the correctional.
  • 20:27The commissioners that are making
  • 20:29decisions about what meds are available,
  • 20:31whether patients can see certain specialists,
  • 20:33how much they're willing to
  • 20:35expend on health care.
  • 20:37And so again,
  • 20:38how care is delivered behind
  • 20:39bars is quite different than
  • 20:41how you might imagine it.
  • 20:43In the how it is in the community.
  • 20:49Of course, while there's a constitutional
  • 20:51guarantee to care that access is
  • 20:53limited by institutional policies,
  • 20:54and so I share with you this photo,
  • 20:57this is a pink slip to kite that patients
  • 21:00have to fill out when they have a complaint.
  • 21:03An urgent complaint that needs
  • 21:05to be addressed, and at the time
  • 21:07when I was practicing California,
  • 21:09this doesn't happen there now,
  • 21:11but it happens.
  • 21:12Another correctional systems.
  • 21:13This slip is filled out by a
  • 21:15person who's incarcerated.
  • 21:17Then it's next evaluated by.
  • 21:18A correctional officer,
  • 21:19the correctional officer thank you know,
  • 21:21evaluates to see if
  • 21:22there's medical necessity.
  • 21:22Then it goes to a nurse and
  • 21:24then it goes to a provider and
  • 21:26so you can see that while there
  • 21:27is a constitutional guarantee,
  • 21:29access is really different.
  • 21:30So in the community,
  • 21:31if you have to see the doctor
  • 21:33and you need to see the doctor,
  • 21:35he can always roll up into the
  • 21:37emergency department and you know
  • 21:38you'll be seeing it might be a wait,
  • 21:40but you'll be seeing here.
  • 21:41You can't decide the doctor you wanna see.
  • 21:43You can't even decide when you
  • 21:45wanna see and it's filtered
  • 21:46through a correctional officer.
  • 21:47The other thing that's important
  • 21:49to note is that.
  • 21:50For instance,
  • 21:51in Connecticut there's about a
  • 21:53$3 copay to see a physician,
  • 21:55and you know you might be thinking like,
  • 21:58well, what's 3 bucks?
  • 22:00Well,
  • 22:003 bucks is equivalent to
  • 22:02about four days worth of work
  • 22:04within the prison system here,
  • 22:06and so you know if you're
  • 22:09lucky enough to have a job,
  • 22:11and so it's a significant
  • 22:13barrier to see a provider,
  • 22:15especially when you have
  • 22:16to pay the $3 copayment.
  • 22:22And the very conditions of confinement,
  • 22:25of course, can then promote ill health.
  • 22:27And so this picture is taken in the
  • 22:30reception center at San Quentin and
  • 22:32you know they were so overcrowded
  • 22:35at the time that people were
  • 22:37triple bunking in the gymnasium.
  • 22:39So about, you know if you look at
  • 22:41Bureau of Justice statistics right now,
  • 22:44about 40% of correctional systems are,
  • 22:46you know, technically over capacity, right?
  • 22:48So which of course then can lead
  • 22:51to the transmission of infectious
  • 22:53diseases like COVID.
  • 22:54But also sparked tensions and violence.
  • 22:57When you have this,
  • 22:58many young folks crowded together.
  • 23:01It's not just the overcrowding either,
  • 23:03it's that many,
  • 23:04many of these prisons and jails.
  • 23:07There's 5000 across the country
  • 23:09really utilized congregate space,
  • 23:11and so again, you know,
  • 23:13even if a prison or jail isn't over capacity,
  • 23:16oftentimes the living conditions,
  • 23:18the eating where they shower or are
  • 23:21all congregate an again can lead to
  • 23:24the transmission of other diseases.
  • 23:29This photo here is of a patient with COPD,
  • 23:33whose ox independent and he's being
  • 23:35held at in Solitaire E confinement,
  • 23:37so he spends his 23 hours a day without
  • 23:41any human contact in an 8 by 6 foot cell.
  • 23:45This patient I can remember you
  • 23:47would hear as you walk by his
  • 23:50self and damning on the door.
  • 23:52Every single you know sometimes it
  • 23:54be minutes, sometimes it be ours,
  • 23:57but every single time.
  • 23:59The oxygen tubing got kinked and
  • 24:01he no longer could breathe and
  • 24:03I think you know this for me.
  • 24:06This photo is really telling of
  • 24:08how healthy individuals health are
  • 24:10prioritized that you know in carceral
  • 24:13systems its safety, its control,
  • 24:15it's punishment that are the values
  • 24:17that really go before a person's health,
  • 24:20and what I often, you know,
  • 24:22think about,
  • 24:23and I think it's important to think
  • 24:26about is that if this is the only way.
  • 24:30That this patient has seen doctors
  • 24:32like doctors and nurses were
  • 24:33passing by this cell all the time.
  • 24:35How much trust can a person
  • 24:37have in the healthcare system?
  • 24:39How much trust you know when they come home?
  • 24:41Will they be willing to engage in care?
  • 24:47And so you know, given this and I've
  • 24:50described both kind of the delivery
  • 24:51of care and then also the physical
  • 24:54environment of Corrections really should
  • 24:56be no surprise that COVID-19 wreaked
  • 24:58havoc in our nation's prisons and jails.
  • 25:0090 out of 100 of the largest outbreaks
  • 25:03took place in correctional facilities.
  • 25:05And again, these are the largest
  • 25:07until college is opened.
  • 25:09But as a result of this,
  • 25:11hundreds of thousands of people
  • 25:13who are incarcerated and those that
  • 25:15work in corrections dot COVID.
  • 25:17So here are data from earlier
  • 25:19on in the pandemic.
  • 25:21Sorry, the figure legend went away,
  • 25:23but the blue here is incarcerated people.
  • 25:25The red here staff and then the
  • 25:28green is the general population
  • 25:29and what you can see here is that
  • 25:32incarcerated people in staff had
  • 25:34about a three to five times higher
  • 25:37rates of contracting COVID-19
  • 25:39compared with the general population.
  • 25:41In a published study that was
  • 25:43published in JAMA and last year,
  • 25:45they found that the COVID-19 adjusted
  • 25:47death rate in the prison population
  • 25:49was about three times higher
  • 25:51than in the general population.
  • 25:53And so you know, you might expect then,
  • 25:56of course,
  • 25:57that the risk for transmission is
  • 25:58quite high in correctional systems.
  • 26:00We worked with colleagues at Stanford
  • 26:02to design an SCR model to really look at
  • 26:05kind of transmission transmissibility,
  • 26:07in a large urban jail.
  • 26:09So calculating you know what we all
  • 26:11talked a lot about in the last year
  • 26:13is the basic reproduction ratio,
  • 26:15and on the Y axis is just the incident
  • 26:18COVID-19 infections from this urban jail,
  • 26:20the X is the day since the outbreak,
  • 26:23and just a whole new in.
  • 26:25But we did find was that the beginning of
  • 26:28the pandemic within this large urban jail.
  • 26:32They are not the basic reproduction
  • 26:34ratio was 8.3,
  • 26:35so for every one person infected,
  • 26:38eight others got infected and this is
  • 26:40a rate that's higher than the cruise
  • 26:44ships or any other congregate setting
  • 26:47in the country that's been described.
  • 26:50And so while the health care delivery
  • 26:52system and the conditions of
  • 26:54confinement certainly played a large
  • 26:56role in these cluster outbreaks,
  • 26:59COVID-19 I think also is a story
  • 27:01of how correctional health systems
  • 27:03really fall entirely out of our
  • 27:06public health system infrastructure.
  • 27:08So this is a picture of an incarcerated
  • 27:11woman sewing her facilities masks
  • 27:13during COVID-19.
  • 27:14Most correctional systems were
  • 27:16strapped to provide care they didn't
  • 27:18have the personnel.
  • 27:20They didn't have the budget for
  • 27:22additional testing or equipment
  • 27:23or personal protective equipment.
  • 27:25They didn't have guidance from our
  • 27:27our national centers of Disease
  • 27:28Control on how best to protect
  • 27:31incarcerated people are workers.
  • 27:32Given the constraints of their facilities,
  • 27:34many correctional systems contract
  • 27:36out their diagnostic testing to
  • 27:38outside vendors or community health
  • 27:40systems and their source code.
  • 27:41V2 testing was deprioritized so oftentimes,
  • 27:43even if they had testing available,
  • 27:45they had to wait 14 days to get
  • 27:49the results back.
  • 27:50And I just want us to think about
  • 27:53this contrast ING list to what
  • 27:55happened in nursing homes and long
  • 27:57term care facilities which were also
  • 27:59the sites of large cluster outbreaks.
  • 28:02Nursing homes, of course,
  • 28:03were prioritized for testing their
  • 28:05prioritized for vaccinations.
  • 28:06Of course, correctional systems were
  • 28:08not guidance was also forthcoming
  • 28:10and centers the Medicare and Medicaid
  • 28:13services compelled data capture from
  • 28:15all of these nursing homes early
  • 28:16in the pandemic to better drive
  • 28:19response to the spread of disease.
  • 28:21Within those facilities,
  • 28:22so we knew about what was going
  • 28:26on in those facilities.
  • 28:28But not in correctional systems,
  • 28:30and so for us, this raised all sorts
  • 28:33of questions within our center.
