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Summary:

If the prosecution seeks the death penalty, the defendant may apply for an order for a mental retardation hearing. The court shall order a hearing after receiving a declaration from a qualified expert that states in her opinion that the defendant is mentally retarded. The prosecution and the defense may present evidence on the claim of retardation. The court may appoint experts to examine the defendant, but no statement made by the defendant during the examination is admissible in the trial on the defendant's guilt.

Summary:

The minimum standards for the examination and treatment of victims of sexual assault or attempted sexual assault, including child molestation and the collection and preservation of evidence therefrom includes obtaining consent from the victim for the collection of physical evidence. Consent of a minor's parent is not always necessary.

Summary:

Each qualified health care professional who conducts an examination for evidence of a sexual assault or attempted sexual assault shall use the standard form. The form shall be used to satisfy reporting requirements in Penal 11160, 11161, 11168 and shall be subject to the same principles of confidentiality applicable to other medical records.

Summary:

Except for prisoners sentenced to death or life in prison without possibility of parole, any prisoner who the head physician determines to be permanently medically incapacitated and necessitating 24 hour care, and the incapacitation was not present at the time of sentencing, shall be granted medical parole if the Board of Parole Hearings finds it to be safe. In cases where the prisoner’s primary care physician or family recommends or requests that the prisoner be considered for medical parole due to being permanently medically incapacitated, the head physician shall either refer the matter to the Board of Parole Hearings within 30 days or provide the primary care physician or family member with a written explanation of the reasons for denying it. The Department of Corrections and Rehabilitation shall complete parole plans that include the inmate's plan for residency and medical care. The Board of Parole Hearings shall make an independent judgment (with written findings) regarding whether the inmate would pose a threat to public safety. As a condition of medical parole, a prisoner might be required to submit to a medical examination, the results of which will be reported to the Board. The Department shall ensure that any medical parolee has in his or her possession medical discharge papers, full medical record, and access to prescriptions. Any additional records shall be sent to the prisoner's forwarding address after release to health care-related parole supervision. The Department of Corrections and Rehabilitation must give notice of any medical parole hearing and any medical parole release to the county of commitment, and the county of proposed release, at least 30 days (or as soon as feasible) prior to a medical parole hearing or a medical parole release.

Summary:

Every person confined in the state prison who commits a battery by intentionally placing or throwing human excrement or other bodily fluids or bodily substances on the person of a peace officer or other employee of the state prison may be ordered by the chief medical officer to receive an immediate voluntary or involuntary examination or test for hepatitis or tuberculosis and subsequent follow-up examinations if deemed necessary to the health of the peace officer or employee. The results of any examination or test shall be reported to the peace officer or employee, and any person performing the tests or transmitting test results shall be immune from civil liability.

Summary:

Every person confined under the jurisdiction of the Department of the Youth Authority who commits a battery by intentionally placing or throwing human excrement or other bodily fluids or bodily substances on the person of a peace officer or employee of the state prison may be ordered by the chief medical officer to receive an immediate voluntary or involuntary examination or test for hepatitis or tuberculosis and subsequent follow-up examinations if deemed necessary to the health of the peace officer or employee. The results of any examination or test shall be reported to the peace officer or employee, and any person performing the tests or transmitting test results shall be immune from civil liability.

Summary:

The court shall compel the physician conducting an examination to testify as to the examination results. The presence of physician may be waived if an affidavit or report of the examination may be received into evidence.

Summary:

When receiving a patient, the person in charge of a state hospital, shall submit the patient to a thorough mental and physical examination and state the results on appropriate blank forms. The patient shall be required to submit to further periodic examinations of the patient's mental state, bodily condition, and medical treatment and the results should be recorded. If the patient dies or is discharged, the person in charge of the state hospital shall record the circumstances.

Summary:

For a physical or mental exam performed in compliance with the court process (discovery, court order, etc), the demanding party has a right to the written report of the history, results, diagnoses, prognoses, and conclusions of the examiner, as well as a copy of the reports of all earlier examinations of the same condition of the examinee made by that or any other examiner.

Summary:

An employment agency that refers temporary licensed nursing staff to licensed health care facilities must provide the facilities with a statement that the staff person has had a health examination within 90 days prior to employment with the agency (the examination must include a medical history and physical evaluation) and verification that the staff person has had tuberculosis screening within 90 days prior to employment and annually thereafter.

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