California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 1 - Public Information and Community Relations › Section 3261.6 - Access to Correctional Health Care Facilities and Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) News and
					 non-news media representatives may be allowed controlled access under institution
					 escort to patients and their housing areas in order to safeguard the public's right
					 to know while respecting patients' legal right to health care privacy. The Assistant
					 Secretary, Communications; the Undersecretary of Health Care Services; and
					 institution health care staff shall be notified in advance of all news media events
					 involving inmate patients. Access shall require approval of the Warden, the Health
					 Care Chief Executive Officer (CEO), and the Assistant Secretary, Communications, or
					 their designee.
(b) Random interviews in
					 units housing patients shall be closely monitored to protect health care privacy. To
					 safeguard patients' legal right to privacy, health care staff shall ensure that
					 signs, charts and/or any other patient identifiers are not visible. Clinical and
					 non-clinical staff members are not to divulge any patient's protected health
					 information.
(c) Requests from news and
					 non-news media representatives to visit contracted health care facilities must be
					 received in writing by CDCR or CCHCS at least 30 days in advance in order to
					 coordinate with the contractor in accordance with section
					 3261.6(a).
(d) News and non-news media access is not
					 permitted within units with mental health crisis beds or any area housing patients
					 under medical isolation or quarantine.
(e) To protect the integrity of delivering patient
					 care, news and non-news media access to clinical areas where health care is
					 delivered (e.g. dialysis centers, dental clinics, triage and treatment areas) may
					 only be allowed when no patients are present.
(f) News and non-news media representatives may be
					 permitted random face-to-face interviews with patients receiving health care
					 services and living in units that provide health care treatment. Such interviews
					 shall be conducted as stipulated by the Warden and the Health Care CEO, including
					 restricting the time, place and duration of interviews, and size of technical crews
					 in accordance with section
					 3261.6(a).
(g) News and non-news media access to units
					 housing seriously or terminally ill inmates may be permitted on a case-by-case
					 basis. Consideration shall be given to factors that may disrupt the operation of the
					 unit. Participation is restricted to patients who have the capacity for giving
					 informed consent. Filming, video and/or audio recording, and photographing will not
					 be allowed of patients who do not have the capacity to give informed
					 consent.
(h) News and non-news media
					 interviews shall not be permitted with an inmate suffering from a mental illness
					 which, in the opinion of a psychiatrist or psychologist, renders them incapable of
					 giving informed consent or their condition may be worsened by such an interview.
					 Individuals who are severely ill or injured, medicated, are cognitively impaired,
					 suffer from dementia, or are experiencing severe pain, anguish or grief often lack
					 the capacity to give consent and shall not be approached by news and non-news media
					 representatives. Consent shall only be obtained from patients who are awake, alert
					 and have the capacity to understand the consequences of giving informed
					 consent.
1. New section
						filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A
						Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language
						will be repealed by operation of law on the following day.
2. Certificate
						of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92
						(Register 92, No. 24).
3. Amendment of section heading, repealer and new
						section and amendment of NOTE filed 3-21-2022; operative 7-11-2022 (Register 2022,
						No. 12). Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
						calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  Sections
						  1798.41 and
						  1798.42, Civil Code;
						  and Code of Federal Regulations, Title 45, Parts 160 and 164.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.