Corrections: treatment of prisoners., the official text

An act to add Section 2654 to the Penal Code, relating to corrections.

LEGISLATIVE COUNSEL'S DIGEST

Existing law prohibits the Department of Corrections Rehabilitation from allowing any lack of care that would injure or impair the health of an incarcerated person. Existing law prohibits the department from modifying or canceling the medical treatment of an incarcerated person if a physician certifies that the medical treatment is required to prevent certain violations of law or to prevent serious and imminent harm to the health of an incarcerated person, as specified.
This bill would prohibit a supervisor, administrator, or employee of the department from interfering with or refusing to implement prescribed health care, as specified, that results in substantial emotional distress or serious bodily injury, as defined.

The people of the State of California do enact as follows:

SECTION 1.
Section 2654 is added to the Penal Code, to read:
2654.
(a) A supervisor, administrator, or employee of the Department of Corrections and Rehabilitation shall not knowingly countermand, change, interfere with, or refuse to implement health care prescribed or determined to be medically necessary by a licensed health care provider acting within the scope of their licensure that results in substantial emotional distress or serious bodily injury.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Serious bodily injury” means a medically diagnosed serious impairment of physical condition, including, but not limited to, acute or protracted loss or impairment of function of any bodily member or organ.
(2) “Substantial emotional distress” means medically or psychiatrically diagnosed mental or emotional suffering that is acute, chronic, or protracted, or a condition that requires inpatient psychiatric treatment.