ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained

Article 7 added by Stats. 1967, Ch. 1667.

§§ 5325–5337 · 47 sections

§ 5325 Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric…
§ 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…
§ 5325.2 Any person who is subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic…
§ 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…
§ 5325.4 (a) If a person is involuntarily detained for assessment, evaluation, or treatment under this part, the facility to which the person is brought shall offer and…
§ 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…
§ 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…
§ 5326.15 (a) Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall…
§ 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,…
§ 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…
§ 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…
§ 5326.5 (a) For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and…
§ 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.
§ 5326.6 Psychosurgery, wherever administered, may be performed only if: (a) The patient gives written informed consent to the psychosurgery. (b) A responsible relative…
§ 5326.7 Subject to the provisions of subdivision (f) of Section 5325, convulsive treatment may be administered to an involuntary patient, including anyone under…
§ 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…
§ 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…
§ 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…
§ 5326.9 (a) Any alleged or suspected violation of the rights described in Chapter 2 (commencing with Section 5150) shall be investigated by the local director of…
§ 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…
§ 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…
§ 5327 Every person involuntarily detained under provisions of this part or under certification for intensive treatment or postcertification treatment in any public…
§ 5328 (a) All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with…
§ 5328.01 Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to governmental…
§ 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…
§ 5328.03 (a) (1) Notwithstanding Section 5328 of this code, Section 3025 of the Family Code, or paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, a…
§ 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,…
§ 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…
§ 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…
§ 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…
§ 5328.15 All information and records obtained in the course of providing services under Division 5 (commencing with Section 5000), Division 6 (commencing with Section…
§ 5328.2 Notwithstanding Section 5328, movement and identification information and records regarding a patient who is committed to the department, state hospital, or…
§ 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…
§ 5328.4 The physician in charge of the patient, or the professional person in charge of the facility or his or her designee, when he or she has probable cause to…
§ 5328.5 Information and records described in Section 5328 may be disclosed in communications relating to the prevention, investigation, or treatment of elder abuse or…
§ 5328.6 When any disclosure of information or records is made as authorized by the provisions of Section 11878 or 11879 of the Health and Safety Code, subdivision (a)…
§ 5328.7 Signed consent forms by a patient for release of any information to which such patient is required to consent under the provisions of Sections 11878 or 11879…
§ 5328.8 (a) The State Department of State Hospitals, the physician in charge of the patient, or the professional person in charge of the facility or his or her…
§ 5328.9 If at such time as a patient’s hospital records are required by an employer to whom the patient has applied for employment, such records shall be forwarded to…
§ 5329 Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards…
§ 5330 (a) Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in…
§ 5331 No person may be presumed to be incompetent because he or she has been evaluated or treated for mental disorder or chronic alcoholism, regardless of whether…
§ 5332 (a) Antipsychotic medication, as defined in subdivision (l) of Section 5008, may be administered to any person subject to detention pursuant to Section 5150,…
§ 5333 (a) Persons subject to capacity hearings pursuant to Section 5332 shall have a right to representation by an advocate or legal counsel. “Advocate,” as used in…
§ 5334 (a) (1) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs…
§ 5336 (a) (1) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334 during the…
§ 5337 Notwithstanding Section 5257, nothing shall prohibit the filing of a petition for post certification pursuant to Article 6 (commencing with Section 5300) for…