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 3999.431 - Foreign Body Exams and Contraband Surveillance

Universal Citation: 15 CA Code of Regs 3999.431

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A licensed medical provider shall order a medical imaging foreign body examination when medically necessary.

(1) All clothing (except shorts) and jewelry shall be removed from the patient.

(b) Patients undergoing Contraband Surveillance Watch (CSW) shall be provided clinical observation, assessment, and management.

(1) An initial nursing assessment shall be performed by a Registered Nurse (RN) and documented in the patient's health record.

(2) Patients with normal vital signs, no complaints, and no physical findings may be released to CSW housing. All other patients shall be referred to a licensed medical provider for further assessment and orders.

(3) The licensed medical provider shall determine any health care risks or special accommodations needed for CSW, including possible placement in a medical bed.

(4) All patients placed on CSW shall be provided written and verbal information informing them of the risks of ingesting or inserting contraband as well as recommendations for elimination of such item(s).

(5) During the course of the CSW, if custody staff observes a decline in the patient's health, or believes that the patient's health is affected by the concealed contraband, health care staff shall be immediately contacted to reassess the patient's condition.

(6) For the duration of the CSW, cell front observation shall be performed on second watch by nursing staff daily.
(A) Patients with physical complaints or abnormal physical findings during the RN assessment shall be referred to a licensed medical provider for further evaluation and orders.

(B) If a licensed medical provider determines evaluation is required more frequently than once per day, the patient shall be placed in a medical bed.

(c) A patient may refuse an examination or diagnostic study (e.g., X-Ray for contraband) when ordered or recommended by a licensed medical provider. Health care staff shall not perform a diagnostic examination without the cooperation of the patient. The refusal shall be documented and filed in the patient's health record.

(1) Custody staff may seek a court order for the patient to comply, if the patient refuses the examination or diagnostic study recommended by the licensed medical provider or an examination was not ordered by a licensed medical provider due to the absence of a medical indication for the study.

(2) When obtained, a copy of the court order to compel the patient to comply with the examination or diagnostic study must be provided to health care staff.

(3) Refusal to comply with a court-ordered examination shall be managed by custody 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; Sections 3200- 3212, Probate Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.

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