Home Table of Contents

§ 3999.205. Over-the-Counter Products.

15 CA ADC § 3999.205Barclays Official California Code of RegulationsEffective: July 1, 2023

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 2. Rules and Regulations of Health Care Services
Subchapter 2. Patient's Entitlements and Responsibilities
Article 1. Provisions of Health Care Services
Effective: July 1, 2023
15 CCR § 3999.205
§ 3999.205. Over-the-Counter Products.
Currentness
(a) The Department shall provide and distribute approved Over-the-Counter (OTC) health care products through the inmate canteen services system process pursuant to section 3091 without cost to the patient or a need for a health care provider's prescription.
(b) All patients housed within CDCR institutions shall have access to OTC products.
(c) Patients shall access OTC products as a function of normal programming.
(d) Patients in the Reception Center shall have access to OTC products through the canteen within 30 calendar days of arrival.
(e) Patients admitted to an Acute or Intermediate Care Facility, Correctional Treatment Center, Skilled Nursing Facility, Psychiatric Inpatient Program, or Mental Health Crisis Bed shall have access to all non-medicated comfort products only. All other medicated OTC products shall be provided by Pharmacy Services as ordered by licensed health care providers.
(f) Patients shall utilize the standard canteen pick list which shall include the approved OTC products.
(1) Patients shall be allowed to receive up to three OTC units per canteen period, but shall not be permitted to receive more than two units of any single OTC product.
(g) Patients unable to receive their OTC products during their scheduled draw shall be allowed to receive their OTC products during canteen open line of the current month.
(h) A patient may be restricted from access to OTC product(s) on the basis of a documented health care concern or a documented custody (i.e., safety and security) concern.
(1) Restoration of access to restricted OTC product(s) for a health care concern shall be made by a licensed health care clinician, as the result of a documented assessment of the patient.
(2) Restriction from OTC product(s) for safety and security concerns shall be supported by a guilty finding in a disciplinary hearing for a serious rule violation involving the misuse of an OTC product or its packaging.

Credits

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
History
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).
5. Amendment of subsection (g) filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 15, § 3999.205, 15 CA ADC § 3999.205
End of Document