reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 5326.15 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.15.

5326.15.  (a) Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall transmit a copy to the Director of Health Care Services, the number of persons who received such treatments wherever administered, in each of the following categories:(1) Involuntary patients who gave informed consent.(2) Involuntary patients who were deemed incapable of giving informed consent and received convulsive treatment against their will.(3) Voluntary patients who gave informed consent.(4) Voluntary patients deemed incapable of giving consent.(b) Quarterly, the State Department of State Hospitals shall report to the Director of Health Care Services the number of persons who received such treatments wherever administered, in each of the following categories:(1) Involuntary patients who gave informed consent.(2) Involuntary patients who were deemed incapable of giving informed consent and received convulsive treatment against their will.(3) Voluntary patients who gave informed consent.(4) Voluntary patients deemed incapable of giving consent.(c) Quarterly, the Director of Health Care Services shall forward to the Medical Board of California any records or information received from these reports indicating violation of the law, and the regulations which have been adopted thereto.(Amended by Stats. 2012, Ch. 34, Sec. 88. (SB 1009) Effective June 27, 2012.)
CA Welf & Inst Code § 5326.2 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.2.

5326.2.  To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner:(a) The reason for treatment, that is, the nature and seriousness of the patient’s illness, disorder or defect.(b) The nature of the procedures to be used in the proposed treatment, including its probable frequency and duration.(c) The probable degree and duration (temporary or permanent) of improvement or remission, expected with or without such treatment.(d) The nature, degree, duration, and the probability of the side effects and significant risks, commonly known by the medical profession, of such treatment, including its adjuvants, especially noting the degree and duration of memory loss (including its irreversibility) and how and to what extent they may be controlled, if at all.(e) That there exists a division of opinion as to the efficacy of the proposed treatment, why and how it works and its commonly known risks and side effects. (f) The reasonable alternative treatments, and why the physician is recommending this particular treatment.(g) That the patient has the right to accept or refuse the proposed treatment, and that if he or she consents, has the right to revoke his or her consent for any reason, at any time prior to or between treatments.(Added by Stats. 1976, Ch. 1109.)
CA Welf & Inst Code § 5326.3 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.3.

5326.3.  The State Department of Health Care Services and State Department of State Hospitals shall promulgate a standard written consent form, setting forth clearly and in detail the matters listed in Section 5326.2, and any further information with respect to each item as deemed generally appropriate to all patients.The treating physician shall utilize the standard written consent form and in writing supplement it with those details which pertain to the particular patient being treated.(Amended by Stats. 2012, Ch. 34, Sec. 89. (SB 1009) Effective June 27, 2012.)
CA Welf & Inst Code § 5326.4 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.4.

5326.4.  The treating physician shall then present to the patient the supplemented form specified under Section 5326.3 and orally, clearly, and in detail explain all of the above information to the patient. The treating physician shall then administer the execution by the patient of the total supplemented written consent form, which shall be dated and witnessed.The fact of the execution of such written consent form and of the oral explanation shall be entered into the patient’s treatment record, as shall be a copy of the consent form itself. Should entry of such latter information into the patient’s treatment record be deemed by any court an unlawful invasion of privacy, then such consent form shall be maintained in a confidential manner and place.The consent form shall be available to the person, and to his or her attorney, guardian, and conservator and, if the patient consents, to a responsible relative of the patient’s choosing.(Amended by Stats. 1976, Ch. 1109.)
CA Welf & Inst Code § 5326.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.5.

5326.5.  (a) For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and explicitly manifests consent to the proposed therapy to the treating physician and in writing on the standard consent form prescribed in Section 5326.4.(b) The physician may urge the proposed treatment as the best one, but may not use, in an effort to gain consent, any reward or threat, express or implied, nor any other form of inducement or coercion, including, but not limited to, placing the patient in a more restricted setting, transfer of the patient to another facility, or loss of the patient’s hospital privileges. Nothing in this subdivision shall be construed as in conflict with Section 5326.2. No one shall be denied any benefits for refusing treatment.(c) A person confined shall be deemed incapable of written informed consent if that person cannot understand, or knowingly and intelligently act upon, the information specified in Section 5326.2.(d) A person confined shall not be deemed incapable of refusal solely by virtue of being diagnosed as having a mental health disorder.(e) Written informed consent shall be given only after 24 hours have elapsed from the time the information in Section 5326.2 has been given.(Amended by Stats. 2014, Ch. 144, Sec. 92. (AB 1847) Effective January 1, 2015.)
CA Welf & Inst Code § 5326.55 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.55.

