§ 121361. — 121361. (Amended by Stats. 2002, Ch. 763, Sec. 4.)

California § 121361.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 105.: DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL
• Part 5.: PART 5. TUBERCULOSIS
• Ch. 1.: CHAPTER 1. Tuberculosis Control

Text

(a)
(1)
A health facility, local detention facility, or state correctional institution shall not discharge or release any of the following persons unless subdivision (e) is complied with:
(A)
A person known to have active tuberculosis disease.
(B)
A person who the medical staff of the health facility or of the penal institution has reasonable grounds to believe has active tuberculosis disease.
(2)
In addition, persons specified in this subdivision may be discharged from a health facility only after a written treatment plan described in Section 121362 is approved by a local health officer of the jurisdiction in which the health facility is located. Any treatment plan submitted for approval pursuant to this paragraph shall be reviewed by the local health officer within 24 hours of receipt of that plan.
(3)
The approval requirement of paragraph (2) shall not apply to any transfer to a general acute care hospital when the transfer is due to an immediate need for a higher level of care, nor to any transfer from any health facility to a correctional institution. Transfers or discharges described in this paragraph shall occur only after the notification and treatment plan required by Section 121362 have been received by the local health officer.
(4)
This subdivision shall not apply to any transfer within the state correctional system or to any interfacility transfer occurring within a local detention facility system.
(b)
No health facility shall, without first complying with subdivision (e), transfer a person described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to another health facility. This subdivision shall not apply to any transfer within the state correctional system or to any interfacility transfer occurring within a local detention facility system.
(c)
No state correctional institution or local detention facility shall transfer a person described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) from a state to a local, or from a local to a state, penal institution unless notification and a written treatment plan are received by the chief medical officer of the penal institution receiving the person.
(d)
No local detention facility shall transfer a person described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to a local detention facility in another jurisdiction unless subdivision (e) is complied with and notification and a written treatment plan are received by the chief medical officer of the local detention facility receiving the person.
(e)
(1)
Any discharge, release, or transfer described in subdivisions (a), (b), (c), and (d) may occur only after notification and a written treatment plan pursuant to Section 121362 has been received by the local health officer. When prior notification would jeopardize the person’s health, the public safety, or the safety and security of the penal institution, the notification and treatment plan shall be submitted within 24 hours of discharge, release, or transfer.
(2)
When a person described in paragraph (1) of subdivision (a) is released on parole from a state correctional institution, the notification and written treatment plan specified in this subdivision shall be provided to both the local health officer for the county in which the parolee intends to reside and the local health officer for the county in which the state correctional institution is located.
(3)
Notwithstanding any other provision of law, the Department of Corrections shall inform the parole agent, and other parole officials as necessary, that the person described in paragraph (1) of subdivision (a) has active or suspected active tuberculosis disease and provide information regarding the need for evaluation or treatment. The parole agent and other parole officials shall coordinate with the local health officer in supervising the person’s compliance with medical evaluation or treatment related to tuberculosis, and shall notify the local health officer if the person’s parole is suspended as a result of having absconded from supervision.
(f)
No health facility that declines to discharge, release, or transfer a person pursuant to this section shall be civilly or criminally liable or subject to administrative sanction therefor. This subdivision shall apply only if the health facility complies with this section and acts in good faith.
(g)
Nothing in this section shall relieve a local health officer of any other duty imposed by this chapter.

Legislative History

Amended by Stats. 2002, Ch. 763, Sec. 4. Effective January 1, 2003.