reglab/statecodes huggingface dataset:
2023 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 6 - Postcertification Procedures for Imminently Dangerous Persons › Section 5305.

5305. (a) Any person committed pursuant to Section 5300 may be placed on outpatient status if all of the following conditions are satisfied:
(1) In the evaluation of the superintendent or professional person in charge of the licensed health facility, the person named in the petition will no longer be a danger to the health and safety of others while on outpatient status and will benefit from outpatient status.
(2) The county behavioral health director advises the court that the person named in the petition will benefit from outpatient status and identifies an appropriate program of supervision and treatment.
(b) After actual notice to the public officer, pursuant to Section 5114, and to counsel of the person named in the petition, to the court and to the county behavioral health director, the plan for outpatient treatment shall become effective within five judicial days unless a court hearing on that action is requested by any of the aforementioned parties, in which case the release on outpatient status shall not take effect until approved by the court after a hearing. This hearing shall be held within five judicial days of the actual notice required by this subdivision.
(c) The county behavioral health director shall be the outpatient supervisor of persons placed on outpatient status under this section. The county behavioral health director may delegate outpatient supervision responsibility to a designee.
(d) The outpatient treatment supervisor shall, when the person is placed on outpatient status at least three months, submit at 90-day intervals to the court, the public officer, pursuant to Section 5114, and counsel of the person named in the petition and to the supervisor or professional person in charge of the licensed health facility, when appropriate, a report setting forth the status and progress of the person named in the petition. Notwithstanding the length of the outpatient status, a final report shall be submitted by the outpatient treatment supervisor at the conclusion of the 180-day commitment setting forth the status and progress of the person.
(Amended by Stats. 2015, Ch. 455, Sec. 22. (SB 804) Effective January 1, 2016.)
2023 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 6 - Postcertification Procedures for Imminently Dangerous Persons › Section 5306.

5306. (a) Notwithstanding Section 5113, if the provisions of Section 5309 have been met, the superintendent, the professional person in charge of the hospital providing 90-day involuntary treatment, the medical director of the facility or his or her designee described in subdivision (a) of Section 5309, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released before the end of a 90-day period pursuant to this article.
(b) The superintendent, the professional person in charge of the hospital providing 90-day involuntary treatment, the medical director of the facility or his or her designee described in subdivision (a) of Section 5309, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released at the end of a 90-day period pursuant to this article.
(Amended by Stats. 1985, Ch. 1288, Sec. 11. Effective September 30, 1985.)
2023 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 6 - Postcertification Procedures for Imminently Dangerous Persons › Section 5306.5.

5306.5. (a)  If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person receiving treatment requires extended inpatient treatment or refuses to accept further outpatient treatment and supervision, the county behavioral health director shall notify the superior court in either the county that approved outpatient status or in the county where outpatient treatment is being provided of that opinion by means of a written request for revocation of outpatient status. The county behavioral health director shall furnish a copy of this request to the counsel of the person named in the request for revocation and to the public officer, pursuant to Section 5114, in both counties if the request is made in the county of treatment, rather than the county of commitment.
(b)  Within 15 judicial days, the court where the request was filed shall hold a hearing and shall either approve or disapprove the request for revocation of outpatient status. If the court approves the request for revocation, the court shall order that the person be confined in a state hospital or other treatment facility approved by the county behavioral health director. The court shall transmit a copy of its order to the county behavioral health director or a designee and to the Director of State Hospitals. When the county of treatment and the county of commitment differ and revocation occurs in the county of treatment, the court shall enter the name of the committing county and its case number on the order of revocation and shall send a copy of the order to the committing court and the public officer, pursuant to Section 5114, and counsel of the person named in the request for revocation in the county of commitment.
(Amended by Stats. 2015, Ch. 455, Sec. 23. (SB 804) Effective January 1, 2016.)
2023 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 6 - Postcertification Procedures for Imminently Dangerous Persons › Section 5307.