5326.55.  Persons who serve on review committees shall not otherwise be personally involved in the treatment of the patient whose case they are reviewing.(Added by Stats. 1976, Ch. 1109.)
CA Welf & Inst Code § 5326.6 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.6.

5326.6.  Psychosurgery, wherever administered, may be performed only if:(a) The patient gives written informed consent to the psychosurgery.(b) A responsible relative of the person’s choosing and with the person’s consent, and the guardian or conservator if there is one, has read the standard consent form as defined in Section 5326.4 and has been given by the treating physician the information required in Section 5326.2. Should the person desire not to inform a relative or should such chosen relative be unavailable this requirement is dispensed with.(c) The attending physician gives adequate documentation entered in the patient’s treatment record of the reasons for the procedure, that all other appropriate treatment modalities have been exhausted and that this mode of treatment is definitely indicated and is the least drastic alternative available for the treatment of the patient at the time. Such statement in the treatment record shall be signed by the attending and treatment physician or physicians.(d) Three physicians, one appointed by the facility and two appointed by the local mental health director, two of whom shall be either board-certified or eligible psychiatrists or board-certified or eligible neurosurgeons, have personally examined the patient and unanimously agree with the attending physicians’ determinations pursuant to subdivision (c) and agree that the patient has the capacity to give informed consent. Such agreement shall be documented in the patient’s treatment record and signed by each such physician.Psychosurgery shall in no case be performed for at least 72 hours following the patient’s written consent. Under no circumstances shall psychosurgery be performed on a minor.As used in this section and Sections 5326.4 and 5326.7 “responsible relative” includes the spouse, parent, adult child, or adult brother or sister of the person.The giving of consent to any of the treatments covered by this chapter may not be construed as a waiver of the right to refuse treatment at a future time. Consent may be withdrawn at any time. Such withdrawal of consent may be either oral or written and shall be given effect immediately.Refusal of consent to undergo a psychosurgery shall be entered in the patient’s treatment record.(Added by Stats. 1976, Ch. 1109.)
CA Welf & Inst Code § 5326.75 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.75.

5326.75.  Convulsive treatment for all other patients including but not limited to those voluntarily admitted to a facility, or receiving the treatment in a physician’s office, clinic or private home, may be administered only if:(a) The requirements of subdivisions (a), (c), and (d) of Section 5326.7 are met.(b) A board-certified or board-eligible psychiatrist or a board-certified or board-eligible neurologist other than the patient’s attending or treating physician has examined the patient and verifies that the patient has the capacity to give and has given written informed consent. Such verification shall be documented in the patient’s treatment record and signed by the treating physician.(c) If there is not the verification required by subdivision (b) of this section or if the patient has not the capacity to give informed consent, then subdivisions (b), (e), (f), (g), and (h) of Section 5326.7 shall also be met.(Added by Stats. 1976, Ch. 1109.)
CA Welf & Inst Code § 5326.8 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.8.

5326.8.  Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and exercise the rights under this article.Persons 12 years of age and over, and under 16, may be administered convulsive treatment only if all the other provisions of this law are complied with and in addition:(a) It is an emergency situation and convulsive treatment is deemed a lifesaving treatment.(b) This fact and the need for and appropriateness of the treatment are unanimously certified to by a review board of three board-eligible or board-certified child psychiatrists appointed by the local mental health director.(c) It is otherwise performed in full compliance with regulations promulgated by the Director of State Hospitals under Section 5326.95.(d) It is thoroughly documented and reported immediately to the Director of Health Care Services.(Amended by Stats. 2012, Ch. 34, Sec. 90. (SB 1009) Effective June 27, 2012.)
CA Welf & Inst Code § 5326.85 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.85.

5326.85.  No convulsive treatment shall be performed if the patient, whether admitted to the facility as a voluntary or involuntary patient, is deemed to be able to give informed consent and refuses to do so. The physician shall indicate in the treatment record that the treatment was refused despite the physician’s advice and that he has explained to the patient the patient’s responsibility for any untoward consequences of his refusal.(Added by Stats. 1976, Ch. 1109.)
CA Welf & Inst Code § 5326.91 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.91.