  • 28:36How best we could protect our patients,
  • 28:39families and their communities from COVID-19,
  • 28:41we quickly turned to the literature and what
  • 28:44you find is that for incarcerated settings,
  • 28:48there's almost nothing about pandemics.
  • 28:50Past very limited research on H1N1,
  • 28:53for instance.
  • 28:54Very little into research on an
  • 28:56even vaccine vaccine uptake.
  • 28:59And from my vantage point
  • 29:01at this is a deep injustice,
  • 29:04and so where our team started at
  • 29:06to shift was really trying to
  • 29:09interrogate the ethics of conducting
  • 29:11research in correctional systems.
  • 29:14And especially what this meant during COVID.
  • 29:18And So what I wanted to do is kind of
  • 29:21take you through a work in progress.
  • 29:24Some work that we're working on
  • 29:26as some work that we're thinking
  • 29:28through about the ethics of research,
  • 29:31but especially the ethics of
  • 29:33clinical trials during COVID and
  • 29:34correctional systems to start at,
  • 29:36just say that you know probably
  • 29:38most of you are familiar with this,
  • 29:41but there is a real long and brutal
  • 29:43history of conducting research in
  • 29:45commercial systems in our modern history,
  • 29:48so.
  • 29:48More than 90% of phase one clinical
  • 29:51trial studies of you know new drug
  • 29:54safety in the US were conducted
  • 29:56in commercial systems in night
  • 29:58and before the 1960s.
  • 30:00At that time,
  • 30:01incarcerated individuals were enrolled
  • 30:03without any informed consent.
  • 30:04In any federal oversight of the studies,
  • 30:07and so in the 1970s,
  • 30:09then,
  • 30:09this changed the National Commission for
  • 30:12the Protection of Human Subjects in Bio
  • 30:14Medical and Behavioral Research Institute.
  • 30:16A moratorium on research that
  • 30:18involved the testing of drugs and
  • 30:21vaccines with impartial systems.
  • 30:23The Commission then recommended that
  • 30:25research involving prisoners that pose
  • 30:27more than a minimal risk that wasn't
  • 30:30studying the process of incarceration
  • 30:32that didn't directly improve the
  • 30:33health or well being of individuals.
  • 30:36Prisoners shouldn't be
  • 30:37conducted unless there was,
  • 30:39you know,
  • 30:39a really compelling reason.
  • 30:41Further,
  • 30:41they stated that the federal research
  • 30:44had to begin overseeing such research
  • 30:46through a Subpart C common rule.
  • 30:48There were now prisoner,
  • 30:50IRB stipulations,
  • 30:51and what this essentially meant was
  • 30:53that individual researchers who wanted
  • 30:55to conduct research among pop you.
  • 30:58Nations that have criminal justice
  • 31:00contact even for minimal research
  • 31:03had to get additional approvals.
  • 31:05Around that time,
  • 31:06as you can see and I just present
  • 31:09this figure at the bottom,
  • 31:11the rates of incarceration were
  • 31:13starting to climb and over like I said,
  • 31:16the past three decades to four decades
  • 31:18there's been a disproportionate
  • 31:19incarceration of black people,
  • 31:21here represented in the Orange
  • 31:23Latinos and LeBron and then non
  • 31:26Hispanic whites in the blue.
  • 31:27Now of course this wouldn't be a
  • 31:29problem if the health impacts of
  • 31:32incarceration if there weren't any
  • 31:34health impacts of incarceration.
  • 31:36But there are and so you know
  • 31:39what this means then is that.
  • 31:42We are not as able to understand the
  • 31:45health of black men or really kind of
  • 31:48better understand health disparities,
  • 31:49our country and so to prove this point.
  • 31:52We did a study to explore how
  • 31:55mass incarceration has impacted
  • 31:56the study of heart disease.
  • 31:58So it's a real focus of my initial work.
  • 32:03What we did was really wanted to
  • 32:05understand how incarceration might
  • 32:07impact loss to follow up in these
  • 32:09large cohort studies that have
  • 32:11been funded by the National Heart,
  • 32:13lung and Blood Institute.
  • 32:14We identified all studies that
  • 32:16followed participants for more than
  • 32:18two years that enrolled both black
  • 32:20and white participants followed them
  • 32:22for two years and at a very bare
  • 32:24minimum just wanted to see did they
  • 32:27enroll any incarcerated people OK
  • 32:28and so none of these studies did.
  • 32:31Then we wanted to see that among
  • 32:34those participants that.
  • 32:35That were enrolled within the community,
  • 32:37did they just follow them into
  • 32:39car stration so you could at least
  • 32:41see what happens when they go in
  • 32:44and then follow them back out?
  • 32:46None of them did,
  • 32:47and then among these studies,
  • 32:49only one study axed about exposure
  • 32:51to incarceration at the very
  • 32:53beginning of this study at the very
  • 32:55beginning of their cohort study.
  • 32:57And so because none of the studies
  • 32:59measured any incarceration exposure,
  • 33:01we had to estimate the possible
  • 33:03incarceration rates based on
  • 33:04participant demographics.
  • 33:05And location of study and then looked
  • 33:08at the proportion of the lost a
  • 33:10follow up at that could be due to
  • 33:13incarceration and so this figure
  • 33:15here shows the data just for black
  • 33:17male participants that are missing
  • 33:19from health cohort studies and so on.
  • 33:22the Y axis are the cohort studies
  • 33:24and you know there's some that
  • 33:26maybe all know the Mesa Jackson
  • 33:28Heart study Cardia Eric.
  • 33:30These are the ones that are really
  • 33:33informing our understanding that the
  • 33:35genealogy of heart disease, right?
  • 33:36And in red you see the loss to
  • 33:39follow up over time among black male
  • 33:42participants and in the blue it's the
  • 33:45estimated loss to follow up due to
  • 33:47incarceration and what we found was
  • 33:50that among black male participants
  • 33:51at the last default Doodle Corporation
  • 33:54ranged anywhere from 15 to 65%,
  • 33:56with the largest in cardiac and
  • 33:58the point that I want to make
  • 34:01here is just one single study.
  • 34:03Is that the scale that we've
  • 34:06incarcerated in this country?
  • 34:07At that,
  • 34:08we've incarcerated over the last three
  • 34:10to four decades has to be impacting
  • 34:13our knowledge of racial health disparities.
  • 34:15As most studies in this country don't
  • 34:17follow people into prisons and jails
  • 34:20and don't include institutionalized
  • 34:21participants and don't include
  • 34:23measures of incarceration so
  • 34:24that we can even understand
  • 34:26how exposure to the commercial
  • 34:29system changes health outcomes.
  • 34:32In 2003, the Institute of Medicine
  • 34:34then was asked to revisit this issue,
  • 34:37especially given the increase in the
  • 34:40and the prison and jail population,
  • 34:42and also the disproportionate incarceration
  • 34:45of poor people of color and also the
  • 34:48over representation of lots of diseases,
  • 34:51including HIV and hepatitis C,
  • 34:53behind bars, and so they had a number
  • 34:56of recommendations and hearing list.
  • 34:59Some of them is that.
  • 35:02That instead of these categorical
  • 35:04exclusions to research that there
  • 35:06ought to be more considerations of
  • 35:08the risks and participation versus
  • 35:10the benefits of participation in
  • 35:12any sort of health research studies.
  • 35:15Secondly,
  • 35:15they suggested that incarcerated
  • 35:17people and Ann correctional leaders
  • 35:19should be included in decision making,
  • 35:21so there should be this notion or
  • 35:24understanding of collaborative
  • 35:25responsibility around these decisions.
  • 35:27Another recommendation they made
  • 35:28was to expand the Office of Human
  • 35:31Research protections oversight.
  • 35:33So there should be more federal.
  • 35:35Boarding of where studies are
  • 35:37being conducted,
  • 35:38which studies are conducted in which
  • 35:41you know correctional facilities
  • 35:43and how many are being enrolled,
  • 35:45so it may not be a surprise to
  • 35:47any of you that none of these
  • 35:51recommendations have taken hold,
  • 35:53and there's still very little research
  • 35:55that really is examining both exposure
  • 35:57to incarceration nor including
  • 35:59incarcerated people into studies.
  • 36:04And so during the early part of
  • 36:07the pandemic as vaccines had made
  • 36:09their way through kind of phase
  • 36:11one and phase two clinical trials,
  • 36:14we were really motivated by
  • 36:16members of our team who had,
  • 36:19you know, some of whom there's Mr.
  • 36:21Tina grown, who spent 30 years
  • 36:24incarcerated to put forward a
  • 36:25thought piece of perspective piece
  • 36:27in JAMA looking at the ethical
  • 36:30considerations for COVID-19 vaccine
  • 36:32trials in correctional facilities.
  • 36:34And we saw this at least as a need
  • 36:35to start the conversation about the
  • 36:37inclusion of incarcerated people and
  • 36:39made a few recommendations again
  • 36:41that incarcerated people ought to
  • 36:43be in these decision making bodies.
  • 36:45And, you know,
  • 36:46pandemics will push us to kind of
  • 36:48making urgent and fast decisions.
  • 36:49And of course, that's a necessity.
  • 36:51But it also should, you know,
  • 36:53if you look back at history,
  • 36:55know that another one is going to come,
  • 36:58and so we should be having this
  • 37:00conversation now.
