California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 10 - End of Life Option Act › Article 1 - General › Section 51001 - Individuals Determined to be Terminally Ill and Choosing to Exercise Rights Under the End of Life Option Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For any adult residing in a developmental
					 center or state-operated facility under the jurisdiction of the Department of
					 Developmental Services, who has capacity to make medical decisions and who is
					 diagnosed with a terminal disease, as those terms are defined in the End of
					 Life Option Act, and who wishes to exercise his or her rights under the End of
					 Life Option Act, the Department shall take the following actions:
(1) For individuals residing at the Sonoma
					 Developmental Center, the Fairview Developmental Center, the general treatment
					 program of the Porterville Developmental Center or a state-operated facility
					 under the jurisdiction of the Department, the Department and appropriate
					 regional center shall make arrangements to transfer the individual to an
					 appropriate community setting that will permit the individual to exercise his
					 or her rights under the End of Life Option Act. The transfer shall be made only
					 if it is medically feasible, and the transfer may be delayed until the
					 individual is ready to ingest the aid-in-dying drug if the individual wishes to
					 remain at the developmental center or state-operated facility until that time.
					 The placement and transfer shall comply with the requirements of the Lanterman
					 Developmental Disabilities Services Act, its implementing regulations, and the
					 developmental center's or state-operated facility's existing policies and
					 procedures. The transfer shall be as soon as possible consistent with the
					 individual's desires and medical status, but in no instance later than 30 days
					 from the final request date needed in order for the person to exercise his or
					 her rights under the End of Life Option Act. The transfer made pursuant to this
					 subdivision shall be a provisional placement from the developmental center or
					 state-operated facility, and the individual has a right of return to the
					 developmental center or state-operated facility if he or she decides not to
					 ingest aid-in-dying drugs after being transferred to the community
					 setting.
(2) For individuals
					 committed to a Department facility pursuant to Penal Code section
					 1370.1 for
					 competency evaluation, the Department shall file a notice to the committing
					 court, and serve the notice on the district attorney, counsel for the
					 defendant, and the regional center that the defendant seeks to exercise his or
					 her rights under the End of Life Option Act. The notice shall be filed and
					 served no later than seven days from the final request date needed in order for
					 the person to exercise his or her rights under the End of Life Option Act. The
					 Department shall secure a prompt hearing following the filing of the notice to
					 the committing court, and serve notice of the hearing on the district attorney,
					 counsel for the defendant, and the regional center. The regional center shall
					 identify for the court a community setting, if any, that will allow the
					 defendant to exercise his or her rights under the End of Life Option Act, so
					 that the court may take any action it deems appropriate in the case.
(3) For individuals committed or transferred
					 to a Department facility pursuant to Welfare and Institutions Code section
					 6500
					 et seq., the Department shall file a notice to the committing court, and serve
					 the notice on the district attorney, counsel for the individual, and regional
					 center that the person seeks to exercise his or her rights under the End of
					 Life Option Act. The notice shall be filed and served no later than seven days
					 from the final request date needed in order for the person to exercise his or
					 her rights under the End of Life Option Act. Within 30 days of service of the
					 notice, the individual's regional center shall identify an appropriate
					 community setting, if any, that will allow the individual to exercise his or
					 her rights under the Act. Within seven days of the regional center's
					 identification of the community setting, the Department shall issue the notice
					 specified in Welfare and Institution Code section
					 6509, subdivision (d), of the
					 Department's intent to transfer the individual to the community setting
					 identified by the regional center. Pursuant to Welfare and Institutions Code
					 sections
					 6500
					 and
					 6502,
					 any interested person may move the court to terminate a commitment made
					 pursuant to Welfare and Institutions Code section
					 6500
					 et seq. for any person identified as having a terminal
					 condition.