California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 6 - Preventive Medical Services
Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities
Article 3 - APPEALS PROCESS
Section 41134 - Request for Appeal
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A request to appeal the chief medical officer's decision whether or not to test an inmate who is the subject of the report for HIV without consent shall be made by using the form, "Report of Request for Appeal for HIV Testing," (DHS 8457, October 1989).
(b) If there is no request for appeal, or if the testing was conducted pursuant to Penal Code section 7512.5 the chief medical officer's decision shall be final. Final decisions of the chief medical officer pursuant to section 7512.5 of the Penal Code, or of the appeals panel, may be appealed to the Superior Court.
1. New
section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
3). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operation of law on
4-30-90.
2. Certificate of Compliance as to 12-29-89 order
transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
repealed the following day.
3. Editorial correction of HISTORY 2.
showing the correct transmittal date (Register 90, No. 50).
4.
Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
language will be repealed by operation of law on the following
day.
5. Certificate of Compliance including amendment transmitted to
OAL 3-11-91 and filed 4-10-91 (Register 91, No.
18).
Note: Authority cited: Section 7518, Penal Code and Chapter 1579, Section 4, Statutes of 1988. Reference: Sections 7515(a) and 7550, Penal Code.
