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 6 - Health Care Directives
Section 3999.240 - Advance Directive

Universal Citation: 15 CA Code of Regs 3999.240

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) California Department of Corrections and Rehabilitation (CDCR) shall promote the utilization of advance directives to determine patients' health care preferences, including, but not limited to treatment decisions regarding medications, surgeries, and life support treatments.

(b) Patients may request a CDCR 7421, Advance Directive for Health Care, at any time.

(c) Patients shall be given an opportunity to complete or revise the CDCR 7421 during admission to a CDCR health care setting including Correctional Treatment Center, Outpatient Housing Unit, Skilled Nursing Facility, hospice, or an outside medical facility.

(d) A patient may orally designate an agent or legally recognized decision-maker to make health care decisions by personally informing the supervising health care staff.

(1) This appointment is only effective during the course of treatment, illness, stay in the health care facility, or for 60 calendar days, whichever period is shorter.

(2) An oral designation of an agent or legally recognized decision-maker supersedes a previous written directive, including a designated agent or legally recognized decision-maker.

(e) The agent or legally recognized decision-maker is not authorized to consent on behalf of the patient to any of the following:

(1) Abortion.

(2) Sterilization.

(3) Psychosurgery (as defined in the Welfare and Institutions Code section 5325).

(4) Convulsive treatment (as defined in the Welfare and Institutions Code section 5325).

(5) Commitment to or placement in a mental health treatment facility.

(f) Patients may amend or revoke any aspect of the CDCR 7421 at any time either orally or in writing.

(1) If amendments are made, the patient shall complete a new CDCR 7421 as soon as practicable.

(g) A copy of the CDCR 7421 shall accompany the patient when transported to an outside hospital for emergency care or admission or transfer to other health care facilities.

1. New article 6 (sections 3999.240-3999.241) and section filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 6 (sections 3999.240-3999.241) and section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. New article 6 (sections 3999.240-3999.241) and section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL 6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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