reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.140 - Informal Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Informal
					 Hearing shall afford a licensed medical provider an opportunity to respond to
					 allegations that provide the basis for a modification of privileges.
(b) Within three business days after the Medical
					 Peer Review Committee (MPRC) votes to modify a licensed medical provider's
					 privileges in any manner, the Professional Practice Evaluation Support Unit (PPESU)
					 shall notify the medical provider in writing via a Notice of MPRC Action. The notice
					 shall be personally served or served by overnight mail to the last known address of
					 the medical provider with Proof of Service and return receipt requested. The
					 notification shall contain the following:
(1) The
					 MPRC determination.
(2) Identification
					 of any privilege modifications imposed.
(3) A statement that a Peer Review Formal
					 Investigation shall be conducted into the matter.
(4) A statement of the facts relied upon by the
					 MPRC to support its determination of privilege modification is necessary until the
					 matter is closed including a summary of one or more specific cases or incidents
					 giving rise to the determination of imminent danger.
(5) A description of the Informal Hearing
					 procedure to rebut the Notice of MPRC Action, to include how to request an Informal
					 Hearing and the licensed medical provider's right to have a representative at the
					 Informal Hearing. The licensed medical provider may rebut a privileging action by
					 informing the PPESU by telephone, electronic mail, in person, or by U.S.
					 Mail.
(6) Copies of the documents relied
					 upon by the MPRC to make its decision to modify privileges.
(7) Information about how to make an appointment
					 to examine additional relevant documents that are in the possession or under the
					 control of the Department within five calendar days from service of the Notice of
					 MPRC Action.
(8) A notification that any
					 request for an Informal Hearing regarding the privilege modification must be made
					 within five business days of service of the Notice of MPRC Action.
(9) Notification that, if the licensed medical
					 provider participates in an Informal Hearing, the MPRC shall record the Informal
					 Hearing and that the licensed medical provider may make their own recording of the
					 Informal Hearing.
(10) A notification
					 that pursuant to 42 United States
					 Code section 11101 and Business and Professions
					 Code section
					 805,
					 certain specified summary suspensions must be filed with the medical provider's
					 licensing board, or the National Practitioner Data Bank.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.141 - Peer Review Formal Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Peer Review
					 Formal Investigations are impartial fact-finding reviews into:
(1) Clinical practice concerns involving quality
					 of care issues, including, but not limited to, patient care and decision-making and
					 shall be conducted by a provider of the same discipline and to the extent possible
					 the same licensure as the subject medical provider.
(2) Professional misconduct concerns including,
					 but not limited to, disruptive conduct, behavior, or ethical issues and may be
					 conducted by a clinical provider of the same discipline and licensure as the subject
					 provider or by a non-clinical investigator. A non-clinical investigator shall not
					 reach any conclusions or make any findings regarding issues involving clinical
					 decision-making, patient care decision-making, or direct patient care issues which
					 involve clinical decision-making.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.142 - Formal Appeal of a Final Proposed Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An appeal of
					 a Final Proposed Action is an appeal of the privileging action. Appeals must be in
					 writing and filed with the State Personnel Board (SPB) pursuant to the California
					 Business and Professions Code section
					 800,
et seq.
, within 30 calendar days of service of the Notice of Final
					 Proposed Action.
(b) The medical
					 provider shall also serve a copy of the appeal to the Professional Practice
					 Evaluation Support Unit at CDCR/CCHCS, P.O.
Box 588500, Elk Grove, CA, 95758, to the attention of the
						Professional Practice Evaluation Support Unit, Bldg. E.
(c) Failing to timely appeal shall be deemed a
					 failure to exhaust administrative remedies and a waiver of all rights to challenge
					 the Final Proposed Action before an administrative or judicial tribunal including,
					 but not limited to, the Judicial Review Committee, the SPB, or a court of
					 law.
1. New section
						filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019,
						No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency
						language will be repealed by operation of law on the following day.
3.
						New section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020,
						No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or
						emergency language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL
						6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of
						  California.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.143 - Nursing Services Leadership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall provide nursing care services planned, organized, and directed by a
					 licensed professional Registered Nurse.
(b) Nursing Services leadership shall oversee the
					 delivery of nursing care in all areas of the Department including inpatient,
					 outpatient, specialty care, patient scheduling, Triage and Treatment Area, Receiving
					 and Release, and Reception Center.