  • 37:00We also make the recommendation to
  • 37:02really have a racial equity lens.
  • 37:04I'm kind of clinical trials and
  • 37:07correctional systems and clinical
  • 37:09trials in general and turn to the
  • 37:12literature on how rarely black
  • 37:14people are included in clinical
  • 37:16trials of cancer therapies,
  • 37:18especially salvage care,
  • 37:19cancer therapies,
  • 37:20and how this too is an equity in
  • 37:23our access to medications that do,
  • 37:26preserve or could preserve life,
  • 37:29we talk about ensuring the
  • 37:31applications receipt of of vaccines,
  • 37:33and ensuring the receipt of
  • 37:35applications vaccines.
  • 37:36You know,
  • 37:37once a vaccine,
  • 37:38if if a Correctional Facility or individuals
  • 37:40to participate in a vaccine trial,
  • 37:42then they should at least be able
  • 37:44to get vaccines regardless if
  • 37:46you participated after the trial,
  • 37:48they should have aftercare after
  • 37:50the Trump convenes.
  • 37:51That certainly there should be a
  • 37:53convening of a federal oversight board
  • 37:55to oversee these vaccine trials,
  • 37:56and then also the importance
  • 37:58of studying implementation of
  • 37:59vaccines and correctional system.
  • 38:01So it shouldn't just be a trials of advocacy,
  • 38:04but also how best to do it.
  • 38:06How do you increase?
  • 38:08Uptake.
  • 38:11And then very quickly I
  • 38:13received countless emails,
  • 38:15really objecting to that
  • 38:17perspective in a really well
  • 38:19written piece by professor writer,
  • 38:22she published, you know,
  • 38:24and questioned whether or not a
  • 38:27public health crisis justifies more
  • 38:30research with incarcerated people
  • 38:32and specifically laying out which
  • 38:35I think is quite important that you
  • 38:38can't truly have informed consent.
  • 38:41In systems with deep structural coercion,
  • 38:44her piece ends, you know, and I quote.
  • 38:47But if the car show institution itself
  • 38:49imposes extreme social deprivations,
  • 38:52research participation among those
  • 38:54incarcerated might never be ethical,
  • 38:56and I think it's important you know I
  • 38:58spent a good deal of this evening's
  • 39:01talk talking about the deep social
  • 39:04deprivations within the carceral system.
  • 39:07But this end conclusion really
  • 39:09gives me pause,
  • 39:10especially because I'm surrounded.
  • 39:12By people that have been incarcerated
  • 39:15that know first-hand the structural
  • 39:17coercion and that disagree with her
  • 39:19statement that who feel strongly that
  • 39:21the decisions that have made them
  • 39:24by others who aren't incarcerated,
  • 39:26strip them of their autonomy
  • 39:28and their humanity.
  • 39:29And so this letter has come in from
  • 39:32an incarcerated student who listened
  • 39:34to one of our station webinars on this
  • 39:37issue and he writes describing an idea
  • 39:40that he has for his own study and I quote.
  • 39:44Another suggestion I have would
  • 39:46follow my question, Idea,
  • 39:48questionnaire, idea.
  • 39:49Of course after gleaning data
  • 39:52from it would be.
  • 39:54To set up a pilot program of inmate
  • 39:56volunteers who would either participate
  • 39:58in ongoing clinical trials for
  • 40:01COVID-19 or any virus of that matter,
  • 40:03and it goes on and you know,
  • 40:06I know that this is kind of a
  • 40:08contentious issue of including
  • 40:10incarcerated people clinical trials.
  • 40:12But this letter and the voices
  • 40:14incarcerated people really raised
  • 40:16important questions of who is
  • 40:18being excluded from research who
  • 40:20reaps the benefits of research and
  • 40:22why they haven't been included.
  • 40:24Decisions about scientific governance.
  • 40:27So we currently have a NIH grants
  • 40:30looking at COVID-19 testing and
  • 40:33prevention and correctional systems.
  • 40:35A specific aim is really to identify
  • 40:38ethical concerns and potential solutions
  • 40:40to testing and vaccine strategies
  • 40:43using a Community engaged strategy.
  • 40:45And it's a real mixed group of researchers,
  • 40:49physicians,
  • 40:50historians.
  • 40:50Legal scholars will note an ethicist
  • 40:53in their psychologists,
  • 40:54never incarcerated and formerly
  • 40:56incarcerated individuals.
  • 40:57Who constitute at the research team
  • 41:00and together we've been really
  • 41:02trying to grapple with this idea,
  • 41:04which isn't new of expanding the
  • 41:06frame of voluntariness in informed
  • 41:08consent to include an acknowledgment
  • 41:10of structural coercion.
  • 41:11And, you know,
  • 41:12we've gone so far as to really
  • 41:15think about kind of, you know.
  • 41:18You know, of course,
  • 41:20consent is the legal term is it?
  • 41:22Should it be a set like is is
  • 41:25a cent more appropriate and of
  • 41:27course ascent doesn't make sense.
  • 41:30These are adults.
  • 41:31There's no other legal authority
  • 41:33that can stand in and then sign
  • 41:35an consent and so had turned two
  • 41:38decades worth of legal scholarship
  • 41:40looking at consent and.
  • 41:43In a police search for vehicles so you know,
  • 41:46of course,
  • 41:47when a police stop ****
  • 41:49they've got a gun and they're asking
  • 41:51for permission to search your vehicle.
  • 41:53You have to consent.
  • 41:55But of course this there's all
  • 41:56sorts of structural coercion
  • 41:58embedded in that voluntary consent,
  • 42:00and so you know in the in many
  • 42:03localities what they're now doing is
  • 42:05an acknowledgment of that consent,
  • 42:07like the police officer has to
  • 42:09give the person a piece of paper
  • 42:12saying that these are your rights.
  • 42:14And you can choose not to consent.
  • 42:17Professor Tracy mirrors that.
  • 42:18The Yellow School has been doing much of
  • 42:21this work for the last now two decades,
  • 42:24and we thought that maybe that this
  • 42:26would be a place that can inform our own
  • 42:29notions of voluntariness in informed
  • 42:31consent within health research forward.
  • 42:33And So what we've tried
  • 42:35to do is think through.
  • 42:37And this is a real preliminary draft
  • 42:40of a kind of social ecological model.
  • 42:44Conceptualising the determinants of
  • 42:45structural coercion within correctional
  • 42:47systems and and how coercion would play
  • 42:50out in health research and in particular,
  • 42:52you can see these multiple different levels.
  • 42:55Individual interpersonal, social,
  • 42:56community and structural structure,
  • 42:57of which there are many,
  • 42:59many kind of coercive factors.
  • 43:01But even at the individual level right now,
  • 43:04or Arby's of course,
  • 43:06have us think through mental health,
  • 43:08cognitive impairment,
  • 43:09health literacy, but length of them.
  • 43:11Confinement might be a unique dimension too.
  • 43:14Whether or not it the risks outweigh
  • 43:17the benefits for certain individuals.
  • 43:19Again, at the interpersonal level,
  • 43:21thinking bout the researcher,
  • 43:23participant,
  • 43:23DYAD,
  • 43:23the researchers understanding
  • 43:25of structural coercion,
  • 43:26there two might be a place of having
  • 43:28kind of more bolstered supports that
  • 43:32really acknowledging the structural
  • 43:34coercion going all the way to the structural.
  • 43:38Domains again,
  • 43:38you know,
  • 43:39really kind of being able to understand
  • 43:41what is the quality of an access
  • 43:44to health care within correctional
  • 43:46systems before you start a health
  • 43:49service health research trial?
  • 43:50Do they have copayments?
  • 43:52What's accreditation and governance
  • 43:53look like?
  • 43:54What are the conditions of confinement
  • 43:57where the abilities to communicate
  • 43:59with trusted people or even the
  • 44:02ability to get access to information?
  • 44:05And So what we've started thinking
  • 44:07through is how a research plan,
  • 44:10putting the onus on the researcher
  • 44:12to address structural coercion,
  • 44:14like even a checklist that you
  • 44:16have to submit before an IRB or an
  • 44:20acknowledgment of that structural coercion,
  • 44:22and so at the individual level.
  • 44:24For instance,
  • 44:25perhaps that for certain trials there
  • 44:27might be additional considerations
  • 44:29of if a person, for instance,
  • 44:32is right now convicted to serve.
  • 44:34A lifetime behind bars their risk
  • 44:37benefit ratio for participating in a
  • 44:40clinical trial for a COVID-19 vaccine
  • 44:42might be really different than the
  • 44:44person that's just in and out of jails,
  • 44:47and will be scheduled to be
  • 44:50released within days, weeks,
  • 44:52or even a year.
  • 44:53We were thinking about kind of
  • 44:55at the interpersonal level that
  • 44:57maybe participants would sign an
  • 45:00acknowledgement of the structural coercion,
  • 45:02but researchers might maybe should
  • 45:04complete a standardized training.
  • 45:06Find structural coercion,
  • 45:07acknowledging the different
  • 45:08ways and how they've
  • 45:10thought through this.
  • 45:11Similarly, maybe, correctional officers
  • 45:13should be thinking through this before,
  • 45:16and it could be standardized training
  • 45:18for correctional facilities that
  • 45:20engage in research and then for the
  • 45:23more structural issues you know.
