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 4 - Special Circumstances
Article 1 - Health Care
Section 3999.430 - Controlled Use of Force Medical Evaluations
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A Primary Care Provider, Licensed Mental Health Practitioner, or Licensed Nursing Staff (LNS) shall be notified by custody staff prior to controlled use of force, including, but not limited to, chemical agents.
(b) Prior to the controlled use of force pursuant to section 3268(i), the LNS shall review the patient's health record, identify, and document any medical or psychiatric condition or disability which may predispose a patient to increased risk of an adverse outcome from exposure to chemical agents. LNS shall immediately contact the Incident Commander and explain the medical risks if chemical agents are used.
(c) Controlled use of force shall not be accomplished without the physical presence of LNS to facilitate an immediate medical response.
(d) Health care staff shall perform medical evaluations of all patients involved in an assault, cell extraction, or use of force including, but not limited to, necessary medical care, decontamination advice, and monitoring of patients who refuse decontamination from chemical agents or referrals following controlled use of force pursuant to section 3268 (l).
(e) In all situations that may require controlled use of force, mental health shall be consulted. A Licensed Mental Health Practitioner shall evaluate the patient and provide intervention, as appropriate, during a cool down period.
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language will be repealed by operation of law on the following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language will be repealed by operation of law on the following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transmitted to OAL by 6-8-2020 or emergency language will be repealed by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.