1. New section
						filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019,
						No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency
						language will be repealed by operation of law on the following day.
3.
						New section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020,
						No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or
						emergency language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL
						6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of
						  California.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.144 - Nursing Professional Practice Model

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall deliver nursing care services utilizing established protocols and
					 disease-specific standards of care to assist the patient in regaining the ability to
					 provide self-care.
(b) The following
					 licensures shall be utilized in the delivery of nursing care: Registered Nurses,
					 Licensed Vocational Nurses, Psychiatric Technicians, Certified Nursing Assistants,
					 and Medical Assistants.
1. New section
						filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019,
						No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency
						language will be repealed by operation of law on the following day.
3.
						New section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020,
						No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or
						emergency language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL
						6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of
						  California.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.145 - Nursing Professional Practice Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall maintain a program to evaluate nursing care and professional
					 practice to include a statewide Nursing Professional Practice Council (NPPC) and
					 organized processes for surveillance of professional nursing practice at all levels
					 of the organization.
(b) The NPPC shall
					 monitor and identify professional practice concerns that trend across institutions,
					 regions, and the state; analyze common causal factors and root causes; and make
					 recommendations for improvement activities.
1. New section
						filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019,
						No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency
						language will be repealed by operation of law on the following day.
3.
						New section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020,
						No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or
						emergency language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL
						6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  Sections
						  2069-
						  2071,
						  2761,
						  2776,
						  2878
						  and
						  4521,
						  Business and Professions Code; Sections
						  1337-
						  1338.5
						  and
						  1366-
						  1366.4,
						  Health and Safety Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court,
						  Northern District of California.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.146 - Professional Nursing Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department nursing standards shall follow the Nursing Practice Act and American
					 Nurses' Association Standards.
(b)
					 Department Registered Nurses shall comply with the following standards of practice:
(1) Assessment.
(2) Diagnosis.
(3) Outcome Identification.
(4) Planning.
(5) Implementation.
(6) Evaluation.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 1 - Health Care Governance and Administration › Article 4 - Professional Workforce › Section 3999.147 - Nursing Competency Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall maintain a nursing competency program including, but not limited
					 to, educational programs and competency validation.
(1) Licensed and unlicensed Department nursing
					 staff shall demonstrate the knowledge, skills, and abilities required to achieve an
					 appropriate level of competency and perform within their scope of practice. Nursing
					 staff competency shall comply with federal and state laws and regulations and
					 nationally accepted nursing standards.
(2) Competency validation shall occur on a
					 continuum and include assessment of competencies during the hiring process, during
					 the orientation period, and throughout employment.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.200 - Provisions of Care and Treatment Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall only provide patients with the health care services that are
					 medically necessary. Such services may be subject to approval or disapproval by the
					 licensed medical, mental health or dental care supervisors, or one or more of the
					 following committees including subcommittees thereof:
(1) Institutional Utilization Management (UM)
					 Committee.
(2) Headquarters UM
					 Committee.
(3) Statewide Medical
					 Authorization Review Team.
(4) Dental
					 Authorization Review Committee.
(5)
					 Dental Program Health Care Review Committee.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.201 - Effective Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 California Department of Corrections and Rehabilitation (CDCR) shall ensure
					 effective communication (EC) is reached and documented when there is an exchange of
					 health care information involving patients with a hearing, vision, or speech
					 impairment; learning disability, developmental disability, or functional disability;
					 Test of Adult Basic Education (TABE) reading score of 4.0 or less, which includes
					 zero or no TABE score; or Limited English Proficiency (LEP), and in health care
					 grievance communications with such patients.
(1) In
					 the exchange of health care information and health care grievance communications
					 with such patients, the patient's primary method of communication shall be used. If
					 necessary, the patient's secondary method of communication shall be used with the
					 exception of patients needing a Sign Language Interpreter (SLI).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.202 - Informed Consent to Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When unusual, serious or major health care procedures are
						indicated and time and circumstances permit, the patient's written informed consent
						shall be obtained before treatment is undertaken, except as otherwise provided in
						sections 3999.204 through
						3999.204.6,
						3999.210, and
						3999.344. If the recommended treatment
						is refused, such refusal shall be documented in the patient's health record.
1. Change
						without regulatory effect renumbering and amending former section
						3353 to new section
						3999.202 filed 8-6-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 32).
