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 3999.203 - Capacity for Informed Consent
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If a patient lacks capacity and an issue or issues arise that would require the patient's informed consent, the procedures set forth in section 3999.204 shall be followed.
(b) If a surrogate decisionmaker has been lawfully appointed to act on behalf of a patient, the outside facility or institution caring for the patient shall accept the surrogate decisionmaker's informed consent or informed refusal. The Department shall seek to appoint a surrogate decisionmaker pursuant to this section for a patient who lacks capacity except in the case of a medical emergency.
1. Change
without regulatory effect renumbering and amending former section
3353.1 to new section 3999.203
filed 8-6-2018 pursuant to section
100, title 1, California Code of
Regulations (Register 2018, No. 32).
2. Repealer and new section and
amendment of NOTE filed 3-1-2021; operative 3-1-2021 pursuant to Government
Code section
11343.4(b)(3)
(Register 2021, No. 10).
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2604 and 5054, Penal Code.
