DIVISION 4.7. HEALTH CARE DECISIONS [4600. - 4806.]
Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39.
§§ 4600–4806 · 113 sections
PART 1. DEFINITIONS AND GENERAL §§ 4600–4665 · 34 sections
CHAPTER 1. Short Title and Definitions §§ 4600–4643 · 22 sections
- § 4600 This division may be cited as the Health Care Decisions Law.
- § 4603 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 4605 “Advance health care directive” or “advance directive” means either an individual health care instruction or a power of attorney for health care.
- § 4607 (a) “Agent” means an individual designated in a power of attorney for health care to make a health care decision for the principal, regardless of whether the…
- § 4609 “Capacity” means a person’s ability to understand the nature and consequences of a decision and to make and communicate a decision, and includes in the case of…
- § 4611 “Community care facility” means a “community care facility” as defined in Section 1502 of the Health and Safety Code.
- § 4613 “Conservator” means a court-appointed conservator having authority to make a health care decision for a patient.
- § 4615 “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental health condition.
- § 4617 (a) “Health care decision” means a decision made by a patient or the patient’s agent, conservator, or surrogate, regarding the patient’s health care, including…
- § 4619 “Health care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in…
- § 4621 “Health care provider” means an individual licensed, certified, or otherwise authorized or permitted by the law of this state to provide health care in the…
- § 4623 “Individual health care instruction” or “individual instruction” means a patient’s written or oral direction concerning a health care decision for the patient.
- § 4625 “Patient” means an adult whose health care is under consideration, and includes a principal under a power of attorney for health care and an adult who has…
- § 4627 “Physician” means a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California.
- § 4629 “Power of attorney for health care” means a written instrument designating an agent to make health care decisions for the principal.
- § 4631 “Primary physician” means a physician designated by a patient or the patient’s agent, conservator, or surrogate, to have primary responsibility for the…
- § 4633 “Principal” means an adult who executes a power of attorney for health care.
- § 4635 “Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the…
- § 4637 “Residential care facility for the elderly” means a “residential care facility for the elderly” as defined in Section 1569.2 of the Health and Safety Code.
- § 4639 “Skilled nursing facility” means a “skilled nursing facility” as defined in Section 1250 of the Health and Safety Code.
- § 4641 “Supervising health care provider” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the…
- § 4643 “Surrogate” means an adult, other than a patient’s agent or conservator, authorized under this division to make a health care decision for the patient.
CHAPTER 2. General Provisions §§ 4650–4660 · 11 sections
- § 4650 The Legislature finds the following: (a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that an adult has the…
- § 4651 (a) Except as otherwise provided, this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves. (b)…
- § 4652 This division does not authorize consent to any of the following on behalf of a patient: (a) Commitment to or placement in a mental health treatment facility.…
- § 4653 Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia. This division is not intended to…
- § 4654 This division does not authorize or require a health care provider or health care institution to provide health care contrary to generally accepted health care…
- § 4655 (a) This division does not create a presumption concerning the intention of a patient who has not made or who has revoked an advance health care directive. (b)…
- § 4656 Death resulting from withholding or withdrawing health care in accordance with this division does not for any purpose constitute a suicide or homicide or…
- § 4657 A patient is presumed to have the capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a…
- § 4658 Unless otherwise specified in a written advance health care directive, for the purposes of this division, a determination that a patient lacks or has recovered…
- § 4659 (a) Except as provided in subdivision (b), none of the following persons may make health care decisions as an agent under a power of attorney for health care…
- § 4660 A copy of a written advance health care directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as…
CHAPTER 3. Transitional Provisions § 4665 · 1 section
- § 4665 Except as otherwise provided by statute: (a) On and after July 1, 2000, this division applies to all advance health care directives, including, but not limited…
PART 2. UNIFORM HEALTH CARE DECISIONS ACT §§ 4670–4743 · 45 sections
CHAPTER 1. Advance Health Care Directives §§ 4670–4698 · 26 sections
ARTICLE 1. General Provisions §§ 4670–4679 · 10 sections
- § 4670 An adult having capacity may give an individual health care instruction. The individual instruction may be oral or written. The individual instruction may be…
- § 4671 (a) An adult having capacity may execute a power of attorney for health care, as provided in Article 2 (commencing with Section 4680). The power of attorney…
- § 4672 (a) A written advance health care directive may include the individual’s nomination of a conservator of the person or estate or both, or a guardian of the…
- § 4673 (a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied: (1) The advance directive contains the…
- § 4674 If the written advance health care directive is signed by witnesses, as provided in Section 4673, the following requirements shall be satisfied: (a) The…
- § 4675 (a) If an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance directive is not…
- § 4676 (a) A written advance health care directive or similar instrument executed in another state or jurisdiction in compliance with the laws of that state or…
- § 4677 A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan…
- § 4678 Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the…
- § 4679 (a) (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance directive. (2) As used in this chapter, “psychiatric advance…
ARTICLE 2. Powers of Attorney for Health Care §§ 4680–4691 · 12 sections
- § 4680 A power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673.