2. Change without regulatory effect
						amending section heading and section filed 4-15-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 16).
3. Amendment of section heading,
						section and NOTE filed 3-1-2021; operative 3-1-2021 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2021, No. 10).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2604 and
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.203 - Capacity for Informed Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a patient
					 lacks capacity and an issue or issues arise that would require the patient's
					 informed consent, the procedures set forth in section
					 3999.204 shall be followed.
(b) If a surrogate decisionmaker has been lawfully
					 appointed to act on behalf of a patient, the outside facility or institution caring
					 for the patient shall accept the surrogate decisionmaker's informed consent or
					 informed refusal. The Department shall seek to appoint a surrogate decisionmaker
					 pursuant to this section for a patient who lacks capacity except in the case of a
					 medical emergency.
1. Change
						without regulatory effect renumbering and amending former section
						3353.1 to new section
						3999.203 filed 8-6-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 32).
2. Repealer and new section and
						amendment of NOTE filed 3-1-2021; operative 3-1-2021 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2021, No. 10).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2604 and
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.204 - Petitions for Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Preparation
					 of petition.
(1) Initial proceedings to determine
					 a patient's capacity to give informed consent and make a health care decision shall
					 be legibly documented and noticed by the CDCR 7702, Petition for Capacity
					 Determination, and CDCR 7701, Penal Code 2604 Rights.
(2) These forms may be dictated, completed by
					 hand, or completed on computer.
(A) Clinical or
					 administrative staff may help gather necessary data or record observations to
					 complete portions of the forms as needed.
(3) Additional pages may be added using the CDCR
					 7702-A, Petition for Capacity Determination-Additional Page.
(4) The CDCR 7702 shall be verified by the
					 declarant pursuant to California Code of Civil Procedure section
					 446,
					 prior to filing.
(A) The CDCR 7702 shall be
					 reviewed and signed under penalty of perjury by the licensed health care provider
					 who completes the petition prior to filing with the Office of Administrative
					 Hearings (OAH).
(B) Petitions signed
					 under penalty of perjury may utilize digital authentication and verification to
					 facilitate electronic transmission.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.204.1 - Appointment of Counsel for Capacity Determination Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Office
					 of Administrative Hearings (OAH) shall not appoint an attorney to represent the
					 patient on a filed CDCR 7702 petition who may have a conflict of interest with the
					 patient or the Department.
(b) Any
					 interested person may object to the attorney appointed by OAH by verified objection
					 stating the facts and circumstances of the conflict of interest and reasons why OAH
					 should appoint a different attorney to represent the patient on the
					 petition.
1. New section
						filed 3-1-2021; operative 3-1-2021 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2021, No. 10).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2604 and
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.204.2 - Capacity Determination Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearing
					 location.
(1) The hearing shall take place at the
					 outside facility or institution where the patient is located.
(2) On the day of the hearing, the outside
					 facility or institution shall provide a space for the patient's attorney and each
					 patient to meet confidentially if the patient is ambulatory. If the patient is not
					 ambulatory, the Administrative Law Judge (ALJ) may determine how to best accommodate
					 a meeting between the patient's attorney and the patient.
(3) The ALJ and the attorneys may conduct a
					 hearing in a medical setting as long as safety precautions are in place.
(4) The ALJ may elect to hold the hearing remotely
					 at their discretion.
(A) Notwithstanding
					 subsection (a)(4), the ALJ shall hold the hearing remotely if recommended by the
					 California Department of Public Health or institutional leadership based on public
					 health guidance.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.204.4 - Revocation or Termination of Capacity Determination Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Revocation
					 or termination of Capacity Determination Orders shall issue on request by the filing
					 of a verified request to revoke or terminate a Capacity Determination Order.
(1) Reasons to revoke or terminate a Capacity
					 Determination Order include that the patient has regained capacity for informed
					 consent, that a specified medical condition has abated, or that the patient has been
					 released from the custody of the Department.
(2) The treating health care provider shall
					 document reasons for revocation or termination of a Capacity Determination Order on
					 a CDCR 7706, Notice of Revocation or Termination of Penal Code 2604 Order.
(3) The treating health care provider may
					 recommend the revocation or termination of Capacity Determination Order take effect
					 immediately or upon the natural expiration of the existing order.
