Section 3261.6 - Access to Correctional Health Care Facilities and Patients(a) News and non-news media representatives may be allowed controlled access under institution escort to patients and their housing areas in order to safeguard the public's right to know while respecting patients' legal right to health care privacy. The Assistant Secretary, Communications; the Undersecretary of Health Care Services; and institution health care staff shall be notified in advance of all news media events involving patients. Access shall require approval of the Warden, the Health Care Chief Executive Officer (CEO), and the Assistant Secretary, Communications, or their designee.(b) Random interviews in units housing patients shall be closely monitored to protect health care privacy. To safeguard patients' legal right to privacy, health care staff shall ensure that signs, charts and/or any other patient identifiers are not visible. Clinical and non-clinical staff members are not to divulge any patient's protected health information.(c) Requests from news and non-news media representatives to visit contracted health care facilities must be received in writing by CDCR or CCHCS at least 30 days in advance in order to coordinate with the contractor in accordance with section 3261.6(a).(d) News and non-news media access is not permitted within units with mental health crisis beds or any area housing patients under medical isolation or quarantine.(e) To protect the integrity of delivering patient care, news and non-news media access to clinical areas where health care is delivered (e.g. dialysis centers, dental clinics, triage and treatment areas) may only be allowed when no patients are present.(f) News and non-news media representatives may be permitted random face-to-face interviews with patients receiving health care services and living in units that provide health care treatment. Such interviews shall be conducted as stipulated by the Warden and the Health Care CEO, including restricting the time, place and duration of interviews, and size of technical crews in accordance with section 3261.6(a).(g) News and non-news media access to units housing seriously or terminally ill incarcerated persons may be permitted on a case-by-case basis. Consideration shall be given to factors that may disrupt the operation of the unit. Participation is restricted to patients who have the capacity for giving informed consent. Filming, video and/or audio recording, and photographing will not be allowed of patients who do not have the capacity to give informed consent.(h) News and non-news media interviews shall not be permitted with an incarcerated person suffering from a mental illness which, in the opinion of a psychiatrist or psychologist, renders them incapable of giving informed consent or their condition may be worsened by such an interview. Individuals who are severely ill or injured, medicated, are cognitively impaired, suffer from dementia, or are experiencing severe pain, anguish or grief often lack the capacity to give consent and shall not be approached by news and non-news media representatives. Consent shall only be obtained from patients who are awake, alert and have the capacity to understand the consequences of giving informed consent.Cal. Code Regs. Tit. 15, § 3261.6
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sections 1798.41 and 1798.42, Civil Code; and Code of Federal Regulations, Title 45, Parts 160 and 164.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sections 1798.41 and 1798.42, Civil Code; and Code of Federal Regulations, Title 45, Parts 160 and 164.
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of section heading, repealer and new section and amendment of Note filed 3-21-2022; operative 7/11/2022 (Register 2022, No. 12). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
4. Change without regulatory effect amending subsections (a), (g) and (h) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).