1. (a) All Durable Medical Equipment (DME) from outside of the Department arriving with a patient to an institution shall be subject to inspection, review, and acceptance by custody for safety and security concerns and health care staff for medical necessity.

   1. (1) If custody staff determines a safety or security concern with a particular item of DME either generally or in the possession of a particular patient, the Chief Medical Executive or designee shall be consulted immediately to determine appropriate action to accommodate the patient's needs.
2. (b) Patients transferred from one California Department of Corrections and Rehabilitation (CDCR) institution to another shall be allowed to maintain possession of DME and medical supplies unless it poses a threat to safety and security as determined by custody staff and as supported by documented evidence.

3. (c) Patients transferred or assigned to higher levels of security within an institution shall be allowed to maintain possession of DME unless it poses a threat to safety and security as determined by custody staff.

   1. (1) If custody staff retains the DME, it shall be stored in a designated location in the unit and provided to the patient if needed when released from their cell.
4. (d) Medically necessary DME shall accompany patients when transferred to any outside facility and must accompany the patients upon return.
5. (e) The Department shall provide 30 days of prescribed medical supplies upon release or parole.
6. (f) Patient-owned DME shall accompany the patient upon release or parole.
7. (g) DME that is loaned or issued to the patient shall accompany the patient upon release or parole unless a Primary Care Provider determines at the time of the release or parole that the DME is no longer medically necessary.
8. (h) Pre-ordered DME received by an institution after the patient is paroled shall be forwarded to the parole unit supervising the supervised person.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Armstrong Remedial Plan. Armstrong v. Newsom (No. C94-2307 CW), U.S. District Court, Northern District of California; 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.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. Change without regulatory effect amending subsection (h) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).