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AB-1120 Correctional health care facilities.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1120


Introduced  by  Assembly Member Mansoor

February 18, 2011


An act to amend Section 1250.4 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1120, as introduced, Mansoor. Correctional health care facilities.
Under exsiting law, the State Department of Public Health licenses and regulates health care facilities. Under existing law, the Department of Corrections and Rehabilitation and the Division of Juvenile Facilities, Department of Corrections and Rehabilitation, have jurisdiction over health care facilities in institutions, as defined, that are subject to specific requirements for operation and control of communicable, contagious, or infectious diseases.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1250.4 of the Health and Safety Code is amended to read:

1250.4.
 (a)  As used in this section:
(1)  “Department” means the Department of Corrections and Rehabilitation or the Department of the Youth Authority Division of Juvenile Facilities, Department of Corrections and Rehabilitation.
(2)  “Communicable, contagious, or infectious disease” means any a disease that is capable of being transmitted from person to person, with or without contact, and, as established by the State Department of Public Health Services pursuant to Section 120130, and Section 2500 et seq. of Title 17 of the California Code of Regulations.
(3)  “Inmate or ward” means any a person incarcerated within the jurisdiction of the Department of Corrections and Rehabilitation or the Department of the Youth Authority Division of Juvenile Facilities, Department of Corrections and Rehabilitation, with the exception of a person on parole.
(4)  “Institution” means any a state prison, camp, center, office, or other facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority department.
(5)  “Medical director,” “chief of medical services,” or “chief medical officer” means the medical officer, acting medical officer, medical director, or the physician designated by the department to act in that capacity, who is responsible for directing the medical treatment programs and medical services for all health services and services supporting the health services provided in the institution.
(b)  Each health care facility in the Department of Corrections and in the Department of the Youth Authority department shall have a medical director in charge of the health care services of that facility who shall be a physician and surgeon licensed to practice in California and who shall be appointed by the directors of the departments. The medical director shall direct the medical treatment programs for all health services and services supporting the health services provided in the facility.
(c)  The medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, shall use every available means to ascertain the existence of, and to immediately investigate, all reported or suspected cases of any communicable, contagious, or infectious disease and to ascertain the source or sources of the infections and prevent the spread of the disease. In carrying out these investigations, the medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, is hereby invested with full powers of inspection, examination, and quarantine or isolation of all inmates or wards known to be, or reasonably suspected to be, infected with a communicable, contagious, or infectious disease.
(d)  The medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, shall order an inmate or ward to receive an examination or test, or may order an inmate or ward to receive treatment if the medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, has reasonable suspicion that the inmate or ward has, has had, or has been exposed to a communicable, contagious, or infectious disease and the medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, has reasonable grounds to believe that it is necessary for the preservation and protection of staff and inmates or wards.
(e)  Notwithstanding Section 2600 or 2601 of the Penal Code, or any other provision of law, any an inmate or ward who refuses to submit to an examination, test, or treatment for any a communicable, contagious, or infectious disease or who refuses treatment for any a communicable, contagious, or infectious disease, or who, after notice, violates, or refuses or neglects to conform to any a rule, order, guideline, or regulation prescribed by the department with regard to communicable disease control shall be tested involuntarily and may be treated involuntarily. This inmate or ward shall be subject to disciplinary action as described in Title 15 of the California Code of Regulations.
(f)  This section shall not apply to HIV or AIDS. Testing, treatment, counseling, prevention, education, or other procedures dealing with HIV and AIDS shall be conducted as prescribed in Title 8 (commencing with Section 7500) of Part 3 of the Penal Code.
(g)  This section shall not apply to tuberculosis. Tuberculosis shall be addressed as prescribed in Title 8.7 (commencing with Section 7570) of the Penal Code.