PART 1. DEFINITIONS AND GENERAL [4600. - 4665.]

Part 1 added by Stats. 1999, Ch. 658, Sec. 39.

§§ 4600–4665 · 34 sections

1. 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.
2. 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…
3. 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…