Section 3999.201 - Effective Communication(a) The California Department of Corrections and Rehabilitation (CDCR) shall ensure effective communication (EC) is reached and documented when there is an exchange of health care information involving patients with a hearing, vision, or speech impairment; learning disability, developmental disability, or functional disability; Test of Adult Basic Education (TABE) reading score of 4.0 or less, which includes zero or no TABE score; or Limited English Proficiency (LEP), and in health care grievance communications with such patients.(1) In the exchange of health care information and health care grievance communications with such patients, the patient's primary method of communication shall be used. If necessary, the patient's secondary method of communication shall be used with the exception of patients needing a Sign Language Interpreter (SLI).(b) Health care staff shall provide the necessary accommodation or assistance to reach EC at each exchange of health care information with patients requiring EC. Accommodations may be facilitated by sign language interpretation, certified bilingual health care staff, certified bilingual CDCR staff, other certified contracted language interpreters, assistive devices, or other methods of assistance and accommodation.(1) Assistive devices. (A) Health care staff shall, in the presence of the patient, determine the need for any assistive device(s). These assistive devices include, but are not limited to, sound amplification devices, corrective lenses and reading magnifier.(B) During an exchange of health care information with a patient, health care staff shall determine and document the presence and the efficacy of the assistive device(s).(C) When a patient presents without his or her prescribed assistive device, health care staff shall document the reason and provide alternate methods of accommodation.(D) A patient reporting malfunctioning or lost assistive devices shall be referred to designated staff to assess or discuss repair or replacement of the assistive devices.(2) A patient with hearing, vision, speech impairments or those with a TABE reading score of 4.0 or less, which includes zero or no TABE score, may require accommodations or assistance to reach EC. Assistance or accommodations shall be documented and may include one or more of the following:(A) The patient is given additional time to respond or complete a task.(B) Special equipment is used to facilitate EC.(D) The provider speaks louder.(E) The provider speaks slower.(F) The provider uses basic language.(G) Communication is written down.(H) Any other tool that is used to facilitate EC.(3) A patient with a documented learning disability; a TABE reading score of 4.0 or less, which includes zero or no TABE score; or determined LEP shall be queried to determine his or her cognitive ability to engage in conversation and understand information presented during an exchange of health care information, health care interview, or health care grievance communication. Through the query, health care staff shall determine the patient's ability to understand and participate in the exchange of health care information. If no assistance or accommodation is needed, the reason shall be documented.(4) Reading assistance may be provided (e.g., documents read aloud in the presence of the patient) and a determination made as to whether the patient understood during exchanges of health care information, health care interviews, or when providing health care grievance communication where the patient has a developmental disability, is visually impaired, has a documented learning disability, or a TABE reading score of 4.0 or less, which includes zero or no TABE score.(5) SLIs are required for exchanges of health care information with patients whose primary method of communication is American Sign Language.(A) If the patient refuses the assistance of an SLI, or if the patient waives the assistance of an SLI, staff shall employ the most effective form of communication available, including written notes.(B) In locked units, during daily Psychiatric Technician rounds, if sign language interpretation is accomplished via video remote, custody staff shall escort patients to a private setting, away from the cell front where the patient can clearly visualize the SLI. If the patient refuses, the Psychiatric Technician shall refer the patient to a mental health clinician.(6) LEP services shall include:(A) Interpretation and translation services to patients who have a limited ability to speak, read, write, or understand English.(B) A designated LEP coordinator to ensure interpretation and translation services are available, current, and operational.(7) LEP services shall be made available through the following:(A) Telephonic interpretation service available 24 hours a day, seven days a week for staff requiring interpretation services for most commonly spoken languages used by non-English speaking patients.(B) A list of certified bilingual staff and other local interpreters or interpreters from neighboring institutions or agencies competent to interpret and translate.[(C) Forms and documents translated into commonly spoken languages available to staff.Cal. Code Regs. Tit. 15, § 3999.201
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; Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California; Armstrong v. Newsom (No. C94-2307 CW), U.S. District Court, Northern District of California; and Clark v. California (No. C96-1486 CRB), 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).