SECTIONS 7570-7576
PENAL CODE
SECTION 7570-7576
SECTION 7570-7576
7570. In enacting this chapter, the Legislature hereby finds anddeclares that tuberculosis is a serious contagious disease. It isvital to the health and safety of inmates, employees, and the publicat large, to conduct appropriate examinations, testing, and treatmentin order to control the spread of tuberculosis in California'sinstitutions.7571. For purposes of this title, the following definitions shallapply: (a) "Chief medical officer" means the chief medical officer oracting chief medical officer of a state prison or any facility underthe jurisdiction of the Department of Corrections or the Departmentof the Youth Authority. (b) "Inmate or ward" means any person incarcerated within thejurisdiction of the Department of Corrections or the Department ofthe Youth Authority, with the exception of a person on parole. (c) "Institution" means any state prison, camp, center, office, orother facility under the jurisdiction of the Department ofCorrections or the Department of the Youth Authority. (d) "Examination, test, or treatment" means methods, processes, orother means, including medical evaluations, testing, followupexaminations, or treatment, in accordance with the recommendations ofthe Centers for Disease Control and Prevention and as specified inthe guidelines for tuberculosis control of the Department ofCorrections and the Department of the Youth Authority. (e) "Medical evaluation" means taking a history or gathering otherinformation and may include, but is not limited to, listening to thechest or other examinations or tests as specified in the guidelinesfor tuberculosis control of the Department of Corrections and theDepartment of the Youth Authority. (f) "Department" means the Department of Corrections and theDepartment of the Youth Authority. (g) "Chief of medical services" means the medical officer, actingmedical officer, or designee responsible for all medical services ofthe Department of Corrections or the Department of the Youthauthority.7572. The chief of medical services, or his or her designee, shalluse every available means to ascertain the existence of, and toimmediately investigate all reported or suspected cases of,tuberculosis in the infectious stages and to ascertain the source orsources of the infections. In carrying out these investigations, thechief of medical services, or his or her designee, is hereby investedwith full powers of inspection, examination, and quarantine orisolation of all inmates or wards known to be, or reasonablysuspected to be, infected with tuberculosis in an infectious stage.7573. (a) The chief medical officer shall order an inmate or wardto receive an examination or test, or may order an inmate or ward toreceive treatment if the medical officer has a reasonable suspicionthat the inmate or ward has, has had, or has been exposed totuberculosis in an infectious stage and the chief medical officer hasreasonable grounds to believe that it is necessary for thepreservation and protection of staff and inmates or wards. (b) The chief medical officer shall ensure that examinations ortests for tuberculosis on all inmates or wards are conducted uponincarceration and at least annually thereafter.7574. Notwithstanding Section 2600 or 2601, or any other provisionof law, any inmate or ward who refuses to submit to an examination,test, or treatment for tuberculosis as described in Section 7572 or7573, or who refuses treatment for tuberculosis, or who, afternotice, violates, or refuses or neglects to conform to, any rule,order, guideline, or regulation prescribed by the department withregard to tuberculosis control shall be tested involuntarily and maybe treated involuntarily. This inmate or ward shall be subject todisciplinary action as described in Title 15 of the California Codeof Regulations.7575. To provide effective control of the spread of tuberculosis ininstitutions and to identify those among the inmate and wardpopulations with tuberculosis, the Department of Corrections shalloperate pursuant to guidelines developed in consultation with theState Department of Health Services, which shall be adopted on orbefore July 1, 1994. The guidelines shall include, but not be limitedto, establishing a reporting system which emphasizes standardized,uniform data collection, reporting, and assessment, as specified inSection 7576.7576. (a) The Department of Corrections, the Department of theYouth Authority, the Board of Prison Terms, and the Youthful OffenderParole Board shall compile information through each department'srespective reporting systems for individual institutions and eachrespective department as a whole and shall provide the results to theState Department of Health Services annually. The informationreported shall consist of the following: (1) Prevalence rates and conversion rates (tuberculin incidence)for tuberculosis infection for inmates or wards and staff in eachinstitution. (2) Case numbers and case rates for tuberculosis disease forinmates or wards in each institution. (b) Subject to additional staffing resources provided through thestate budget process, the departments described in subdivision (a)shall also compile the following information for individualinstitutions and each respective department as a whole and shallprovide the results to the State Department of Health Servicesannually: (1) Percentage of inmates and wards with tuberculosis disease whocomplete the prescribed course of directly observed curative therapyin accordance with the Centers for Disease Control and Preventionrecommendations and as specified in the department's guidelines fortuberculosis control. (2) Percentage of inmates and wards with culture positive sputumthat convert to culture negative in accordance with the Centers forDisease Control and Prevention recommendations and as specified inthe department's guidelines for tuberculosis control. (3) Percentage of inmates and wards with tuberculosis who completethe prescribed INH (isoniazid) or other appropriate directlyobserved preventive therapy in accordance with the Centers forDisease Control and Prevention recommendations and as specified inthe department's guidelines for tuberculosis control.