  • 45:25Again, going to COVID-19 vaccine trials,
  • 45:28you couldn't, for instance,
  • 45:30do a trial unless you could assure that
  • 45:33you know no one would be doing a trial
  • 45:37just to get access to COVID-19 testing.
  • 45:40As a researcher,
  • 45:41you would have to provide access to care,
  • 45:44so access to COVID-19 testing for all,
  • 45:47regardless of participation.
  • 45:48Similarly,
  • 45:48you know participation in COVID-19
  • 45:50tiles shouldn't be your only way of
  • 45:53getting information about COVID-19,
  • 45:54and so you would as a researcher would
  • 45:57be responsible for making certain
  • 45:59that people had access to iPads,
  • 46:01libraries,
  • 46:01phone calls so that they could
  • 46:03get information about COVID-19 or
  • 46:05make decisions about participation
  • 46:07with more information.
  • 46:12But you know, I think our where we're
  • 46:15landing and where we consistently
  • 46:17land is that the critical importance
  • 46:20of including currently and
  • 46:22formerly incarcerated people in
  • 46:24the governance of health research.
  • 46:27We do this. We have a, you know,
  • 46:30a representative within our IRB's.
  • 46:33But really, thinking about kind
  • 46:35of larger forms of governance and
  • 46:39certainly in the decision making
  • 46:41of whether or not individuals.
  • 46:44As whether or not studies should be
  • 46:46going on in correctional systems.
  • 46:49I mean we turn to the 2003 IOM
  • 46:51report and really kind of strike and
  • 46:53land on the importance of having
  • 46:56incarcerated people at the table
  • 46:58discussing these broader policy's.
  • 47:01You know, it's been in my process of,
  • 47:04you know, me of working alongside
  • 47:06my colleagues and friends,
  • 47:08and this is a picture of our Community
  • 47:10health workers within transitions clinic.
  • 47:13That I've started to see this
  • 47:14important view of that by not including
  • 47:16incarcerated people in our data
  • 47:18infrastructure and our public health
  • 47:20data infrastructure in our systems.
  • 47:21In our science, it too is a way of
  • 47:23saying that their lives don't matter,
  • 47:26and so you know.
  • 47:29It's here though,
  • 47:30that I think we're really kind
  • 47:32of interested in having further
  • 47:34conversation about what this would look
  • 47:37like and how this would look like.
  • 47:39Really.
  • 47:39Recognizing and certain truth,
  • 47:41which is that, of course,
  • 47:43health care in most correctional
  • 47:44systems is a form of structural violence,
  • 47:47but you know.
  • 47:49The bioethics of health research
  • 47:51in correctional systems,
  • 47:52I think should acknowledge,
  • 47:53and really doesn't right now,
  • 47:55deeply.
  • 47:55But it should acknowledge and should
  • 47:57attend to structural coercion.
  • 47:59But I would argue that it shouldn't
  • 48:01preclude incarcerated people's
  • 48:02participation in research,
  • 48:03and this is kind of the question at
  • 48:05hand that the pandemic presents to us.
  • 48:08And then lastly,
  • 48:09I think if you're taking anything
  • 48:10away from this talk is that including
  • 48:13incarcerated people and the governance
  • 48:14and the decision making of research
  • 48:17is really critical to ensuring justice.
  • 48:20I'm in it end with this photo
  • 48:23and state this that you know I.
  • 48:25I think like while for most of you
  • 48:28I'd imagine on the web and are today,
  • 48:32you don't practice in corrections,
  • 48:33you don't conduct trials in
  • 48:35prisons and jails.
  • 48:37We can categorically look at the
  • 48:39healthcare delivery behind bars
  • 48:40and recognize that it's coercive,
  • 48:42violent, and deeply unethical.
  • 48:44But you know,
  • 48:46I want to expand our thoughts
  • 48:47about how our own practice in
  • 48:49our community is compromised by
  • 48:50the reach of the carceral system.
  • 48:53And so you know,
  • 48:53when I see a picture like this and
  • 48:56the patient to shackle 2 rolls
  • 48:57into our emergency department or
  • 48:59in our clinical offices,
  • 49:01why is it that we as a Community
  • 49:03permit the shackling?
  • 49:04See the power to correctional officers?
  • 49:06Let them stay in the room.
  • 49:08Why is it that we're not holding
  • 49:10ourselves to the highest standards of care,
  • 49:12honoring patients rights to privacy,
  • 49:13or not autonomy, and so?
  • 49:15You know,
  • 49:16my hope is that our conversation
  • 49:18today what we're engaging with the
  • 49:20massage center you know which is
  • 49:22largely focused today on clinical trials.
  • 49:24Hopefully can open up conversations
  • 49:27about how our practice as a whole.
  • 49:30I want to change really recognizing
  • 49:32the humanity and the millions of
  • 49:34individuals that have been incarcerated
  • 49:36and recognize the complicity that we
  • 49:39have in a system that's health harming.
  • 49:41So I'm going to stop here and take questions.
  • 49:45I really appreciate the opportunity
  • 49:46to talk this evening.
  • 49:51Thank you so much Emily.
  • 49:53That was a really eye opening
  • 49:56talk that that you gave and you
  • 49:59brought up a lot of really,
  • 50:01really critical questions that that.
  • 50:03I think many of us may not have
  • 50:06asked ourselves because we are
  • 50:08pretty insulated from the realities
  • 50:11of the carceral system that
  • 50:13you've really nicely illustrated.
  • 50:16Would encourage participants to
  • 50:18submit questions in the Q&A.
  • 50:20I'm I'm going to start with with
  • 50:23a question which is that you know
  • 50:26it's it's clear that that as you've
  • 50:28stated that the delivery of health
  • 50:31care within the carceral system
  • 50:33is is unethical in several ways,
  • 50:36and I think you know this this idea
  • 50:39what what you're proposing is that you know,
  • 50:42in fact,
  • 50:43while the idea of excluding prisoners
  • 50:46from research is a way of protecting them,
  • 50:49that in some ways that.
  • 50:51That's a paternalistic.
  • 50:55Impulse that actually strips them
  • 50:56even more of dignity and autonomy
  • 50:58than than they already are.
  • 51:00And recognizing that there's
  • 51:02structural coercion,
  • 51:03but finding some way to sort of
  • 51:05balance that with with prisoners
  • 51:07seeking more autonomy and dignity,
  • 51:09perhaps through contribution
  • 51:10to research that may give them
  • 51:12a sense of purpose,
  • 51:13which often is linked to dignity,
  • 51:16is really is really compelling.
  • 51:17And just this idea that you're advancing
  • 51:20that that prisoners should really,
  • 51:22or that people who have been
  • 51:24incarcerated in the past.
  • 51:26In particular, should be greater
  • 51:27stakeholders in these discussions.
  • 51:29Yeah, go ahead,
  • 51:29you know.
  • 51:30I mean,
  • 51:31I think like
  • 51:32I just there's so many kind of
  • 51:34conversations that I've been in through
  • 51:36these years and you know, to me it's.
  • 51:40I I think you hit the nail on
  • 51:42the head that it's course we
  • 51:45look at the commercial system.
  • 51:46We look at health care delivery
  • 51:48behind bars and you know there's
  • 51:50parts that are just deeply grotesque,
  • 51:52like there's just no other way to say it,
  • 51:55right? It is a deep form,
  • 51:57deep form of violence and and people
  • 51:59that are incarcerated are are,
  • 52:01you know, there's so many levels
  • 52:03of deprivation and one is through
  • 52:05the the delivery of health care.
  • 52:07But I will say this is that you
  • 52:09have been in conversations with.
  • 52:12Colleagues that have been
  • 52:13incarcerated where people who are
  • 52:16incarcerated can't donate a kidney.
  • 52:17To a loved one.
  • 52:19You know, so they their ability,
  • 52:21but but you know have kind of the
  • 52:23ability to consent to like wave
  • 52:25wave an attorney at trial, right?
  • 52:27And so we're willing to kind of
  • 52:29extend consent and voluntariness,
  • 52:31and these notions of autonomy
  • 52:32and personhood in one domain,
  • 52:34and then totally unwilling
  • 52:35to do so in another.
  • 52:36And I think that that strikes at the core
  • 52:39for me as like it's worthy of interrogation.
  • 52:42Like, I don't know where it
  • 52:44ought to settle and sit, I,
  • 52:46I'm not even stating that I think I mean,
  • 52:48I, I personally do think like.
  • 52:50Course I sit on the side of we
  • 52:52just have to too little knowledge.
  • 52:54I wish I could figure out the best
  • 52:56way to kind of administer vaccines
  • 52:58and correctional facilities.
  • 52:59There aren't good trials that there's just.
  • 53:01You know, there's no knowledge there,
  • 53:03but we have to start with saying like
  • 53:05we just have to tackle the beer.
  • 53:08Easy,
  • 53:08like the question that's been there
  • 53:10since 2003 of like what are we gonna do?
  • 53:13We just don't have any
  • 53:14data right? Yeah right this is.
  • 53:16This is a tough question that I'm going
  • 53:19to ask but I'm going to ask it anyway only
  • 53:22because it's so broad and and you know,
  • 53:25it's not just an ethical question,
  • 53:27but a legal one as well.
  • 53:29What do you think?
  • 53:30You know we're talking about the realities
  • 53:32within a carceral system of health care.
