1. (a) The Department shall ensure patients receive health care services from licensed or credentialed health care providers.

2. (b) The Department shall verify credentials and grant privileges to all licensed medical providers who provide patient care services at California Department of Corrections and Rehabilitation (CDCR) institutions and Department regional and headquarters offices to ensure they meet minimum credentials, privileging, and performance standards.

   1. (1) Licensed medical providers shall not provide any direct patient care services to CDCR patients prior to having their credentials approved and privileges granted.

      1. (A) Credentialing. The credentials reviewed for all providers shall include, but not be limited to, licensure, certification, education, training and experience, current competence, and physical and mental ability to provide patient care services in a correctional setting.

         1. 1. Credentials for civil service providers and telemedicine providers may be approved on a statewide basis.
         2. 2. Registry and contract providers must have credentials reviewed at each facility where the licensed medical provider intends to provide services.

      2. (B) Privileging. Privileges shall only be granted for the specific location where a licensed medical provider intends to provide services.

         1. 1. Notwithstanding subsection (b)(1)(B), telemedicine providers may be privileged statewide to provide telemedicine services. However, if a telemedicine provider intends to provide in-person services at a CDCR facility, then the telemedicine provider shall apply for privileges at that facility.
         2. 2. Privileges shall only be granted once credentials have been approved.

   2. (2) Reappointment shall occur biennially.

      1. (A) Providers who fail to complete the reappointment process prior to expiration of their credentials and privileges shall be subject to revocation of privileges.
      2. (B) Permanent separation from civil service employment or contract expiration or termination of services as a contract/registry licensed medical provider shall result in termination of any privileges at the time of separation.

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).