Section 3999.207 - Private Consultants(a) Health care personnel not employed by the Department are not authorized to order treatment for a patient. Such persons may offer opinions and recommendations for consideration by Department health care staff as follows: a patient or a patient's responsible guardian or relative, or an attorney or other interested person wanting the patient examined by a private physician, shall submit a written request to the institution head. The institution head shall, after consulting with the facility's Chief Medical Executive, grant the request unless convinced that specific case factors warrant denial. The fact of and reasons for such denial, and notice of the right to appeal the decision in writing to the Secretary, shall be documented and given to the patient or the person requesting the outside health care service. Costs of such private consultations or examinations shall be paid by the patient or the person requesting the service.(b) When a patient or a patient's guardian or relative, or an attorney or other interested party desires to have a patient examined by a private Psychiatrist or other mental health professional, a request shall be submitted in writing by such person(s) to the warden. After consulting with the institution's Chief Psychiatrist or, in his absence, the Chief Medical Executive, the warden will grant the request unless there are specific case factors which, in the judgment of the warden, warrant denial. If the request is denied, the person(s) making the request will be notified in writing of the reason for the denial and the right to appeal the decision, to the Secretary. Any financial responsibility or obligation for private consultants or examinations will be assumed by the patient or the person(s) requesting the service. Private consultants will not be permitted to order mental health treatment for any patient. However, the private consultant may be asked to make a report of findings and recommendations to the warden.Cal. Code Regs. Tit. 15, § 3999.207
1. Change without regulatory effect renumbering former sections 3354(c) and 3361(b) to new section 3999.207 filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16). Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. Change without regulatory effect renumbering former sections 3354(c) and 3361(b) to new section 3999.207 filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16).