[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR71.10]

[Page 345-346]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 71--PROTECTION AND WELFARE OF CITIZENS AND THEIR PROPERTY--Table of Contents
 
   Subpart B--Emergency Medical/Dietary Assistance for U.S. Nationals 
                           Incarcerated Abroad
 
Sec. 71.10  Emergency medical assistance.

    Source: 42 FR 60141, Nov. 25, 1977, unless otherwise noted.


    (a) Eligibility criteria. A U.S. national incarcerated abroad is 
considered eligible to receive funded medical treatment under the 
following general criteria:
    (1) Adequate treatment cannot or will not be provided by prison 
authorities or the host government;
    (2) All reasonable attempts to obtain private resources (prisoner's 
family, friends, etc.) have failed, or such resources do not exist;
    (3) There are medical indications that the emergency medical 
assistance is necessary to prevent, or attempt to prevent, the death of 
the prisoners, or failure to provide the serviced will cause permanent 
disablement.
    (b) Services covered. Funds, once approved, may be expended for:
    (1) Medical examination, when required;
    (2) Emergency treatment;
    (3) Non-elective surgery;
    (4) Medications and related medical supplies and equipment required 
on a routine basis to sustain life;
    (5) Preventive or protective medications and medical supplies and 
equipment (vaccinations, inoculations, etc.) required to combat epidemic 
conditions (general or intramural);
    (6) Childbirth attendance, including necessary medical care of 
newborn children; and
    (7) Within the consular district, transportation for the U.S. 
national and attendant(s) designated by incarcerating officials between 
the place of incarceration and the place(s) of treatment.
    (c) Consular responsibility. As soon as the consular officer is 
aware that a U.S. national prisoner in the consular district faces a 
medical crisis, the officer should take the following actions, setting 
forth the order or priority based on an evaluation of the facts 
received:
    (1) Make every effort to contact the ill or injured prisoner as soon 
as possible;
    (2) Take steps to obtain a professional medical diagnosis and 
prognosis of the ill or injured prisoner;
    (3) Determine as accurately as possible the estimated costs of 
recommended treatment or surgery;
    (4) Obtain the names and addreses of family or friends who might 
serve as a source of private funds for medical services, and attempt to 
obtain the necessary funds;

[[Page 346]]

    (5) Request the prisoner to execute a promissory note, since funds 
expended by the Department to cover medical services normally are on a 
reimbursable basis; and
    (6) Submit the above information, along with recommendations and 
evaluations, to the Department for approval and authorization.
    (d) Emergency expenditure authorization. When a medical emergency 
prohibits the delay inherent in contacting the Department and receiving 
authority to expend funds, the consular officer can expend up to an 
amount to be established by the Department without prior Departmental 
approval if:
    (1) Symptoms determine eligibility for emergency medical treatment; 
or
    (2) An immediate medical examination is warranted in order to verify 
the alleged abuse of a U.S. national prisoner by arresting or confining 
authorities; or
    (3) Immediate emergency medical treatment or surgery is necessary to 
prevent death or permanent disablement, and there is insufficient time 
to explore private funds or obtain Department approval; and
    (4) A promissory note already has been executed by the prisoner, or 
if the circumstances warrant, by the consular officer without recourse.