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California Code, Penal Code - PEN § 4011.3

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) Notwithstanding Section 4011.1, a sheriff, chief or director of corrections, or chief of police shall not charge a fee for durable medical equipment or medical supplies provided to an inmate confined in a county or city jail as medically necessary to ensure the inmate has equal access to jail services, programs, or activities.

(b)(1) For purposes of this section, “durable medical equipment” means equipment that is prescribed by a licensed provider to meet the medical needs of an inmate and that meets all of the following criteria:

(A) The equipment can withstand repeated use.

(B) The equipment is used to serve a medical purpose.

(C) The equipment is not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.

(D) The equipment is appropriate for use in or out of the jail.

(2) Durable medical equipment includes, but is not limited to, eyeglasses, artificial eyes, dentures, artificial limbs, orthopedic braces and shoes, and hearing aids.

(c) For purposes of this section, “medical supplies” means supplies that are prescribed by a licensed provider to meet the medical needs of an inmate and that meet all of the following criteria:

(1) The supplies cannot withstand repeated use.

(2) The supplies are usually disposable in nature.

(3) The supplies are used to serve a medical purpose.

(4) The supplies are not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.

(5) The supplies are intended for use in an outpatient setting.

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Cite this article: FindLaw.com - California Code, Penal Code - PEN § 4011.3 - last updated January 01, 2023 | https://codes.findlaw.com/ca/penal-code/pen-sect-4011-3/

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