Current through Register 2024 Notice Reg. No. 38, September 20, 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).
(b) Health care staff shall provide the
necessary accommodation or assistance to reach EC at each exchange of health
care information with patients requiring EC. Accommodations may be facilitated
by sign language interpretation, certified bilingual health care staff,
certified bilingual CDCR staff, other certified contracted language
interpreters, assistive devices, or other methods of assistance and
accommodation.
(1) Assistive devices.
(A) Health care staff shall, in the presence
of the patient, determine the need for any assistive device(s). These assistive
devices include, but are not limited to, sound amplification devices,
corrective lenses and reading magnifier.
(B) During an exchange of health care
information with a patient, health care staff shall determine and document the
presence and the efficacy of the assistive device(s).
(C) When a patient presents without his or
her prescribed assistive device, health care staff shall document the reason
and provide alternate methods of accommodation.
(D) A patient reporting malfunctioning or
lost assistive devices shall be referred to designated staff to assess or
discuss repair or replacement of the assistive devices.
(2) A patient with hearing, vision, speech
impairments or those with a TABE reading score of 4.0 or less, which includes
zero or no TABE score, may require accommodations or assistance to reach EC.
Assistance or accommodations shall be documented and may include one or more of
the following:
(A) The patient is given
additional time to respond or complete a task.
(B) Special equipment is used to facilitate
EC.
(C) SLI.
(D) The provider speaks louder.
(E) The provider speaks slower.
(F) The provider uses basic
language.
(G) Communication is
written down.
(H) Any other tool
that is used to facilitate EC.
(3) A patient with a documented learning
disability; a TABE reading score of 4.0 or less, which includes zero or no TABE
score; or determined LEP shall be queried to determine his or her cognitive
ability to engage in conversation and understand information presented during
an exchange of health care information, health care interview, or health care
grievance communication. Through the query, health care staff shall determine
the patient's ability to understand and participate in the exchange of health
care information. If no assistance or accommodation is needed, the reason shall
be documented.
(4) Reading
assistance may be provided (e.g., documents read aloud in the presence of the
patient) and a determination made as to whether the patient understood during
exchanges of health care information, health care interviews, or when providing
health care grievance communication where the patient has a developmental
disability, is visually impaired, has a documented learning disability, or a
TABE reading score of 4.0 or less, which includes zero or no TABE
score.
(5) SLIs are required for
exchanges of health care information with patients whose primary method of
communication is American Sign Language.
(A)
If the patient refuses the assistance of an SLI, or if the patient waives the
assistance of an SLI, staff shall employ the most effective form of
communication available, including written notes.
(B) In locked units, during daily Psychiatric
Technician rounds, if sign language interpretation is accomplished via video
remote, custody staff shall escort patients to a private setting, away from the
cell front where the patient can clearly visualize the SLI. If the patient
refuses, the Psychiatric Technician shall refer the patient to a mental health
clinician.
(6) LEP
services shall include:
(A) Interpretation
and translation services to patients who have a limited ability to speak, read,
write, or understand English.
(B) A
designated LEP coordinator to ensure interpretation and translation services
are available, current, and operational.
(7) LEP services shall be made available
through the following:
(A) Telephonic
interpretation service available 24 hours a day, seven days a week for staff
requiring interpretation services for most commonly spoken languages used by
non-English speaking patients.
(B)
A list of certified bilingual staff and other local interpreters or
interpreters from neighboring institutions or agencies competent to interpret
and translate.[
(C) Forms and
documents translated into commonly spoken languages available to
staff.
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; Armstrong v. Newsom (No. C94-2307 CW), U.S. District
Court, Northern District of California; and Clark v. California (No. C96-1486
CRB), U.S. District Court, Northern District of California.
