California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 2 - Patient's Entitlements and Responsibilities › Article 1 - Provisions of Health Care Services › Section 3999.204.3 - Procedures Following the Capacity Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Immediately
					 upon issuance of an order pursuant to Penal Code (PC), section
					 2604, by an Administrative Law Judge
					 (ALJ), the Medication Court Administrator shall transmit a copy of the order to the
					 Office of Legal Affairs, CDCR; the institution Chief Nursing Executive; Chief
					 Executive Officer (CEO); and Chief Medical Executive.
(b) Upon receipt of an order pursuant to PC,
					 section 2604, by an ALJ, the CEO of the
					 institution where the patient is located shall ensure that the following occurs:
(1) Within one day of receipt of the order, a
					 health care provider familiar with the case shall note in the health record the
					 results of the hearing and route the matter back to the Interdisciplinary Treatment
					 Team or the Primary Care Team, as applicable, to have the patient's treatment plan
					 updated to reflect both the ALJ ruling and plan for implementation of the
					 ruling.
(2) Within one day of receipt of
					 the order, ensure that the patient's health record, or medical chart if being cared
					 for at an outside facility, is updated to reflect the appointment of a surrogate
					 decisionmaker with the person's contact information, and ensure that health care
					 providers caring for the patient are aware that a surrogate decisionmaker has been
					 appointed.
(3) If a family member is
					 designated as a surrogate decisionmaker, a Registered Nurse (RN), Supervising
					 Registered Nurse (SRN) II, SRN III, health care provider, or designee shall be
					 assigned, within five business days of receipt of the order, to prepare a summary
					 limited to what is outlined in the petition as it pertains to treatment.
(A) This summary shall be completed within seven
					 business days of receipt of the order.
(B) The health care provider referenced in
					 subsection (b)(1) shall review the summary for accuracy and completeness before it
					 is to be disclosed to the appointed surrogate decisionmaker.
1. A written summary shall be provided to the
					 designated surrogate upon appointment. Upon request of the surrogate decisionmaker,
					 an updated summary shall be provided on a quarterly basis.
(C) The RN, SRN II, SRN III, or health care
					 provider assigned in subsection (b)(3) shall communicate the contents of the summary
					 with the designated surrogate decisionmaker within 14 calendar days following the
					 hearing.
1. Communication of the summary may
					 either be by phone or secure and encrypted electronic
					 mail.
(4) The
					 surrogate decisionmaker shall be provided the institution's release of information
					 phone number to be used to make inquiries about the patient.
(A) Health care providers shall have five business
					 days to respond to any inquiry from an appointed surrogate decisionmaker received
					 through the release of information phone line.
(5) If the patient requires emergent care for a
					 serious or life-threatening issue, the outside facility or institution shall attempt
					 to contact the appointed surrogate decisionmaker to obtain
					 consent.