Chapter 1 – General Administration

13010.15.3 Access to Correctional Health Care Facilities and Patients 

• News and non-news media representatives may be allowed controlled access under institution escort to patients and their housing areas in order to safeguard the public’s right to know while respecting patients’ legal right to health care privacy. The Assistant Secretary, Communications; the Undersecretary of Health Care Services; and institution health care staff shall be notified in advance of all news media events involving patients. Access shall require approval of the Warden, the Health Care Chief Executive Officer (CEO) and the Assistant Secretary, Communications or their designee.

• Access to Facilities

  • Random interviews in units housing patients shall be closely monitored to protect health care privacy. To safeguard patients’ right to privacy, health care staff shall ensure that signs, charts and/or any other patient identifiers are not visible. Clinical and  non-clinical staff members are not to divulge any patient’s protected health information.

  • Requests from news and non-news media representatives to visit contracted health care facilities must be received in writing at least 30 days in advance in order to coordinate with the contractor in accordance with this policy.

  • News and non-news media access is not permitted within units with mental health crisis beds or any area housing patients under medical isolation or quarantine.

  • To protect the integrity of delivering patient care, news and non-news media access to clinical areas where health care is delivered (e.g., dialysis centers, dental clinics, triage and treatment areas) may only be allowed when no patients are present.

• Access to Patients

  • News and non-news media representatives may be permitted random face-to-face interviews with patients receiving health care services and living in units that provide health care treatment. Such interviews shall be conducted as stipulated by the Warden and the Health Care CEO, including restricting the time, place and duration of such interviews, the size of technical crews, and the amount and type of equipment.

  • News and non-news media access to units housing seriously or terminally ill patients may be permitted on a case-by-case basis. Consideration shall be given to factors that may disrupt the operation of the unit. Participation is restricted to patients who have the capacity for giving informed consent. Filming, video or audio recording and photographing will not be allowed of patients who do not have the capacity to give informed consent.

  • Media interviews shall not be permitted with an incarcerated person suffering from a mental illness which, in the opinion of a psychiatrist or psychologist, renders them incapable of giving informed consent or their condition may be worsened by such an interview. Individuals who are severely ill or injured, medicated, are cognitively impaired, suffer from dementia, or are experiencing severe pain, anguish or grief, often lack the capacity to give consent and shall not be approached by news and non-news media representatives. Consent should only be obtained from patients who are awake, alert and have the capacity to understand the consequences of giving informed consent.

  • When seeking consent from patients, the following guidelines should be followed:

    • Inform the patient about the purpose of the filming, recording or interview and what news or non-news organization will be conducting the interview.

    • Inform the patient about how the interview, filming and/or photographs may be used.

    • Inform the patient that participation is voluntary and that a decision to participate or not will not affect their care.

    • Inform the patient that they can rescind consent at any time.