5326.91.  In any facility in which convulsive treatment is performed on a person whether admitted to the facility as an involuntary or voluntary patient, the facility will designate a qualified committee to review all such treatments and to verify the appropriateness and need for such treatment. The local mental health director shall establish a postaudit review committee for convulsive treatments administered anywhere other than in any facility as defined in Section 1250 of the Health and Safety Code in which psychiatric evaluation or treatment is offered. Records of these committees will be subject to availability in the same manner as are the records of other hospital utilization and audit committees and to other regulations. Persons serving on these review committees will enjoy the same immunities as other persons serving on utilization, peer review, and audit committees of health care facilities.(Amended by Stats. 2012, Ch. 34, Sec. 92. (SB 1009) Effective June 27, 2012.)
CA Welf & Inst Code § 5326.95 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5326.95.

5326.95.  The Director of State Hospitals shall adopt regulations to carry out the provisions of this chapter, including standards defining excessive use of convulsive treatment, which shall be developed in consultation with the State Department of Health Care Services and the County Behavioral Health Directors Association of California.(Amended by Stats. 2015, Ch. 455, Sec. 26. (SB 804) Effective January 1, 2016.)
CA Welf & Inst Code § 5327 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5327.

5327.  Every person involuntarily detained under provisions of this part or under certification for intensive treatment or postcertification treatment in any public or private mental institution or hospital, including a conservatee placed in any medical, psychiatric or nursing facility, shall be entitled to all rights set forth in this part and shall retain all rights not specifically denied him under this part.(Added by Stats. 1967, Ch. 1667.)
CA Welf & Inst Code § 5328.02 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5328.02.

5328.02.  Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to the Youth Authority and Adult Correctional Agency or any component thereof, as necessary to the administration of justice.(Added by Stats. 1980, Ch. 1117, Sec. 26.)
CA Welf & Inst Code § 5328.04 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5328.04.

5328.04.  (a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating health care services and medical treatment, as defined in subdivision (b) of Section 56.103 of the Civil Code, mental health services, or services for developmental disabilities, for the minor.(b) Information disclosed under subdivision (a) shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment, or mental health or developmental disability services, for the minor and only to a person who would otherwise be able to obtain the information under subdivision (a) or any other law.(c) Information disclosed pursuant to this section shall not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law.(d) Nothing in this section shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information, including notes, that has been given to him or her in confidence by the minor or members of the minor’s family.(e) The disclosure of information pursuant to this section is not intended to limit disclosure of information when that disclosure is otherwise required by law.(f) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to confidential information.(g) As used in this section, “minor” means a minor taken into temporary custody or for whom a petition has been filed with the court, or who has been adjudged a dependent child or ward of juvenile court pursuant to Section 300 or 601.(h) Information and records that may be disclosed pursuant to this section do not include psychotherapy notes, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations.(Amended by Stats. 2015, Ch. 535, Sec. 2. (SB 319) Effective January 1, 2016.)
CA Welf & Inst Code § 5328.05 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5328.05.

5328.05.  (a) Notwithstanding Section 5328, information and records may be disclosed when an older adult client, in the opinion of a designee of a human service agency serving older adults through an established multidisciplinary team, presents signs or symptoms of elder abuse or neglect, whether inflicted by another or self-inflicted, the agency designee to the multidisciplinary team may, with the older adult’s consent, obtain information from other county agencies regarding, and limited to, whether or not a client is receiving services from any other county agency.(b) The information obtained pursuant to subdivision (a) shall not include information regarding the nature of the treatment or services provided, and shall be shared among multidisciplinary team members for multidisciplinary team activities pursuant to this section.(c) The county agencies which may cooperate and share information under this section shall have staff designated as members of an established multidisciplinary team, and include, but not be limited to, the county departments of public social services, health, mental health, and alcohol and drug abuse, the public guardian, and the area agencies on aging.(d) The county patient’s rights advocate shall report any negative consequences of the implementation of this exception to confidentiality requirements to the local mental health director.(Added by Stats. 1990, Ch. 654, Sec. 1.)
CA Welf & Inst Code § 5328.06 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES|PART 1 - THE LANTERMAN-PETRIS-SHORT ACT|CHAPTER 2 - Involuntary Treatment|ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained|Section 5328.06.

5328.06.  (a) Notwithstanding Section 5328, information and records shall be disclosed to the protection and advocacy agency established in this state to fulfill the requirements and assurances of the federal Protection and Advocacy for the Mentally Ill Individuals Amendments Act of 1991, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of people with mental disabilities, including people with mental illness, as defined in Section 10802(4) of Title 42 of the United States Code.(b) Access to information and records to which subdivision (a) applies shall be in accord with Division 4.7 (commencing with Section 4900).(Amended by Stats. 2003, Ch. 878, Sec. 10. Effective January 1, 2004.)