- § 4681 (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of…
- § 4682 Unless otherwise provided in a power of attorney for health care, the authority of an agent becomes effective only on a determination that the principal lacks…
- § 4683 Subject to any limitations in the power of attorney for health care: (a) An agent designated in the power of attorney may make health care decisions for the…
- § 4684 An agent shall make a health care decision in accordance with the principal’s individual health care instructions, if any, and other wishes to the extent known…
- § 4685 Unless the power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care provider to be…
- § 4686 Unless the power of attorney for health care provides a time of termination, the authority of the agent is exercisable notwithstanding any lapse of time since…
- § 4687 Nothing in this division affects any right the person designated as an agent under a power of attorney for health care may have, apart from the power of…
- § 4688 Where this division does not provide a rule governing agents under powers of attorney, the law of agency applies.
- § 4689 Nothing in this division authorizes an agent under a power of attorney for health care to make a health care decision if the principal objects to the decision.…
- § 4690 (a) If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal, the agent may consult with…
- § 4691 If directed by the principal in a power of attorney for health care, an attorney-in-fact shall, upon the death of the principal, inform those individuals whose…
ARTICLE 3. Revocation of Advance Directives §§ 4695–4698 · 4 sections
- § 4695 (a) A patient having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.…
- § 4696 A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advance health care directive shall promptly communicate the…
- § 4697 (a) If after executing a power of attorney for health care the principal’s marriage to the agent is dissolved or annulled, the principal’s designation of the…
- § 4698 An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.
CHAPTER 2. Advance Health Care Directive Forms §§ 4700–4701 · 2 sections
- § 4700 The form provided in Section 4701 may, but need not, be used to create an advance health care directive. The other sections of this division govern the effect…
- § 4701 The statutory advance health care directive form is as follows: ADVANCE HEALTH CARE DIRECTIVE (California Probate Code Section 4701) Explanation You have the…
CHAPTER 3. Health Care Surrogates §§ 4711–4717 · 6 sections
- § 4711 (a) A patient may designate an adult as a surrogate to make health care decisions by personally informing the supervising health care provider or a designee of…
- § 4712 (a) If a patient lacks the capacity to make a health care decision, the following legally recognized health care decisionmakers may make health care decisions…
- § 4714 A surrogate, including a person acting as a surrogate, shall make a health care decision in accordance with the patient’s individual health care instructions,…
- § 4715 A patient having capacity at any time may disqualify another person, including a member of the patient’s family, from acting as the patient’s surrogate by a…
- § 4716 (a) If a patient lacks the capacity to make a health care decision, the patient’s domestic partner shall have the same authority as a spouse has to make a…
- § 4717 (a) Notwithstanding any other provision of law, within 24 hours of the arrival in the emergency department of a general acute care hospital of a patient who is…
CHAPTER 4. Duties of Health Care Providers §§ 4730–4736 · 7 sections
- § 4730 Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the…
- § 4731 (a) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a…
- § 4732 A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists affecting an…
- § 4733 Except as provided in Sections 4734 and 4735, a health care provider or health care institution providing care to a patient shall do the following: (a) Comply…
- § 4734 (a) A health care provider may decline to comply with an individual health care instruction or health care decision for reasons of conscience. (b) A health…
- § 4735 A health care provider or health care institution may decline to comply with an individual health care instruction or health care decision that requires…
- § 4736 A health care provider or health care institution that declines to comply with an individual health care instruction or health care decision shall do all of…
CHAPTER 5. Immunities and Liabilities §§ 4740–4743 · 4 sections
- § 4740 A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health…
- § 4741 A person acting as agent or surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care…
- § 4742 (a) A health care provider or health care institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of…
- § 4743 Any person who alters or forges a written advance health care directive of another, or willfully conceals or withholds personal knowledge of a revocation of an…
PART 3. JUDICIAL PROCEEDINGS §§ 4750–4771 · 17 sections
CHAPTER 1. General Provisions §§ 4750–4755 · 6 sections
- § 4750 Subject to this division: (a) An advance health care directive is effective and exercisable free of judicial intervention. (b) A health care decision made by…
- § 4751 The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
- § 4752 Except as provided in Section 4753, this part is not subject to limitation in an advance health care directive.