(4) If the Administrative Law Judge issues a
					 revocation or termination order, Office of Legal Affairs, CDCR, shall notify the
					 appointed designated surrogate decisionmaker in writing with a copy of the
					 order.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.204.5 - Appeals from or Reconsideration of Capacity Determination Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Motions for
					 Reconsideration by patients shall be legibly documented and noticed by the CDCR
					 7704, Penal Code 2604 Reconsideration. Patients who complete this form must submit
					 the form to the Medication Court Administrator (MCA), who shall scan and send a copy
					 on the same day as received to Office of Legal Affairs, CDCR (OLA), the patient's
					 previously-appointed attorney, and to Office of Administrative Hearings (OAH).
(1) Patients may seek reconsideration within one
					 year of the decision for which review is sought.
(2) OAH shall notice all involved parties of its
					 decision on the Motion for Reconsideration.
(3) Upon receipt of a reconsideration ruling by
					 OAH, OLA shall forward a copy of the ruling to the institution's
					 MCA.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.204.6 - Renewal Petitions for Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the
					 expiration of an order determining capacity, a licensed health care provider shall
					 conduct an in-person interview with the patient to determine whether a renewal
					 petition is required. When it is not possible to conduct the interview in person,
					 the use of videoconferencing or teleconferencing is acceptable.
(b) Renewal proceedings to determine capacity to
					 give informed consent and make a health care decision shall be legibly documented
					 and noticed by the CDCR 7701 and CDCR 7703, Renewal Petition for Capacity
					 Determination.
(c) The CDCR 7701 and
					 CDCR 7703 shall be completed and submitted pursuant to section
					 3999.204.
(d) If there is internal disagreement about the
					 patient's capacity, the matter shall be referred to the Health Care Ethics Committee
					 to determine how to proceed.
(1) If the surrogate
					 decisionmaker is a family member, the Office of Legal Affairs, CDCR (OLA) shall send
					 a copy of the CDCR 7705 to the surrogate decisionmaker to update the surrogate's
					 background information if the Health Care Ethics Committee decides to file the CDCR
					 7703.
(2) If the Health Care Ethics
					 Committee decides not to renew the petition, the surrogate decisionmaker shall be
					 notified in writing by OLA of the revocation or termination.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.205 - Over-the-Counter Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall provide and distribute approved Over-the-Counter (OTC) health care
					 products through the inmate canteen services system process pursuant to section
					 3091 without cost to the patient or a
					 need for a health care provider's prescription.
(b) All patients housed within CDCR institutions
					 shall have access to OTC products.
(c)
					 Patients shall access OTC products as a function of normal programming.
(d) Patients in the Reception Center shall have
					 access to OTC products through the canteen within 30 calendar days of
					 arrival.
(e) Patients admitted to an
					 Acute or Intermediate Care Facility, Correctional Treatment Center, Skilled Nursing
					 Facility, Psychiatric Inpatient Program, or Mental Health Crisis Bed shall have
					 access to all non-medicated comfort products only. All other medicated OTC products
					 shall be provided by Pharmacy Services as ordered by licensed health care
					 providers.
(f) Patients shall utilize
					 the standard canteen pick list which shall include the approved OTC products.
(1) Patients shall be allowed to receive up to
					 three OTC units per canteen period, but shall not be permitted to receive more than
					 two units of any single OTC product.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.206 - Right to Health Care Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Patients
					 shall be provided an opportunity to report an illness or any other health problem
					 and receive an evaluation of the condition and medically necessary treatment and
					 follow-up by health care staff.
1. Change
						without regulatory effect renumbering and amending former subsections
						3354.2(b)-(c)(4)(G) to
						new section 3999.206 filed 8-6-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 32).
2. Amendment of section heading and
						repealer of subsections (b)-(b)(4)(G) filed 3-12-2019 as an emergency; operative
						3-12-2019 (Register 2019, No. 11). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 8-19-2019 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 3-12-2019 order transmitted to OAL 8-14-2019 and
						filed 9-24-2019 (Register 2019, No. 39).
Note: Authority cited: Sections
						  5007.5 and
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.207 - Private Consultants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Health care
					 personnel not employed by the Department are not authorized to order treatment for a
					 patient. Such persons may offer opinions and recommendations for consideration by
					 Department health care staff as follows: a patient or a patient's responsible
					 guardian or relative, or an attorney or other interested person wanting the patient
					 examined by a private physician, shall submit a written request to the institution
					 head. The institution head shall, after consulting with the facility's Chief Medical
					 Executive, grant the request unless convinced that specific case factors warrant
					 denial. The fact of and reasons for such denial, and notice of the right to appeal
					 the decision in writing to the Secretary, shall be documented and given to the
					 patient or the person requesting the outside health care service. Costs of such
					 private consultations or examinations shall be paid by the patient or the person
					 requesting the service.
