BILL NUMBER: AB 1434	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 27, 2009

   An act to amend Section 2653 of the Penal Code, relating to
prisoners.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1434, as introduced, Torrico. Prisoners: medical treatment.
   Existing law provides that if a physician employed by the
Department of Corrections and Rehabilitation certifies in writing
that a particular medical treatment is required for a prisoner, as
specified, that order may not be modified or canceled by any other
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance, except as
specified.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

   AB 1434, as introduced, Torrico. Prisoners: medical treatment.
   Existing law provides that if a physician employed by the
Department of Corrections and Rehabilitation certifies in writing
that a particular medical treatment is required for a prisoner, as
specified, that order may not be modified or canceled by any other
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance, except as
specified.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

   AB 1434, as introduced, Torrico. Prisoners: medical treatment.
   Existing law provides that if a physician employed by the
Department of Corrections and Rehabilitation certifies in writing
that a particular medical treatment is required for a prisoner, as
specified, that order may not be modified or canceled by any other
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance, except as
specified.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2653 of the Penal Code is amended to read:
   2653.  (a) If a physician employed by the Department of
Corrections  or the Department of the Youth Authority
  and Rehabilitation  certifies in writing that a
particular medical treatment is required to prevent a violation of
Section 147, 673, 2650, or 2652, or is required to prevent serious
and imminent harm to the health of a prisoner, the order for that
particular medical treatment may not be modified or canceled by any
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance unless an
inmate or ward has a known history of violent or otherwise disruptive
behavior that requires additional measures to protect the safety and
security of the institution specified in writing by the warden or
superintendent, or unless immediate security needs require alternate
or modified procedures. Following any necessary modified or alternate
security procedures, treatment of the inmate or ward shall be
effected as expeditiously as possible.
   Nothing in this section shall be construed to prevent a registered
nurse from questioning, or seeking clarification of, an order from a
physician that in the professional judgment of that nurse endangers
patient health or safety, or otherwise is contrary to the
professional ethics of the registered nurse.
   (b) Any person who violates this section shall be subject to
appropriate disciplinary action by the department.
  SECTION 1.  Section 2653 of the Penal Code is amended to read:
   2653.  (a) If a physician employed by the Department of
Corrections  or the Department of the Youth Authority
  and Rehabilitation  certifies in writing that a
particular medical treatment is required to prevent a violation of
Section 147, 673, 2650, or 2652, or is required to prevent serious
and imminent harm to the health of a prisoner, the order for that
particular medical treatment may not be modified or canceled by any
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance unless an
inmate or ward has a known history of violent or otherwise disruptive
behavior that requires additional measures to protect the safety and
security of the institution specified in writing by the warden or
superintendent, or unless immediate security needs require alternate
or modified procedures. Following any necessary modified or alternate
security procedures, treatment of the inmate or ward shall be
effected as expeditiously as possible.
   Nothing in this section shall be construed to prevent a registered
nurse from questioning, or seeking clarification of, an order from a
physician that in the professional judgment of that nurse endangers
patient health or safety, or otherwise is contrary to the
professional ethics of the registered nurse.
   (b) Any person who violates this section shall be subject to
appropriate disciplinary action by the department.
  SECTION 1.  Section 2653 of the Penal Code is amended to read:
   2653.  (a) If a physician employed by the Department of
Corrections  or the Department of the Youth Authority
  and Rehabilitation  certifies in writing that a
particular medical treatment is required to prevent a violation of
Section 147, 673, 2650, or 2652, or is required to prevent serious
and imminent harm to the health of a prisoner, the order for that
particular medical treatment may not be modified or canceled by any
employee of the department without the approval of the chief medical
officer of the institution or the physician in attendance unless an
inmate or ward has a known history of violent or otherwise disruptive
behavior that requires additional measures to protect the safety and
security of the institution specified in writing by the warden or
superintendent, or unless immediate security needs require alternate
or modified procedures. Following any necessary modified or alternate
security procedures, treatment of the inmate or ward shall be
effected as expeditiously as possible.
   Nothing in this section shall be construed to prevent a registered
nurse from questioning, or seeking clarification of, an order from a
physician that in the professional judgment of that nurse endangers
patient health or safety, or otherwise is contrary to the
professional ethics of the registered nurse.
   (b) Any person who violates this section shall be subject to
appropriate disciplinary action by the department.