- § 4753 (a) Subject to subdivision (b), an advance health care directive may expressly eliminate the authority of a person listed in Section 4765 to petition the court…
- § 4754 There is no right to a jury trial in proceedings under this division.
- § 4755 Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
CHAPTER 2. Jurisdiction and Venue §§ 4760–4763 · 4 sections
- § 4760 (a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceedings under this division is a court of general jurisdiction…
- § 4761 The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
- § 4762 Without limiting Section 4761, a person who acts as an agent under a power of attorney for health care or as a surrogate under this division is subject to…
- § 4763 The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which the…
CHAPTER 3. Petitions and Orders §§ 4765–4771 · 7 sections
- § 4765 Subject to Section 4753, a petition may be filed under this part by any of the following persons: (a) The patient. (b) The patient’s spouse, unless legally…
- § 4766 A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether or not the patient has capacity to make health…
- § 4767 A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the…
- § 4768 The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the patient and shall…
- § 4769 (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing,…
- § 4770 The court in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the patient until the disposition of the…
- § 4771 In a proceeding under this part commenced by the filing of a petition by a person other than the agent or surrogate, the court may in its discretion award…
PART 4. REQUEST REGARDING RESUSCITATIVE MEASURES §§ 4780–4786 · 10 sections
- § 4780 (a) As used in this part: (1) “Request regarding resuscitative measures” means a written document, signed by (A) an individual with capacity, or a legally…
- § 4781 As used in this part, “health care provider” includes, but is not limited to, the following: (a) Persons described in Section 4621. (b) Emergency response…
- § 4781.2 (a) A health care provider shall treat an individual in accordance with a Physician Orders for Life Sustaining Treatment form. (b) Subdivision (a) does not…
- § 4781.4 If the orders in an individual’s request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined in…
- § 4781.5 The legally recognized health care decisionmaker shall make health care decisions pursuant to this part in accordance with Sections 4684 and 4714.
- § 4782 A health care provider who honors a request regarding resuscitative measures is not subject to criminal prosecution, civil liability, discipline for…
- § 4783 (a) Forms for requests regarding resuscitative measures printed after January 1, 1995, shall contain the following: “By signing this form, the legally…
- § 4784 In the absence of knowledge to the contrary, a health care provider may presume that a request regarding resuscitative measures is valid and unrevoked.
- § 4785 This part applies regardless of whether the individual executing a request regarding resuscitative measures is within or outside a hospital or other health…
- § 4786 This part does not repeal or narrow laws relating to health care decisionmaking.
PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY §§ 4800–4806 · 7 sections
- § 4800 (a) The Secretary of State shall establish a registry system through which a person who has executed a written advance health care directive may register in a…
- § 4801 The Secretary of State shall establish procedures to verify the identities of health care providers, the public guardian, and other authorized persons…
- § 4802 The Secretary of State shall establish procedures to advise each registrant of the following: (a) A health care provider may not honor a written advance health…
- § 4803 Failure to register with the Secretary of State does not affect the validity of any advance health care directive.
- § 4804 Registration with the Secretary of State does not affect the ability of the registrant to revoke the registrant’s advance health care directive or a later…
- § 4805 Nothing in this part shall be construed to affect the duty of a health care provider to provide information to a patient regarding advance health care…
- § 4806 (a) The Secretary of State shall work with the State Department of Health Services and the office of the Attorney General to develop information about end of…