5307. If at any time during the outpatient period the public officer, pursuant to Section 5114, is of the opinion that the person is a danger to the health and safety of others while on outpatient status, the public officer, pursuant to Section 5114, may petition the court for a hearing to determine whether the person shall be continued on outpatient status. Upon receipt of the petition, the court shall calendar the case for further proceedings within 15 judicial days and the clerk shall notify the person, the county behavioral health director, and the attorney of record for the person of the hearing date. Upon failure of the person to appear as noticed, if a proper affidavit of service and advisement has been filed with the court, the court may issue a body attachment for that person. If, after a hearing in court the judge determines that the person is a danger to the health and safety of others, the court shall order that the person be confined in a state hospital or other treatment facility that has been approved by the county behavioral health director.
(Amended by Stats. 2015, Ch. 455, Sec. 24. (SB 804) Effective January 1, 2016.)
2023 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 6 - Postcertification Procedures for Imminently Dangerous Persons › Section 5308.

5308. Upon the filing of a request for revocation of outpatient status under Section 5306.5 or 5307 and pending the court’s decision on revocation, the person subject to revocation may be confined in a state hospital or other treatment facility by the county behavioral health director when it is the opinion of that director that the person will now be a danger to self or to another while on outpatient status and that to delay hospitalization until the revocation hearing would pose a demonstrated danger of harm to the person or to another. Upon the request of the county behavioral health director or a designee, a peace officer shall take, or cause to be taken, the person into custody and transport the person to a treatment facility for hospitalization under this section. The county behavioral health director shall notify the court in writing of the admission of the person to inpatient status and of the factual basis for the opinion that immediate return to inpatient treatment was necessary. The court shall supply a copy of these documents to the public officer, pursuant to Section 5114, and counsel of the person subject to revocation.
A person hospitalized under this section shall have the right to judicial review of the detention in the manner prescribed in Article 5 (commencing with Section 5275) of Chapter 2 and to an explanation of rights in the manner prescribed in Section 5252.1.
Nothing in this section shall prevent hospitalization pursuant to the provisions of Section 5150, 5250, 5350, or 5353.
A person whose confinement in a treatment facility under Section 5306.5 or 5307 is approved by the court shall not be released again to outpatient status unless court approval is obtained under Section 5305.
(Amended by Stats. 2015, Ch. 455, Sec. 25. (SB 804) Effective January 1, 2016.)
2023 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 6 - Postcertification Procedures for Imminently Dangerous Persons › Section 5309.

5309. (a) Nothing in this article shall prohibit the superintendent or professional person in charge of the hospital in which the person is being involuntarily treated from releasing him or her from treatment prior to the expiration of the commitment period when, the psychiatrist directly responsible for the person’s treatment believes, as a result of his or her personal observations, that the person being involuntarily treated no longer constitutes a demonstrated danger of substantial physical harm to others. If any other professional person who is authorized to release the person, believes the person should be released prior to the expiration of the commitment period, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released prior to the expiration of the commitment period only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person being involuntarily treated no longer constitutes a demonstrated danger of substantial physical harm to others.
(b) After actual notice to the public officer, pursuant to Section 5114, and to counsel of the person named in the petition, to the court, and to the county mental health director, the plan for unconditional release shall become effective within five judicial days unless a court hearing on that action is requested by any of the aforementioned parties, in which case the unconditional release shall not take effect until approved by the court after a hearing. This hearing shall be held within five judicial days of the actual notice required by this subdivision.
(Amended by Stats. 1985, Ch. 1288, Sec. 12. Effective September 30, 1985.)
2023 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 5325.1.

5325.1. Persons with mental illness have the same legal rights and responsibilities guaranteed all other persons by the Federal Constitution and laws and the Constitution and laws of the State of California, unless specifically limited by federal or state law or regulations. No otherwise qualified person by reason of having been involuntarily detained for evaluation or treatment under provisions of this part or having been admitted as a voluntary patient to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity, which receives public funds.
It is the intent of the legislature that persons with mental illness shall have rights including, but not limited to, the following:
(a) A right to treatment services which promote the potential of the person to function independently. Treatment should be provided in ways that are least restrictive of the personal liberty of the individual.
(b) A right to dignity, privacy, and humane care.
(c) A right to be free from harm, including unnecessary or excessive physical restraint, isolation, medication, abuse, or neglect. Medication shall not be used as punishment, for the convenience of staff, as a substitute for program, or in quantities that interfere with the treatment program.
(d) A right to prompt medical care and treatment.
(e) A right to religious freedom and practice.
(f) A right to participate in appropriate programs of publicly supported education.
(g) A right to social interaction and participation in community activities.
(h) A right to physical exercise and recreational opportunities.
(i) A right to be free from hazardous procedures.
(Added by Stats. 1978, Ch. 1320.)
2023 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 5325.2.

