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. 38, September 20, 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:
(b) Treatment refers to attempted curative health care services and does not preclude palliative therapies to alleviate serious debilitating conditions such as pain management and nutritional support. The following shall not be provided:
(c) Treatment for those conditions that are excluded within these regulations may be provided in cases where the following criteria are met:
(d) All terminally ill patients remaining in the custody of the Department will receive health care appropriate and necessary to their situation, including counseling, hospice and palliative care. Patients in the custody of CDCR shall not be provided aid-in-dying drugs under the End of Life Option Act (California Health and Safety Code, Division 1, Part 1.85, Sections 443-443.22). Employees, independent contractors, or other persons or entities, including other health care providers, shall not participate in activities under the End of Life Option Act on premises managed by or under the direct control or management of the Department or while acting within the course and scope of any employment by, or contract with, the Department.
(e) Each facility shall maintain contractual arrangements with local off-site agencies for those health services deemed to be medically necessary as defined in section 3999.98, and that are not provided within the facility. Such services may include medical, surgical, laboratory, radiological, dental, and other specialized services likely to be required for a patient's health care.
(f) When medically necessary services are not available for a patient within a facility, the facility's Chief Medical Executive or Supervising Dentist may request the institution head's approval to temporarily place that patient in a community medical facility for such services.
(g) In an extreme emergency when a physician is not on duty or immediately available, the senior custodial officer on duty may, with assistance of on-duty health care staff, place a patient in a community medical facility. Such emergency action shall be reported to the facility's administrative and medical officers-of-the-day as soon as possible.
1. Change
without regulatory effect adopting subchapter 2 (articles 1, 2 and 5, sections
3999.200-3999.237) and article 1 (sections 3999.200-3999.206) and renumbering
and amending former subsection
3350(a) and
sections 3350.1,
3350.2 and
3359.8 to new section 3999.200
filed 8-6-2018 pursuant to section
100, title 1, California Code of
Regulations (Register 2018, No. 32).
2. Amendment of section
heading, section and NOTE refiled 1-7-2019 as an emergency, with further
amendments; operative 1-9-2019. (Register 2019, No. 2). Pursuant to Penal Code
section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 4-9-2019 or emergency
language will be repealed by operation of law on the following day. (Original
emergency action filed 8-1-2018, amending
15 CCR
sections 3350.1, a portion of which was
subsequently renumbered to
15 CCR
3999.98 on 8-6-2018.)
3.
Certificate of Compliance as to 1-17-2019 order, including amendment of section
and NOTE, transmitted to OAL 4-9-2019 and filed 5-20-2019; amendments operative
5-20-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2019, No. 21).
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; and Sections 443, 443.1, 443.2, 443.3, 443.4, 443.5, 443.6, 443.7, 443.8, 443.9, 443.10, 443.11, 443.12, 443.13, 443.14, 443.15, 443.16, 443.17, 443.18, 443.19, 443.20, 443.21, 443.215 and 443.22, Health and Safety Code.