(b) When a
					 patient or a patient's guardian or relative, or an attorney or other interested
					 party desires to have a patient examined by a private Psychiatrist or other mental
					 health professional, a request shall be submitted in writing by such person(s) to
					 the warden. After consulting with the institution's Chief Psychiatrist or, in his
					 absence, the Chief Medical Executive, the warden will grant the request unless there
					 are specific case factors which, in the judgment of the warden, warrant denial. If
					 the request is denied, the person(s) making the request will be notified in writing
					 of the reason for the denial and the right to appeal the decision, to the Secretary.
					 Any financial responsibility or obligation for private consultants or examinations
					 will be assumed by the patient or the person(s) requesting the service. Private
					 consultants will not be permitted to order mental health treatment for any patient.
					 However, the private consultant may be asked to make a report of findings and
					 recommendations to the warden.
1. Change
						without regulatory effect renumbering former sections
						3354(c) and
						3361(b) to new section
						3999.207 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.208 - Reading Glasses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Patients
					 shall be allowed to acquire one pair of approved reading glasses every 12 months
					 through the inmate canteen services system process without cost to the patient or a
					 need for a health care providers' prescription. A replacement pair of reading
					 glasses shall be provided at no cost if loss or damage was not the fault of the
					 patient.
(b) An eye chart shall be
					 available next to the canteen to allow patients to self-identify which strength of
					 reading glasses is most suitable.
(1) Patients in
					 a restricted housing unit (e.g., Administrative Segregation Unit, Security Housing
					 Unit, Psychiatric Services Unit, Mental Health Crisis Bed, Psychiatric Inpatient
					 Program, etc.) can request an eye chart from their respective housing unit custody
					 staff to self-identify which strength of reading glasses is most suitable and it
					 shall be provided.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 2 - Refusal of Health Care Services › Section 3999.210 - Refusal of Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Health care
					 treatment may be given without the patient's consent when an emergency exists. An
					 emergency exists when there is a sudden, marked change in a patient's condition so
					 that action is immediately necessary for the preservation of life or the prevention
					 of serious bodily harm to the patient or others, and it is impracticable to first
					 obtain consent.
(b) A patient may accept
					 or decline any or all portions of a recommended dental treatment plan. The patient's
					 decision is reversible at any time and shall not prejudice future treatments.
					 Refusals shall be documented for inclusion in the patient's health record.
(c) When a patient has a valid advance health care
					 directive or a valid executed Physicians Orders for Life Sustaining Treatment
					 (POLST), health care staff shall act in accordance with the provisions of the
					 advance health care directive, or POLST, as provided by law.
(d) Each institution shall establish procedures to
					 implement the provisions of the Health Care Decisions Law, codified in the Probate
					 Code at Division 4.7, section
					 4600 et seq.
(e) Health care treatment, including medication,
					 shall not be forced over the objections of a mentally competent patient; the
					 guardian of a mentally incompetent patient; or a responsible relative of a minor
					 patient, except in an emergency, or as required to complete the examination or tests
					 for tuberculosis infection, or to implement the treatment for tuberculosis disease,
					 or unless the provisions of Probate Code sections
					 3200 et seq. or
					 the procedures set forth in Penal Code section
					 2602 are
					 followed.
1. Change
						without regulatory effect adopting article 2 (section
						3999.210) and renumbering and amending
						former section 3351 to new section
						3999.210 filed 8-6-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 32).
Note: Authority cited: Sections
						  2602 and
						  5058, Penal Code.
						  Reference: Sections
						  2600,
						  2602,
						  5054 and
						  7570 et seq., Penal Code; Sections
						  3200 et seq., Probate Code; Thor v.
						  Superior Court (Andrews) (1993) 21 Cal. Rptr.2d 357; and Sections
						  4600 and
						  4781.2, Probate
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 3 - Confidentiality and Privacy › Section 3999.215 - Protected Health Information and Personally Identifiable Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Protected
					 Health Information (PHI) maintained by the California Department of Corrections and
					 Rehabilitation (CDCR) is private and confidential. CDCR shall not use or disclose
					 PHI, except as permitted or required by law.