  • 53:34That that are again as you pointed out,
  • 53:37deeply problematic in many ways.
  • 53:39But what about sort of upstream of that
  • 53:41reform of the criminal justice and system
  • 53:44to prevent so many incarcerations what?
  • 53:46What if you were sort of in charge?
  • 53:49What do you think would be the top
  • 53:52priorities for criminal justice reform?
  • 53:54And again,
  • 53:55I know that's a really big fraud question,
  • 53:58but I'd love to hear your
  • 54:00thoughts on that. Yeah, so I I.
  • 54:04There are so many energies right now
  • 54:06towards kind of decarceration right?
  • 54:08Then it comes from all.
  • 54:10All you know, both parties
  • 54:11people that are from the Koch
  • 54:13brothers all the way to kind of,
  • 54:15you know, abolitionists like many,
  • 54:17many people are in agreement that
  • 54:18mass incarceration hasn't worked.
  • 54:20And for me, I think where I spend
  • 54:22most of my energies is really thinking
  • 54:24about where it is that our health
  • 54:26system where it is that you know our
  • 54:29privileges in our powers has health care.
  • 54:31Providers can really move the
  • 54:33needle and so undoubtedly.
  • 54:34In looking that you know substance
  • 54:36use people with substance use
  • 54:37disorders shouldn't be incarcerated.
  • 54:39People with mental health conditions
  • 54:40shouldn't be incarcerated.
  • 54:41Things that are kind of social needs like
  • 54:44homelessness shouldn't be criminalised.
  • 54:45So that's the first.
  • 54:47But you know I'm just going to caveat this.
  • 54:50But just like those are the low,
  • 54:52easy hanging fruit,
  • 54:53the reality of it is Sir,
  • 54:55are the system of mass incarceration
  • 54:57is been going on and it's a system
  • 55:00right that it's been going on
  • 55:01for four decades that even those
  • 55:03that were picked up for you know.
  • 55:06Three strikes and selling cocaine
  • 55:09or using etc.
  • 55:10Once you've gone and rolled through
  • 55:13the carceral system inevitably,
  • 55:15because if there's it's violent,
  • 55:17there's trauma.
  • 55:18You know, that creates kind of more.
  • 55:24Kind of difficulties within
  • 55:25individuals you come home on,
  • 55:26parole and probation, right?
  • 55:27Like it breeds violence, right?
  • 55:29You come home on parole and probation.
  • 55:31And then there's all sorts of other rules
  • 55:33that are parole and probation violations.
  • 55:35And you know, just to kind of label a few.
  • 55:38It's like you go a certain block.
  • 55:40If you go, you know, like there's just.
  • 55:42So if you don't show up to your parole or
  • 55:45probation officer, that's a violation.
  • 55:47You end up back in your sentence is lengthen,
  • 55:49and so the process kind of just continues.
  • 55:52And So what I would say is.
  • 55:54Much of what I think it has to happen is
  • 55:57that it's not just a criminal justice issue.
  • 56:00You know it is really an issue.
  • 56:02It's not just about eliminate ING,
  • 56:03you know mandatory sentence things,
  • 56:05which of course should happen.
  • 56:06The length of sentence is all of
  • 56:09that judicial reform, all of that.
  • 56:10All of that is true and needs to happen.
  • 56:13We arrest how we arrest, etc.
  • 56:15But I think what really that the
  • 56:17harder conversation, I think,
  • 56:18is that in order for at the prison
  • 56:21and jail system to come down.
  • 56:23Even if we stop,
  • 56:24even if we stop incarcerating people
  • 56:26based on their substance use disorder,
  • 56:28mental health conditions
  • 56:30in their homelessness.
  • 56:32There are people that have been
  • 56:34convicted of violent offenses.
  • 56:35There are people that have,
  • 56:37you know, never did anything violent,
  • 56:39then got incarcerated,
  • 56:40then started kind of getting in the mix.
  • 56:42Then you know,
  • 56:43like you get charged with violence.
  • 56:45And that's the conversation that
  • 56:47we have to have as a nation is.
  • 56:50We have incarcerated far,
  • 56:51far too many people.
  • 56:52I mean, you step out in any other country.
  • 56:56It in the world, right?
  • 56:58And so again,
  • 56:59I gave the example of Finland just because
  • 57:02it's how where I visited most recently,
  • 57:05the longest longest time behind bars
  • 57:08of any single person is 14 years.
  • 57:11We have sentences.
  • 57:12Right now there's like 3 lifetimes, you know.
  • 57:15So we have to kind of really
  • 57:18interrogate our values like where,
  • 57:20where did they start?
  • 57:21We also have no minimum age
  • 57:23for children to be incarcerate.
  • 57:25The youngest person that's incarcerated
  • 57:27in this country spot California.
  • 57:29So our system when I get asked that question,
  • 57:32I'm like,
  • 57:33I think that there's much to be done,
  • 57:35you know,
  • 57:36and certainly from a health system
  • 57:37like we can be advocating for the
  • 57:39decriminalization of things that
  • 57:40we know to be health conditions.
  • 57:42We also, as a health system,
  • 57:44can get everyone home start transitions,
  • 57:46clinic programs, hire people with histories,
  • 57:47incarceration of work in the House system.
  • 57:49But there's this larger issue,
  • 57:51you know, eliminate in Connecticut.
  • 57:52We have a bill right now that's up,
  • 57:55which is once you've been convicted.
  • 57:56You've served your time.
  • 57:58There should be a clean slate.
  • 57:59You no longer are.
  • 58:00Kind of prohibited from getting a
  • 58:02job you're no longer prohibited
  • 58:04from getting food stamps etc based
  • 58:06on a criminal record.
  • 58:07Your slates wiped clean.
  • 58:08If served your time,
  • 58:10why should you have to serve more?
  • 58:12So those are obvious easy ones,
  • 58:13but the deeper part where we have to go,
  • 58:16I think, is the part that I'm itching for.
  • 58:18People to go is to really think about like,
  • 58:21you know, we're all comfortable
  • 58:22with those kinds of conversations.
  • 58:24Not comfortable with is that because
  • 58:25we've been doing this for four decades,
  • 58:27we have to go to the harder
  • 58:29place of what our values.
  • 58:31How long do we think what?
  • 58:33What should a system of justice look like?
  • 58:35You know, are we looking for punishment?
  • 58:37Are we looking for accountability?
  • 58:39Are we looking for justice?
  • 58:40And so anyhow,
  • 58:41you opened up a bag of words I
  • 58:43could talk about this for, really.
  • 58:47Well, thank you so much.
  • 58:49I'm going to turn to some of
  • 58:52the audience questions now.
  • 58:54We have a question in cases when
  • 58:56people who are incarcerated receive
  • 58:58care that falls below the standard
  • 59:00of care to the point that it meets
  • 59:03the definition of malpractice.
  • 59:04Do they have access to malpractice
  • 59:06suits to compensate them
  • 59:07financially and otherwise?
  • 59:09Is this different
  • 59:10in theory versus in practice so they?
  • 59:13I, I think that the issue is like you know,
  • 59:18in theory I suppose they do.
  • 59:21In practice it's about you know
  • 59:23getting a lawyer, getting a person,
  • 59:26getting the evidence etc.
  • 59:28And that is far, far harder to do,
  • 59:32you know, so you know.
  • 59:34There are of course cases against
  • 59:37correctional officers, facilities,
  • 59:38health care providers behind bars.
  • 59:40You know we've we've seen malpractice,
  • 59:43I would say.
  • 59:44Among our patients that have
  • 59:46returned home that received care
  • 59:48post release and transitions,
  • 59:49you know, bad bad care.
  • 59:51But I would say that that's not
  • 59:53the primary avenue of reform
  • 59:55and most do not kind of end
  • 59:56up getting a malpractice suit
  • 59:58and getting a big settlement.
  • 01:00:02OK. Our next question is,
  • 01:00:05what can healthcare workers in
  • 01:00:07the carceral system possibly do to
  • 01:00:09improve health care for the prisoners?
  • 01:00:11Do they have any power
  • 01:00:13to affect changes? Yeah,
  • 01:00:14I really appreciate this question.
  • 01:00:16'cause I think one of the things that I
  • 01:00:19think is really important is to 1st state,
  • 01:00:22which I didn't state here is that
  • 01:00:23there's a real heterogeneity across
  • 01:00:25correctional system, so there's 5000
  • 01:00:28jails and prisons across the country,
  • 01:00:30and you know each of them are governed
  • 01:00:32and overseen in different ways, right?
  • 01:00:34And so kind of. We've seen one gel.
  • 01:00:37You've seen one jail, right?
  • 01:00:39And I think what is important to
  • 01:00:42note there is that and let me just
  • 01:00:45give you an example of Rikers so.
  • 01:00:48Good friend of mine used to be the
  • 01:00:50medical director Homer Venters.
  • 01:00:52He no longer is.
  • 01:00:53He serves now on Biden's task force
  • 01:00:55for equity right at and when he
  • 01:00:58was the medical director of Rikers,
  • 01:01:00which is a large jail system
  • 01:01:02in New York City.
  • 01:01:03The many different ways that you
  • 01:01:05can advocate for the health care
  • 01:01:07of people that are behind bars,
  • 01:01:10some of which we'll talk a lot about,
  • 01:01:12is using an electronic health record
  • 01:01:14to document kind of correctional
  • 01:01:16officer infractions right of like
  • 01:01:18starting to look at the rates of.