5325.2. Any person who is subject to detention pursuant to Section 5150, 5250, 5260, or 5270.15 shall have the right to refuse treatment with antipsychotic medication subject to provisions set forth in this chapter.
(Added by Stats. 1991, Ch. 681, Sec. 2.)
2023 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 5325.3.

5325.3. (a) For purposes of administering antipsychotic medications to a person admitted as a voluntary patient, as described in Section 850 of Title 9 of the California Code of Regulations, or any successor regulation, who consents to receiving those medications, as part of specialty mental health services covered under Medi-Cal or as part of community mental health services, a health facility, or a facility that has a community residential treatment program pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2, shall not be required to obtain the signature of that patient.
(b) For a patient described in subdivision (a), the facility shall maintain a written record containing both of the following:
(1) A notation that the information about informed consent to antipsychotic medications as described in subdivisions (a) to (f), inclusive, of Section 851 of Title 9 of the California Code of Regulations, or any successor regulations, has been discussed with the patient by the prescribing physician.
(2) A notation that the patient understands the nature and effect of the antipsychotic medications and consents to the administration of those medications.
(c) For purposes of this section, “health facility” has the same meaning as set forth in Section 1250 of the Health and Safety Code, except for subdivisions (c), (d), (e), (g), (h), (k), and (m) of that section.
(d) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. The notice or other similar instruction shall supersede Section 852 of Title 9 of the California Code of Regulations.
(2) The department may amend, adopt, or repeal regulations for purposes of implementing this section in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2022, Ch. 47, Sec. 58. (SB 184) Effective June 30, 2022.)
2023 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.

5326. The professional person in charge of the facility or state hospital or his or her designee may, for good cause, deny a person any of the rights under Section 5325, except under subdivisions (g) and (h) and the rights under subdivision (f) may be denied only under the conditions specified in Section 5326.7. To ensure that these rights are denied only for good cause, the Director of Health Care Services and Director of State Hospitals shall adopt regulations specifying the conditions under which they may be denied. Denial of a person’s rights shall in all cases be entered into the person’s treatment record.
(Amended by Stats. 2012, Ch. 34, Sec. 86. (SB 1009) Effective June 27, 2012.)
2023 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 5326.1.

5326.1. Quarterly, each local mental health director shall furnish to the Director of Health Care Services, the facility reports of the number of persons whose rights were denied and the right or rights which were denied. The content of the reports from facilities shall enable the local mental health director and Director of Health Care Services to identify individual treatment records, if necessary, for further analysis and investigation. These quarterly reports, except for the identity of the person whose rights are denied, shall be available, upon request, to Members of the State Legislature, or a member of a county board of supervisors.
Notwithstanding any other provision of law, information pertaining to denial of rights contained in the person’s treatment record shall be made available, on request, to the person, his or her attorney, his or her conservator or guardian, the local mental health director, or his or her designee, or the Patients’ Rights program of the State Department of Health Care Services. The information may include consent forms, required documentation for convulsive treatment, documentation regarding the use of restraints and seclusion, physician’s orders, nursing notes, and involuntary detention and conservatorship papers. The information, except for the identity of the person whose rights are denied, shall be made available to the Members of the State Legislature or a member of a county board of supervisors.
(Amended by Stats. 2012, Ch. 34, Sec. 87. (SB 1009) Effective June 27, 2012.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 5328.1.