(b) CDCR may use or disclose PHI for Treatment,
					 Payment, or Health Care Operations (TPO) purposes without patient authorization as
					 follows:
(1) For CDCR's own TPO.
(2) For treatment activities of another health
					 care provider.
(3) To another covered
					 entity or health care provider for its payment activities.
(4) To another covered entity for its health care
					 operations activities, if CDCR and the other covered entity has or had a
					 relationship with the patient who is the subject of the PHI being requested, and the
					 disclosure is for the purpose of health care fraud and abuse detection or
					 compliance.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 4 - Access and Disclosure of Health Information › Section 3999.216 - Health Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 California Department of Corrections and Rehabilitation (CDCR) shall:
(1) Store, maintain, and destroy patient health
					 information in a secure environment.
(2)
					 Provide access to patient health information to the extent possible.
(3) Retain patient health information for ten
					 years after discharge from CDCR.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 4 - Access and Disclosure of Health Information › Section 3999.218 - Patient Health Care Inquiry Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 California Department of Corrections and Rehabilitation (CDCR) shall provide
					 responses to health care inquiries pursuant to section
					 3999.217.
(b) Patient submitted health care inquiries are
					 limited to issues that cannot be addressed through the health care grievance process
					 and must be submitted through written correspondence.
(c) Health care inquiries from other parties may
					 be received through written correspondence or verbal messages left on the Patient
					 Health Care Inquiry Line (Hotline).
(d)
					 Within one business day of receipt, health care inquiries shall be reviewed by
					 health care staff at a level no less than a Registered Nurse, utilizing clinical
					 expertise within their licensure, to determine whether an urgent/emergent health
					 care issue may require clinical intervention.
(e) Health care inquiries commence upon the date
					 of receipt by CDCR and every effort shall be made to respond to:
(1) Hotline messages within 15 business
					 days.
(2) Correspondence within 45
					 business days.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 4 - Access and Disclosure of Health Information › Section 3999.219 - Release of Information Access Line

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall maintain a dedicated telephone to serve as a Release of Information
					 (ROI) Access Line or extension at each institution for the use of an authorized
					 family member, friend, or legal representative of the patient to request health care
					 information relating to a significant change in the patient's health care condition
					 or status.
(b) All verbal requests for
					 health care information shall be referred to the ROI Access Line at the local
					 institution or the Patient Health Care Inquiry Line at headquarters.
1. New section
						filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019,
						No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency
						language will be repealed by operation of law on the following day.
3.
						New section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020,
						No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or
						emergency language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL
						6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of
						  California; Clark v. California (No. C96-1486 CRB), U.S. District Court, Northern
						  District of California; and Armstrong v. Newsom (No. C94-2307 CW), U.S. District
						  Court, Northern District of California.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 5 - Health Care Grievances › Section 3999.226 - Right to Grieve

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The health
					 care grievance process provides an administrative remedy to patients under health
					 care's jurisdiction for review of complaints of applied health care policies,
					 decisions, actions, conditions, or omissions that have a material adverse effect on
					 their health or welfare.
(1) Health care
					 grievances are subject to an institutional level review and may receive a
					 headquarters' level grievance appeal review, if requested by the grievant.
(2) Health care grievances shall be processed
					 pursuant to the provisions of Subchapter 2, Article 5, Health Care Grievances,
					 unless exempt from its provisions pursuant to court order or superseded by law or
					 other regulations.
(3) Patients shall
					 not use the health care grievance process to request health care services without a
					 previous attempt to seek health care assistance through approved
					 processes.
(4) The grievant shall not
					 submit a health care grievance for issues outside the health care
					 jurisdiction.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 5 - Health Care Grievances › Section 3999.227 - Preparation and Submittal of a Health Care Grievance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The grievant
					 is limited to the use of one CDCR 602 HC to describe the specific complaint that
					 relates to their health care which they believe has a material adverse effect on
					 their health or welfare, and one CDCR 602 HC A, if additional space is
					 needed.
(b) The grievant shall complete
					 Section A of the CDCR 602 HC and submit to the HCGO where the grievant is housed
					 within 30 calendar days of:
(1) The action or
					 decision being grieved, or;
(2) Initial
					 knowledge of the action or decision being grieved.