  • 01:01:20Self harm looking at the rates of
  • 01:01:22traumatic brain injury and recognizing
  • 01:01:24that if the rates are so much higher
  • 01:01:27among those that are incarcerated in
  • 01:01:29Rikers and obviously there's an issue,
  • 01:01:31and so he'll often talk about
  • 01:01:33the electronic health record
  • 01:01:34as a human rights tool.
  • 01:01:36But I think the other thing
  • 01:01:38is that it is important.
  • 01:01:40Like look because there's a
  • 01:01:41constitutional guarantee for health care.
  • 01:01:43It means that that place needs us,
  • 01:01:45needs people that are health care providers.
  • 01:01:48And of course there are health
  • 01:01:51care providers that are.
  • 01:01:53Trained social justice minded individuals
  • 01:01:55that are practicing in correctional systems.
  • 01:01:57And so I think that there are just many,
  • 01:02:01many examples of how having
  • 01:02:03providers inside is important.
  • 01:02:05I mean I,
  • 01:02:06I think good providers providers
  • 01:02:09that are willing to kind of.
  • 01:02:12Practice medicine,
  • 01:02:12good quality samaesan and think about
  • 01:02:15systems changes for correctional systems.
  • 01:02:17I mean I,
  • 01:02:18I can also give another example of the Rhode
  • 01:02:21Island Department of Corrections right now.
  • 01:02:24Their vaccine rate is at 70%.
  • 01:02:26They've thought really deeply about how
  • 01:02:28to engage those who are incarcerated.
  • 01:02:31People that work within correctional
  • 01:02:33systems and have gotten really
  • 01:02:35high rates of vaccine uptake.
  • 01:02:37Compared to, you know,
  • 01:02:38better than many, many communities.
  • 01:02:40Even in Connecticut, right?
  • 01:02:41And so there are examples of
  • 01:02:43how to do it and how to do it.
  • 01:02:46Well.
  • 01:02:46It's just that it's not the norm,
  • 01:02:49and I would say,
  • 01:02:50and also that there's no way of of
  • 01:02:52there's no state or federal regulation.
  • 01:02:54And So what I mean by that is like
  • 01:02:56if you think about Dzeko that comes
  • 01:02:59into our hospital system and at
  • 01:03:01least has some bare bones, you know,
  • 01:03:03kind of metric of quality care
  • 01:03:05before you're going to receive your.
  • 01:03:07Funds from CMS.
  • 01:03:09There's no such thing,
  • 01:03:10so the state gives the Connecticut
  • 01:03:12Department of Corrections the
  • 01:03:14cash. There's no transparent reporting.
  • 01:03:15We don't know how we're doing.
  • 01:03:17You don't Ding, you know,
  • 01:03:19get dinged by Jacob for an infraction.
  • 01:03:21And so that's what I mean by that.
  • 01:03:25One that there is heterogeneity
  • 01:03:27across all systems, but two.
  • 01:03:28We really don't know how good
  • 01:03:30or bad they are, and three,
  • 01:03:32there just isn't oversight,
  • 01:03:33and so that's what's problematic.
  • 01:03:35But I do want to say that there's
  • 01:03:38many health care providers
  • 01:03:39that are behind bars that.
  • 01:03:42Practice amazing medicine.
  • 01:03:45Thank you. The next question I think
  • 01:03:49you've touched upon this a bit,
  • 01:03:51but just I will read it.
  • 01:03:53Can you clarify if state or
  • 01:03:55federal guidelines mandate
  • 01:03:56prison healthcare standards?
  • 01:03:57Oh OK, because I know you talked about,
  • 01:04:00you know, from a constitutional standpoint,
  • 01:04:02but from a more direct standpoint.
  • 01:04:04And then do all states have copays?
  • 01:04:06So can you comment a little
  • 01:04:08bit more about that?
  • 01:04:09Yeah, I
  • 01:04:10wish I knew there's just a paper that
  • 01:04:13was published about this so I I do
  • 01:04:15know that not all states have it,
  • 01:04:17but most states. Too, and they do it.
  • 01:04:20Same for kind of it is both
  • 01:04:22a way of raising capital.
  • 01:04:24But it's also a way of reducing
  • 01:04:26kind of what they see are like
  • 01:04:28specious requests for healthcare.
  • 01:04:30OK.
  • 01:04:33So I'm I'm going to ask just because I I
  • 01:04:36know you said you wanted to sort of spur
  • 01:04:39some debate and so I'll ask a question
  • 01:04:42that that I don't think is contentious.
  • 01:04:44But is something that that maybe some people
  • 01:04:47think you know with with respect to sort of.
  • 01:04:50Balancing different different
  • 01:04:51rights and obligations. So how?
  • 01:04:54How might one balance respecting the
  • 01:04:56dignity and autonomy of prisoners?
  • 01:04:59Versus, for example, you know,
  • 01:05:01shackling prisoners like like you showed
  • 01:05:03us that example versus protecting
  • 01:05:06the safety of clinicians because
  • 01:05:08actually violence against clinicians,
  • 01:05:10and I don't mean just from from
  • 01:05:14incarcerated individuals across the board,
  • 01:05:16violence against clinicians and healthcare
  • 01:05:18providers actually is a huge problem.
  • 01:05:21And you know whether whether it's right,
  • 01:05:24whether it's actually evidence based to
  • 01:05:26have more fear of prisoners versus just
  • 01:05:28a prejudicial fear that's not found in
  • 01:05:31evidence across the board of violence
  • 01:05:33against health care providers is an issue.
  • 01:05:36So could you comment a little bit about that?
  • 01:05:39And in terms of balancing rights,
  • 01:05:41balancing autonomy versus safety,
  • 01:05:43and speaking a little bit
  • 01:05:45more about that topic totally?
  • 01:05:47I appreciate that question, you know,
  • 01:05:49and I think that part of for me.
  • 01:05:52Is that I wish I had kind of an
  • 01:05:55easy off the cuff answer I and
  • 01:05:58you know I I had mentioned to you.
  • 01:06:01I recently had the opportunity to
  • 01:06:03speak at one of the departments in at
  • 01:06:07Yale talking explicitly about this and
  • 01:06:09so really recognize that this is it,
  • 01:06:12just a place of conversation,
  • 01:06:14but also strikes a lot of concerns
  • 01:06:16and there really valid concerns
  • 01:06:18of concern for clinicians.
  • 01:06:20Safety of running kind of clinical spaces so.
  • 01:06:23To me, I think some of the issues are
  • 01:06:26the concerns that I have is that.
  • 01:06:30The way that policies are made rarely include
  • 01:06:33patients or others perspectives rights like
  • 01:06:35they rarely include those that are shackled.
  • 01:06:37They rarely include those that are, you know,
  • 01:06:39even you know if you look at the C-Suite,
  • 01:06:42they rarely include people of racial
  • 01:06:44and ethnic minority groups, right?
  • 01:06:46And so to me, I think the first and foremost
  • 01:06:49is to have a kind of community conversation
  • 01:06:51about what it feels like to have.
  • 01:06:54For instance,
  • 01:06:54a police officer in a clinic like,
  • 01:06:57is that necessary?
  • 01:06:58Do they have to be armed?
  • 01:07:00Are there other ways to create
  • 01:07:02safety that don't require this?
  • 01:07:03Because I think that what is a common
  • 01:07:07conception is that we would all agree that we
  • 01:07:10would want the police officer to be there.
  • 01:07:14But you can also imagine a environment
  • 01:07:16where you know some providers wouldn't feel
  • 01:07:19safe with a police officer there, right?
  • 01:07:22And so to me, I just think we haven't
  • 01:07:26created a space like again where we've
  • 01:07:28talked about this honestly and openly.
  • 01:07:31You know, I again think that.
  • 01:07:34Oftentimes we create kind
  • 01:07:35of notions of what happens,
  • 01:07:36or it is the status quo, and there it is.
  • 01:07:39Like there's police officer,
  • 01:07:40the person shackled.
  • 01:07:41We don't know what to do.
  • 01:07:42You know I get to ask this question
  • 01:07:44all the time from students and
  • 01:07:46residents that that work with us and.
  • 01:07:49Why it has to be and so I you know,
  • 01:07:52I frequently in my own clinical care.
  • 01:07:54I mean, I do when I walk into the room,
  • 01:07:57acknowledged patient first,
  • 01:07:58then turn ask the correctional
  • 01:08:00officer to leave,
  • 01:08:01then ask if they can be unshackled.
  • 01:08:03I need to do an exam etc and but I I
  • 01:08:06recognize that most don't feel many,
  • 01:08:08don't feel comfortable or don't
  • 01:08:10have the language,
  • 01:08:11and I think the most important piece of that
  • 01:08:13is that we have to have this conversation.
  • 01:08:16You know,
  • 01:08:17I've never been in a setting
  • 01:08:18where we talk explicitly.
  • 01:08:20And about what it feels like or how it
  • 01:08:23feels like or what the policy should be.
  • 01:08:27An after that conversation,
  • 01:08:28then create policies that are living,
  • 01:08:30breathing policies that reflect
  • 01:08:32kind of the whole of our community.
