reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41114 - Report of Request and Decision for HIV Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The request to test an inmate or other
						person who is the subject of the report filed shall be made by use of the Form
						"Report of Request and Decision for HIV Testing" (DHS 8459, November, 1989).
						The provisions of DHS 8459 are hereby incorporated by reference.
(b) The DHS 8459 form may be combined with
						regular incident reports or other forms used by the correctional institution or
						law enforcement agency.
(c) The DHS
						8459 form shall be directed to the chief medical officer of the correctional
						facility.
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including amendment transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7518, Penal
							 Code, and Chapter 1579, Section
							 4, Statutes of 1988. Reference:
							 Sections
							 7501(a),
							 7510(a)
							 and
							 7550, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41115 - Testing for HIV. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7511(a),
							 Penal Code. Reference: Section
							 7511(a),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41116 - Determining the Need for an HIV Test

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The chief medical officer shall take into
						consideration the following factors in ordering an HIV test of an inmate or
						other person who is the subject of the report filed, regardless of whether the
						report filed contains a request for HIV testing:
(1) Whether an exchange of body fluids
						occurred which could have resulted in HIV infection. In determining whether an
						HIV test is warranted, "body fluids" considered for testing shall be limited to
						the fluids listed in section
						41102(a).
						Transmission of body fluids from one person to another shall have occurred
						either by:
(A) Incidents involving injury to
						inmates or staff in which body fluids may have been exchanged.
(B) Incidents involving injecting of any
						substances using sharps, needles, syringes, or tattooing instruments.
(C) Incidents involving sexual activity which
						resulted in exchange of body fluids.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41119 - Inmate Requesting HIV Testing of Another Inmate. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7512(a) and
							 (c), Penal Code. Reference: Sections
							 7501(b)
							 and
							 7512(a) and
							 (c), Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41120 - Minors Requesting HIV Testing of Another Inmate. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7512(b) and
							 (c), Penal Code. Reference: Sections
							 7501(b),
							 7502(i)
							 and
							 7512(b) and
							 (c), Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41121 - Request to Test Minors for HIV. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7512(b),
							 Penal Code. Reference: Sections
							 7501(b)
							 and
							 7512(b),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41122 - HIV Testing Due to Clinical Symptoms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7512.5, Penal
							 Code. Reference: Sections
							 7501(d),
							 7502(d)
							 and
							 7512.5, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41123 - Reporting of an Activity Known to Cause Transmission of HIV. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7516(a),
							 Penal Code. Reference: Sections
							 7501(a),
							 7502(c)
							 and
							 7516(a),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41124 - Reportable Activities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation oflaw on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7516(b), (1), (2), (3) and
							 (5), Penal Code. Reference: Sections
							 7502(h)
							 and
							 7516(b), (1), (2), (3) and
							 (5), Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41126 - Criteria for HIV Testing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7516(c),
							 Penal Code. Reference: Section
							 7516(c),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41127 - Ordering HIV Testing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7516(c),
							 Penal Code. Reference: Section
							 7516(c),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41128 - Testing Limitations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7516(e),
							 Penal Code. Reference: Section
							 7516(e),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41129 - Copies of Decision to Test. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7512.5, Penal
							 Code. Reference: Section
							 7512.5, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41130 - Right to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the chief medical officer makes a decision
						  pursuant to Penal Code sections
						  7511 or
						  7512, a
						  Department of Health Services Notice OA1913 (10/89) "Human Immunodeficiency
						  Virus Testing in Correctional Facilities Notice of Right to Appeal" shall be
						  provided to persons specified in either section
						  7511 of 7512 as entitled to
						  receive a copy of the decision. Where testing is ordered pursuant to Penal Code
						  section
						  7512.5, Notice
						  OA1913 (10/89) shall be provided to indicate that there is no right to appeal a
						  testing decision rendered pursuant to Penal Code section
						  7512.5. Persons
						  specified in section
						  7512.5 as entitled to receive a
						  copy of the decision shall also receive a copy of the completed OA1913 (10/89)
						  Notice.
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including amendment transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7513,
							 7518 and
							 7550, Penal
							 Code. Reference: Sections
							 7513 and
							 7550, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Appendix - Appendix

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State of California-Health and Welfare Agency
Department of Health Services
HUMAN IMMUNODEFICIENCY VIRUS TESTING IN
						  CORRECTIONAL FACILITIES NOTICE OF RIGHT TO APPEAL
The information provided on this notice is pursuant to
						  Title 8 (commencing with Section
						  7500) of Part 3 of the Penal Code
						  and provided by the Department of Health Services.
