Section 3999.394 - Comprehensive Accommodation(a) The Department shall provide medically necessary accommodations to patients to ensure equal access to prison services, programs, and activities.(b) The following are not medically necessary accommodations and shall not be ordered by health care staff: (1) Bedding including standard-issued custody mattresses, extra pillows, and blankets.(2) Housing including single cells, cell housing and dormitory housing, except for control of infectious disease or for mental health reasons as recommended by a Mental Health Interdisciplinary Treatment Team.(3) Clothing; shoes, including tennis shoes, with the exception of physician-ordered orthotic shoes; specific sizes of clothing; thermal underwear; hats; and long-sleeved shirts.(c) Patients shall request an accommodation by using the process for requesting health care services or the process for requesting a disability accommodation.(d) A Primary Care Provider (PCP) may initiate a request for an accommodation based on medical necessity.(e) Custody or other staff may refer the patient for consideration of an accommodation.(f) Specialty providers may provide recommendations for an accommodation through consultation reports to be evaluated by the PCP.(g) Accommodations designated as permanent do not require further review or renewal but may be revised or removed by the PCP as indicated by the patient's status.(h) Temporary accommodations shall remain in force until the documented timeframe has expired.(i) The accommodation remains valid and in force, if clinically indicated, even if the patient transfers to a different institution.(j) A copy of the accommodation chrono shall be provided to the patient.Cal. Code Regs. Tit. 15, § 3999.394
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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.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; Armstrong v. Newsom (No. C94-2307 CW), U.S. District Court, Northern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
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).