5328.1. (a) Upon request of a member of the family of a patient, or other person designated by the patient, a public or private treatment facility shall give the family member or the designee notification of the patient’s diagnosis, the prognosis, the medications prescribed, the side effects of medications prescribed, if any, and the progress of the patient, if, after notification of the patient that this information is requested, the patient authorizes its disclosure. If, when initially informed of the request for notification, the patient is unable to authorize the release of such information, notation of the attempt shall be made into the patient’s treatment record, and daily efforts shall be made to secure the patient’s consent or refusal of authorization. However, if a request for information is made by the spouse, parent, child, or sibling of the patient and the patient is unable to authorize the release of such information, the requester shall be given notification of the patient’s presence in the facility, except to the extent prohibited by federal law.
(b) Upon the admission of any mental health patient to a 24-hour public or private health facility licensed pursuant to Section 1250 of the Health and Safety Code, the facility shall make reasonable attempts to notify the patient’s next of kin or any other person designated by the patient, of the patient’s admission, unless the patient requests that this information not be provided. The facility shall make reasonable attempts to notify the patient’s next of kin or any other person designated by the patient, of the patient’s release, transfer, serious illness, injury, or death only upon request of the family member, unless the patient requests that this information not be provided. The patient shall be advised by the facility that he or she has the right to request that this information not be provided.
(c) No public or private entity or public or private employee shall be liable for damages caused or alleged to be caused by the release of information or the omission to release information pursuant to this section.
Nothing in this section shall be construed to require photocopying of a patient’s medical records in order to satisfy its provisions.
(Amended by Stats. 1983, Ch. 1174, Sec. 2.)
2023 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 5328.2.

5328.2. Notwithstanding Section 5328, movement and identification information and records regarding a patient who is committed to the department, state hospital, or any other public or private mental health facility approved by the county behavioral health director for observation or for an indeterminate period as a mentally disordered sex offender, or for a person who is civilly committed as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6, or regarding a patient who is committed to the department, to a state hospital, or any other public or private mental health facility approved by the county behavioral health director under Section 1026 or 1370 of the Penal Code or receiving treatment pursuant to Section 5300 of this code, shall be forwarded immediately without prior request to the Department of Justice. Except as otherwise provided by law, information automatically reported under this section shall be restricted to name, address, fingerprints, date of admission, date of discharge, date of escape or return from escape, date of any home leave, parole or leave of absence and, if known, the county in which the person will reside upon release. The Department of Justice may in turn furnish information reported under this section pursuant to Section 11105 or 11105.1 of the Penal Code. It shall be a misdemeanor for recipients furnished with this information to in turn furnish the information to any person or agency other than those specified in Section 11105 or 11105.1 of the Penal Code.
(Amended by Stats. 2015, Ch. 455, Sec. 28. (SB 804) Effective January 1, 2016.)
2023 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 5328.3.

5328.3. (a) When a voluntary patient would otherwise be subject to the provisions of Section 5150 of this part and disclosure is necessary for the protection of the patient or others due to the patient’s disappearance from, without prior notice to, a designated facility and his or her whereabouts is unknown, notice of the disappearance may be made to relatives and governmental law enforcement agencies designated by the physician in charge of the patient or the professional person in charge of the facility or his or her designee.
(b) (1) When an involuntary patient is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, and the patient has disappeared from a designated facility, or is transferred between state hospitals, notice of the disappearance or transfer shall be made to the court initially ordering the patient’s commitment pursuant to Section 1370 of the Penal Code, the district attorney for the county that ordered the commitment, and governmental law enforcement agencies designated by the physician in charge of the patient or the professional person in charge of the facility or his or her designee. This notice shall be made within 24 hours of the patient’s disappearance or transfer from the facility.
(2) A designated facility shall not permit the release of an involuntary patient who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, without prior written authorization of the court pursuant to paragraph (2) of subdivision (d) of Section 5358. The court may approve the pending release without a hearing unless a party notified pursuant to subdivision (d) of Section 5358 objects to the pending release within 10 days after receiving notice. This paragraph does not apply to the transfer of persons between state hospitals.
(Amended by Stats. 1995, Ch. 593, Sec. 2. Effective January 1, 1996.)