California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 1 - Department of Mental Health
Chapter 16 - State Hospital Operations
Article 6 - End of Life Option Act
Section 4601 - Petitions to the Superior Court and Access to the End of Life Option Act
Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) A terminally ill patient, as defined by the End of Life Option Act, may petition the superior court of the county of commitment for access to participate in activities under the End of Life Option Act by requesting release from the custody and care of the Department of State Hospitals from the court. If the superior court orders release from the custody of the Department of State Hospitals, the Department of State Hospitals shall release the patient to the ordered entity or person.
(b) If the superior court does not release a patient, the terminally ill patient may petition the court to determine if the patient is a qualified individual, as defined by the End of Life Option Act, to participate in the activities under the End of Life Option Act.
(c) If, following a petition under subdivision (b), a court orders that the patient meets the qualifications under the End of Life Option Act, and that the Department of State Hospitals shall facilitate the patient's access to participate in activities under the End of Life Option Act, the Department of State Hospitals will facilitate the patient's access to an off-site facility that allows the patient the ability to participate in activities under the End of Life Option Act. The Department of State Hospitals will facilitate the necessary transportation to and from the off-site facility and ensure that the patient has access to his or her off-site physician, who has primary responsibility for the patient's participation in activities under the End of Life Option Act under Health and Safety Code section 443.1 subdivision (c). The Department of State Hospitals will provide the off-site facility and physician with the patient's necessary medical records.
1. New
section filed 6-27-2016 as an emergency; operative 6-27-2016 (Register 2016,
No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-2016
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section
11346.1(g)
(Register 2017, No. 6).
3. New section filed 2-13-2017; operative
4-1-2017 (Register 2017, No. 7).
Note: Authority cited: Sections 4005.1, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 443, 443.1, 443.2 and 443.15, Health and Safety Code; and Code of Federal Regulations, title 45, sections 164.502 and 164.504.