  • 01:08:34Recognizing that I,
  • 01:08:35I do think that it is a place where
  • 01:08:39there's cause for concern and you know,
  • 01:08:42I'll say this is that for incarcerated
  • 01:08:44patients they are shackled in many states
  • 01:08:47when they give birth their shackled.
  • 01:08:49When they get intrathecal chemotherapy.
  • 01:08:52And so I,
  • 01:08:53I just can't imagine you know that there's
  • 01:08:56a provider at the other end of that.
  • 01:08:58There's a oncologist that's given
  • 01:09:00the intrathecal therapy, you know.
  • 01:09:02And so.
  • 01:09:03It warrants conversation that
  • 01:09:04we just haven't had.
  • 01:09:06Yeah,
  • 01:09:07I, I think that's that's
  • 01:09:08a really nuanced answer.
  • 01:09:10And and that I think that that's a I
  • 01:09:13think you're absolutely right that it
  • 01:09:15isn't going to be an easy off the cuff.
  • 01:09:19One size fits all.
  • 01:09:20Oh well, this will just be our policy,
  • 01:09:23and I think it does.
  • 01:09:25Certainly as a non expert
  • 01:09:27in carceral healthcare,
  • 01:09:28but it seems to me like certainly
  • 01:09:31at least two salient factors
  • 01:09:32emerge based on what you said,
  • 01:09:35one of them being.
  • 01:09:36What's the nature of the care being
  • 01:09:39given and so certain things that
  • 01:09:41are particularly either important
  • 01:09:43in someone's life like giving
  • 01:09:45birth or potentially very stressful
  • 01:09:48or distressing or uncomfortable
  • 01:09:49like receiving chemotherapy.
  • 01:09:50It seems you know just just our
  • 01:09:53moral intuition is it's maybe
  • 01:09:55more problematic for someone to be
  • 01:09:58shackled during something like that,
  • 01:10:00as opposed to.
  • 01:10:02Having an Abscess drained,
  • 01:10:03although many may argue, well,
  • 01:10:05that's a very stressful thing too,
  • 01:10:07and we shouldn't ever have people shackled,
  • 01:10:08and I think you're right that
  • 01:10:10we we need to have sort of a an
  • 01:10:12intentional debate about that rather
  • 01:10:14than just sort of accepting the
  • 01:10:16status quo and the other factor
  • 01:10:17that that seems to me that would
  • 01:10:19be very salient in this discussion,
  • 01:10:21is is what is the nature of the
  • 01:10:23offense for which the person is incarcerated?
  • 01:10:26No,
  • 01:10:27that's not again necessarily to
  • 01:10:28say this should be the the beyond
  • 01:10:30and all in determining.
  • 01:10:32But you know, is it.
  • 01:10:33Is it reasonable?
  • 01:10:34Is there a difference between shackling
  • 01:10:35of completely nonviolent offender
  • 01:10:37versus shackling an offender with
  • 01:10:38a history of significant violence,
  • 01:10:40and is there a spectrum there?
  • 01:10:42Some people may argue that
  • 01:10:44nonviolent offenders shouldn't
  • 01:10:45be incarcerated in the 1st place,
  • 01:10:46which sort of gets back to
  • 01:10:48the initial discussion,
  • 01:10:49but it seems like those are at
  • 01:10:51least two very salient factors.
  • 01:10:53Nature of the offense,
  • 01:10:54whether it's violent or
  • 01:10:55nonviolent and nature of the.
  • 01:10:57The treatment that might be starting
  • 01:10:59points for that discussion.
  • 01:11:00If you think that that's
  • 01:11:02I'm completely off base,
  • 01:11:03suggesting that I certainly welcome
  • 01:11:05your input as to other things
  • 01:11:07that you that you would take into
  • 01:11:10consideration more in in in having
  • 01:11:12that discussion and drafting a living
  • 01:11:13policy with iterative revisions.
  • 01:11:15As as we
  • 01:11:16learn more, I think both of those
  • 01:11:18are domains worthy of consideration,
  • 01:11:20so certainly I will say,
  • 01:11:22you know, again, I think again,
  • 01:11:24thinking about the very many different ways
  • 01:11:26and places where we practice medicine,
  • 01:11:28I think that that's.
  • 01:11:29Critical importance, right like?
  • 01:11:32Is Emily shackling is for
  • 01:11:34safety reasons right?
  • 01:11:35And for those of us that
  • 01:11:36have delivered a child,
  • 01:11:38there's that persons on absconding
  • 01:11:39they're delivering a child, right?
  • 01:11:41Have a needle in your back?
  • 01:11:43You're not gonna abscond, right?
  • 01:11:44So I think that that's
  • 01:11:46one kind of conversation,
  • 01:11:47but it's worth having the second
  • 01:11:49point that I think many people do.
  • 01:11:51Think about I,
  • 01:11:52I probably I do disagree with and,
  • 01:11:54but I do think it's important for
  • 01:11:56that conversation 'cause that's
  • 01:11:57naturally where your mind goes.
  • 01:11:59You're like,
  • 01:12:00you know they've been convicted
  • 01:12:01of blah blah blah.
  • 01:12:02Bands that you really violent,
  • 01:12:04really terrible,
  • 01:12:05but I contend that there are
  • 01:12:08so many people in our mix that
  • 01:12:10have done terrible things.
  • 01:12:14That have are not caught up in the
  • 01:12:17carshall system and those are people
  • 01:12:19that are more likely to be well off with
  • 01:12:22means and just haven't been caught right.
  • 01:12:24So I I just always to me
  • 01:12:27the conversation you know.
  • 01:12:28And this is maybe more new ones,
  • 01:12:30but just to say that you know again.
  • 01:12:34I'm I work closely and dear friends with
  • 01:12:38people that have been incarcerated have
  • 01:12:41even done, you know, terrible things.
  • 01:12:44And shouldn't be known for the terrible
  • 01:12:47thing they've done 30 years ago.
  • 01:12:49There's people that are in, like I said,
  • 01:12:52for life, afterlife, afterlife,
  • 01:12:53and so it's real hard for us to kind of be
  • 01:12:56discriminating as healthcare providers.
  • 01:12:57So in this case we would.
  • 01:12:59In this case, we wouldn't you know,
  • 01:13:01and because the system is so like,
  • 01:13:04it just is created in ways that
  • 01:13:06I don't think are sensible.
  • 01:13:07So to me.
  • 01:13:08That conversation should be LED with.
  • 01:13:11You know,
  • 01:13:11if we're trying to think about the
  • 01:13:13health and well being of those that
  • 01:13:15work in our healthcare settings and the
  • 01:13:17health and well being of our patients,
  • 01:13:19that should be the guiding principle and we
  • 01:13:21really promote safety like safety meeting.
  • 01:13:23We should have more buzzers for when
  • 01:13:25we feel unsafe, but how do we come,
  • 01:13:28you know, create safety.
  • 01:13:29What are the ways that we deescalate
  • 01:13:30etc versus thinking about kind
  • 01:13:32of that individual?
  • 01:13:33The crime he committed a police officer?
  • 01:13:35The timber round, right?
  • 01:13:36That makes a lot of sense.
  • 01:13:38Thank you. We have another question.
  • 01:13:41You mentioned that for many
  • 01:13:43prisoners the carceral system
  • 01:13:45is the first opportunity for
  • 01:13:46them to access health care.
  • 01:13:48What happens upon release from prison?
  • 01:13:50Is there any transition
  • 01:13:51to healthcare out of jail?
  • 01:13:55So in most prisons and jails in the system,
  • 01:13:57and you know I didn't go too into it,
  • 01:14:00but I appreciate that questions.
  • 01:14:01That's the kind of the focus of what
  • 01:14:04we do in our primary care practice.
  • 01:14:0895% of people that are incarcerated
  • 01:14:10will return back into the
  • 01:14:11community and as I mentioned,
  • 01:14:13it's about like 10 million.
  • 01:14:15But it move in and out of jails
  • 01:14:17and prisons and most return home to
  • 01:14:19settings where you know if you think
  • 01:14:22about like the day you had person
  • 01:14:24for 24 hour OPS in our hospital.
  • 01:14:26At the very least,
  • 01:14:27they're getting the discharge summary.
  • 01:14:29Their medications are called to
  • 01:14:30their primary care provider,
  • 01:14:32like all set up and tidied up.
  • 01:14:34Most folks will return home
  • 01:14:35with no medical records.
  • 01:14:37A very limited supply of medications.
  • 01:14:39And no primary care appointment,
  • 01:14:40and you know where is trying to
  • 01:14:42describe is like if you think about
  • 01:14:44those 40% that are newly diagnosed
  • 01:14:46with their chronic health condition.
  • 01:14:48Let's say it's high blood pressure inside,
  • 01:14:50right?
  • 01:14:50They've never had a call pharmacy.
  • 01:14:52They don't know when to take
  • 01:14:53their medication.
  • 01:14:54They were called to a medication line, right?
  • 01:14:56The correctional officer gets in the Medline.
  • 01:14:58The nurse you know delivers it.
  • 01:15:00She checks to see if you CHEAT SHEET,
  • 01:15:03it's right,
  • 01:15:03and then he swallows it so they don't have
  • 01:15:06kind of the skills and the experience of
  • 01:15:08kind of managing their own medication.
  • 01:15:10And they come home to our communal system,
  • 01:15:13where we expect all of that like.
