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California Code, Penal Code - PEN § 3406

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Any incarcerated person shall have the right to summon and receive the services of any physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice in order to determine whether they are pregnant.  The warden may adopt reasonable rules and regulations with regard to the conduct of examinations to effectuate this determination.

(b) If the incarcerated person is found to be pregnant, they are entitled to a determination of the extent of the medical and surgical services needed and to the receipt of these services from the physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice.  Any expenses occasioned by the services of a physician, nurse practitioner, certified nurse midwife, or physician assistant whose services are not provided by the institution shall be borne by the incarcerated person.

(c)(1) A physician providing services pursuant to this section shall possess a current, valid, and unrevoked certificate to engage in the practice of medicine issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.

(2) A nurse practitioner providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.

(3) A certified nurse midwife providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code.

(4) A physician assistant providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code.

(d) The rights provided for incarcerated persons by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access.

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Cite this article: FindLaw.com - California Code, Penal Code - PEN § 3406 - last updated January 01, 2025 | https://codes.findlaw.com/ca/penal-code/pen-sect-3406/

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