Cal. Code Regs. tit. 22 § 41111

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 41111 - Delegation of Duties
(a) The chief medical officer may delegate the following medical responsibilities to other qualified physicians and surgeons:
(1) Medical assessment and determination of clinical symptoms of HIV infection, to include Stage 4 (AIDS).
(2) Assessment of whether follow-up testing is medically warranted based upon the investigation of the incident and the documentation that exposure has occurred in a manner capable of transmitting HIV.
(3) Any pre-test or post-test counseling and education of persons filing a report or requesting testing of an inmate, or of an inmate who is the subject of a report.
(4) Attendance at or hearing any oral testimony from involved parties pertaining to the testing of any inmate prior to a decision to test an inmate or as a result of an appeal to a decision to test an inmate. If the appeal record is held open for additional statements, the taking of those statements may also be delegated.
(5) Investigation of a report from a custodial officer which documents inmate behavior that may warrant HIV testing.
(6) Any activities related to filing an appeal pursuant to Penal Code section 7516.5.
(7) Activities related to the disclosure of information and test results to involved parties as specified in Title 8 (commencing with section 7500) of part 3 of the Penal Code.
(8) Determination that good cause exists and the decision to waive the filing period for a report under Penal Code sections 7510(b) and 7512(a).
(9) Writing of the decision required by Penal Code section 7511(c).
(10) Distribution of copies of hearing decision pursuant to Penal Code section 7511(c), 7512(c), 7512.5 and 7516.8.
(11) Transmittal of blood specimens under Penal Code section 7530(b).
(b) The chief medical officer may delegate all functions in (a) above to qualified non-medical personnel except for the functions specified in (a)(1) and (2).

Cal. Code Regs. Tit. 22, § 41111

1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-30-90.
2. Certificate of Compliance as to 12-29-89 order transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90 as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-9-90 or emergency language will be repealed the following day.
3. Editorial correction of HISTORY 2. showing the correct transmittal date (Register 90, No. 50).
4. Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90. Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance including amendment transmitted to OAL 3-11-91 and filed 4-10-91 (Register 91, No. 18).

Note: Authority cited: Chapter 1579, Section 4, Statutes of 1988 and Sections 7503 and 7518, Penal Code. Reference: Sections 7502(d), 7503, 7510(a), 7511(a), (b), (1), (2) and (3), 7512(a) and (c), 7512.5, 7514, 7515(c), 7516(b) and (c), 7516.5 and 7530, Penal Code.

1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-30-90.
2. Certificate of Compliance as to 12-29-89 order transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90 as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-9-90 or emergency language will be repealed the following day.
3. Editorial correction of HISTORY 2. showing the correct transmittal date (Register 90, No. 50).
4. Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90. Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance including amendment transmitted to OAL 3-11-91 and filed 4-10-91 (Register 91, No. 18).