1. (a) The Department shall provide meals based on a California Department of Corrections and Rehabilitation (CDCR) Standardized Master Menu consistent with the CDCR Heart Healthy Diet. Diet instruction, texture modified diets, nourishments, supplements, and outpatient therapeutic diets shall be provided if clinically indicated. Outpatient therapeutic diet meals may not be modified for religious reasons pursuant to section 3054(d) or for other personal requests.

   1. (1) If a patient is allergic or intolerant to readily identified food, the patient shall be educated to avoid the food, but no food substitution shall be given.
   2. (2) Patients may refuse an outpatient therapeutic diet and the refusal shall be documented in the health record. Patients who refuse an ordered diet shall be offered the CDCR Heart Healthy Diet.

   3. (3) Patients requiring an outpatient therapeutic diet or texture modified diet shall be housed at institutions that have the capability to prepare these diets under the direction and supervision of a Registered Dietitian and trained dietary staff.

      1. (A) Patients receiving an outpatient therapeutic diet or texture modified diet shall not be housed in a Correctional Treatment Center, Skilled Nursing Facility, hospice, or any other licensed bed or Outpatient Housing Unit for the sole purpose of receiving an ordered diet unless medically indicated as ordered by a provider.

   4. (4) The patient shall meet one or more of the following criteria to qualify for nourishments or supplements, unless otherwise approved by the institution Chief Medical Executive or Supervising Dentist:

      1. (A) Pregnancy and lactation.
      2. (B) Patients with type one diabetes mellitus or brittle diabetes.
      3. (C) Patients with impaired mastication or dysphagia.

      4. (D) Moderate to severe protein/calorie malnutrition due to metabolic deficiency or metabolic response to injury/illness evidenced by:

         1. 1. Significant weight loss of ten percent or more over the prior six months.
         2. 2. Body Mass Index less than 18.
      5. (E) Decompensated end stage liver disease.
      6. (F) Bariatric surgery.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Section 3203, Probate 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, including amendment of subsections (a), (a)(2), (a)(3), (a)(3)(A) and (a)(4)(F), transmitted to OAL 6-8-2020 and filed 7-20-2020; amendments operative 7-20-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 30).