The Chief Medical Officer has made a decision regarding
						  a request for HIV testing which impacts you. This decision was made subsequent
						  to the filing of a report pursuant to Penal Code Section
						  7510 or a
						  request made pursuant to Penal Code Section
						  7512. That
						  decision is attached.
If you disagree with this decision, you have the right
						  to appeal this decision within three calendar days of receipt of the decision.
						  You must submit your request for appeal on the "Report of Request for Appeal
						  for HIV Testing", DHS 8457, which is attached. If you are a minor, your parent
						  or guardian may request an appeal on your behalf.
A three-member panel established pursuant to Penal Code
						  Section
						  7515 will hold
						  a hearing to decide whether the Chief Medical Officer's decision was correct.
						  You have a right to be represented at the hearing, and to call witnesses to
						  testify.
If no request for an appeal is filed, the Chief Medical
						  Officer's decision is final.
In the case where a chief medical officer orders HIV
						  testing of an inmate because it is determined that clinical symptoms of AIDS or
						  AIDS-related complex are present, the chief medical officer's decision shall
not
be eligible for appeal to the three-member panel.
						  In such cases, the Chief Medical Officer's decision may be appealed to the
						  Superior Court.
ANY WILLFUL FALSE REPORTING IN CONJUNCTION WITH A
						  REPORT OR A REQUEST FOR TESTING AND/OR ANY WILLFUL USE OR DISCLOSURE OF TEST
						  RESULTS OR CONFIDENTIAL INFORMATION IN VIOLATION OF ANY OF THE PROVISIONS IN
						  TITLE 8 (COMMENCING WITH SECTION
						  7500) OF PART 3 OF THE PENAL CODE
						  IS A MISDEMEANOR.
OA1913 (10/89)
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41131 - Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7516(c),
							 Penal Code. Reference: Sections
							 7515(a)
							 and
							 7516(c),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41132 - Rendering of an Appeal Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7516(d),
							 Penal Code. Reference: Section
							 7516(d),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41133 - Counseling Services to Be Provided. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7514, Penal
							 Code. Reference: Sections
							 7502(b),
							 7503 and
							 7514, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41134 - Request for Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						request to appeal the chief medical officer's decision whether or not to test
						an inmate who is the subject of the report for HIV without consent shall be
						made by using the form, "Report of Request for Appeal for HIV Testing," (DHS
						8457, October 1989).
(b) If there
						is no request for appeal, or if the testing was conducted pursuant to Penal
						Code section
						7512.5 the
						chief medical officer's decision shall be final. Final decisions of the chief
						medical officer pursuant to section
						7512.5 of the
						Penal Code, or of the appeals panel, may be appealed to the Superior
						Court.
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including amendment transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7518, Penal
							 Code and Chapter 1579, Section
							 4, Statutes of 1988. Reference:
							 Sections
							 7515(a)
							 and
							 7550, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41135 - Ineligible Appeals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7512.5, Penal
							 Code. Reference: Section
							 7512.5, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41136 - State Representatives for Appeals Panel. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7515(b)(3),
							 Penal Code. Reference: Section
							 7515(b)(3),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41137 - Procedure for Physician Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Health Services will select
						  physicians and surgeons to serve on the appeals panel by utilizing the
						  consultant services contract procedure specified in article 5 (commencing with
						  section 10355) of the Public Contract
						  Code.
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including amendment of NOTE
						  transmitted to OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7515(b)(3)
							 and
							 7518, Penal
							 Code and Chapter 1579, Section
							 4, Statutes of 1988. Reference:
							 Section
							 7515(b)(3),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41138 - Standards for Physician Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department of Health Services shall
						compile a list of physicians selected for appointment to serve on a three
						member appeals panel. The physicians shall meet the following standards:
(1) Possession of a license to practice
						medicine in the State of California.
(2) Knowledge and experience in the care of
						HIV-related diseases, transmission and infection.
(3) Not be on the staff of, or under contract
						with a state, county, or city correctional institution or with an employer of a
						law enforcement employee.
(4) Be
						immediately available upon notification by the Department of Health Services to
						serve for the specified contract term on any panel in any geographic area
						specified in his or her contract with the Department of Health
						Services.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41139 - Administrative Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A standard state contract shall be used to contract for
						  the services provided by physicians serving on the appeals panel. These
						  services shall be reimbursed upon participation on an appeals
						  panel.
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation oflaw on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 9-17-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including amendment of NOTE
						  transmitted to OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7515(b)(3)
							 and
							 7518, Penal
							 Code and Chapter 1579, Section
							 4, Statutes of 1980. Reference:
							 Section
							 7515(b)(3),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 3 - APPEALS PROCESS › Section 41140 - Use of Guidelines. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7518(a),
							 Penal Code. Reference: Sections
							 7503 and
							 7518(a),
							 Penal Code.