  • 01:15:15We're like, I'll just get your refill,
  • 01:15:17call the pharmacy,
  • 01:15:18take your medications, you know etc etc.
  • 01:15:21And on top of that people,
  • 01:15:23when they come home,
  • 01:15:24face additional barriers to
  • 01:15:25meeting their basic basic needs.
  • 01:15:27So I mentioned this really quickly,
  • 01:15:29but I I shouldn't.
  • 01:15:30That you know,
  • 01:15:31if you have a criminal record,
  • 01:15:33depending on the state you return home to,
  • 01:15:36you have lifetime bans on food stamps.
  • 01:15:38You have lifetime ban on Section 8 housing.
  • 01:15:41You have perhaps in certain states.
  • 01:15:43Of course, this you even have prohibitions
  • 01:15:46certainly on where you can work,
  • 01:15:48what trade you can practice, right?
  • 01:15:50These are all called collateral consequences,
  • 01:15:53and so when you come home,
  • 01:15:55you have bears to meeting your
  • 01:15:57basic names right of like just food,
  • 01:16:00housing, shelter, food,
  • 01:16:01housing and employment like what your income.
  • 01:16:04And then you now have these new kind
  • 01:16:06of health care priorities help you
  • 01:16:09know chronic condition priorities.
  • 01:16:11That you don't know how to attend to and so.
  • 01:16:14Yeah,
  • 01:16:14most people come home without a
  • 01:16:16primary care appointment without
  • 01:16:18kind of this appropriate transition
  • 01:16:20into primary care and the data from
  • 01:16:22our team and then other show that
  • 01:16:24there's an incredibly high risk of
  • 01:16:26dying immediately post release,
  • 01:16:27like a 12 times increased risk
  • 01:16:29of dying in the first two weeks.
  • 01:16:32Post release.
  • 01:16:34An increased risk of possible caitians
  • 01:16:36increase use of emergency permanent
  • 01:16:38actually worsening of your chronic
  • 01:16:39health conditions and so you know,
  • 01:16:41I think that that is an important
  • 01:16:44point to bring up.
  • 01:16:45Is that even though it looks terrible inside,
  • 01:16:47in fact people do worse once
  • 01:16:50they return home.
  • 01:16:52It is speaking about kind
  • 01:16:53of the population at large.
  • 01:16:56Are there any kind of programs
  • 01:16:58that are specifically aimed
  • 01:16:59at helping that transition?
  • 01:17:01Just like there are at perhaps educational
  • 01:17:03or employment related programs?
  • 01:17:05And could you speak a bit
  • 01:17:07about that? Sure, so
  • 01:17:08you know, I mentioned our
  • 01:17:10transitions clinic program,
  • 01:17:11and that's probably the largest one
  • 01:17:14in national and kind of to attend
  • 01:17:16to the transition of health care.
  • 01:17:18And there are, you know,
  • 01:17:20employment programs here in New Haven.
  • 01:17:22There are organizations that both tend to,
  • 01:17:25let's say financial literacy
  • 01:17:27and getting people.
  • 01:17:28Some supports for housing.
  • 01:17:34So there's some additional programs
  • 01:17:35for housing people once they
  • 01:17:37are released from incarceration.
  • 01:17:39There are programs that provide
  • 01:17:41vocational training and then
  • 01:17:42some employment programs,
  • 01:17:43but I would say that the the truth
  • 01:17:46of it is is that they still feel
  • 01:17:49really scattered and they're not
  • 01:17:51really coordinated and so it's still
  • 01:17:53largely is an individual level kind
  • 01:17:56of fixing an individual level solution
  • 01:17:58like it asks of the person who is already,
  • 01:18:01you know,
  • 01:18:02just came back from a commercial system.
  • 01:18:05So then navigate all these systems versus it,
  • 01:18:07being kind of all the structures
  • 01:18:08and the policies are in place.
  • 01:18:10You know you can imagine a different
  • 01:18:12structure program is that when you come home,
  • 01:18:14your Medicaid is already activated.
  • 01:18:15Your food stamps are on your disabilities.
  • 01:18:17Here.
  • 01:18:17Here are the things that we
  • 01:18:19should have been teaching you in
  • 01:18:21prison or jail when you're inside.
  • 01:18:24To support your health.
  • 01:18:25But now we gotta do it on the outside.
  • 01:18:28Right?
  • 01:18:30Well, thank you so much for
  • 01:18:32sharing all of that really
  • 01:18:34important information with us.
  • 01:18:37I think I don't believe there any
  • 01:18:40further questions and were coming
  • 01:18:42up or only 8 minutes off of 6:30,
  • 01:18:45so I think we'll adjourn a few
  • 01:18:48minutes early tonight.
  • 01:18:49We have one more question.
  • 01:18:53There are programs that provide about
  • 01:18:55one month supply of medications,
  • 01:18:57but it does not work 100% of the time.
  • 01:19:00My patients with HIV sometimes are
  • 01:19:01able to continue their meds on release
  • 01:19:03from the Department of Corrections,
  • 01:19:05but this does not always happen.
  • 01:19:07I'm not sure about other chronic conditions.
  • 01:19:09I don't know if you
  • 01:19:11want to comment a bit about that.
  • 01:19:13Yeah, I I. It's interesting.
  • 01:19:15So for HIV and I think in particular
  • 01:19:17through Ryan White funding,
  • 01:19:18there's been a longer history of
  • 01:19:20kind of transitioning people safely.
  • 01:19:22To home, but there's a really good study
  • 01:19:25that's out of Texas looking at kind
  • 01:19:27of a program where they provided the
  • 01:19:29medication to people post release in a
  • 01:19:32pharmacy accessible and what they found
  • 01:19:34was that even if the meds are there, right?
  • 01:19:37Like literally there,
  • 01:19:38and these are HIV medications.
  • 01:19:39You don't want to drop a day of it, right?
  • 01:19:43That it was within seven days, 60%.
  • 01:19:45Haven't picked them up within 30 days.
  • 01:19:47It was like you know,
  • 01:19:4950% I've picked up, up, etc.
  • 01:19:51And so I think that that's exactly right,
  • 01:19:53is that?
  • 01:19:54Even kind of programs where
  • 01:19:56that are established,
  • 01:19:57the short kind of duration
  • 01:19:58you know of medications.
  • 01:20:00Even for HIV.
  • 01:20:01The issue,
  • 01:20:01I think that's really important to contend
  • 01:20:04with is that there's so many competing
  • 01:20:06priorities for people that returned
  • 01:20:08home that even at you set up a program,
  • 01:20:11it really has to be kind of teaching
  • 01:20:13them again how to use the pharmacy,
  • 01:20:15why this is important, you know,
  • 01:20:17like even a day lapse,
  • 01:20:19and so not everyone is going to use the
  • 01:20:22program that you set it up like it.
  • 01:20:25Again, it requires kind of more handholding
  • 01:20:28than May may otherwise be thought.
  • 01:20:31And for the other chronic
  • 01:20:33conditions to her point,
  • 01:20:34I mean no.
  • 01:20:35So in Connecticut 30 days and it goes to CVS.
  • 01:20:38So we have 30 days of medications,
  • 01:20:40and it's exactly what you said.
  • 01:20:41It's a little variable.
  • 01:20:44But much better here than in other states.
  • 01:20:48Thank you we have one kind of pointed
  • 01:20:50as well specific question that may be
  • 01:20:53a quick answer if the answer is no,
  • 01:20:56but someone is asking if you have seen
  • 01:21:00the documentary belly of the beast.
  • 01:21:02Sorry, I'm not familiar with
  • 01:21:04that documentary either, so.
  • 01:21:06And we have several comments.
  • 01:21:08Thank you for a great talk.
  • 01:21:11Thank you for this program and I would
  • 01:21:14just like to echo that that I, I,
  • 01:21:17and the the program for Biomedical ethics.
  • 01:21:19We're very grateful for your
  • 01:21:21sharing this information with us,
  • 01:21:23because like I said,
  • 01:21:25I think a lot of us are very,
  • 01:21:28very privileged and very blind to
  • 01:21:30what's actually going on behind
  • 01:21:33prison doors and the really the many
  • 01:21:36practices that really present a lot of.
  • 01:21:38Of of.
  • 01:21:39Ethical conflicts with with principles
  • 01:21:42of medical ethics and you know,
  • 01:21:44we as as the medical profession
  • 01:21:46need to do a better job.
  • 01:21:49First of all,
  • 01:21:50acknowledging what's going on,
  • 01:21:51and secondly,
  • 01:21:52advocating for for reform to ensure
  • 01:21:54that that high standard of care is
  • 01:21:57delivered really to to everyone,
  • 01:21:59regardless of carceral status.
  • 01:22:00Do you have any final comments you
  • 01:22:03want to make before we wrap up?
  • 01:22:05No,
  • 01:22:06I think this has been
  • 01:22:08great. I really appreciate the opportunity,
  • 01:22:10which we're kind of in person.
  • 01:22:12Or there was more opportunity for
  • 01:22:14conversation, but I really it's
  • 01:22:16been great to be here so thank you.
  • 01:22:20Thank you. And everyone have a
  • 01:22:22good night and have a wonderful
  • 01:22:25summer and we will see you in the
  • 01:22:29next academic year. Goodnight