§ 3999.201. Effective Communication.
15 CA ADC § 3999.201Barclays Official California Code of Regulations
15 CCR § 3999.201
§ 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.
(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.
(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.
Credits
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.
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).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 15, § 3999.201, 15 CA ADC § 3999.201
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