California Penal Code

§ 2604

PEN § 2604 Effective Jan 1, 2020Title 1 · Part 3 · Ch. 3 · Art. 1

Statute text

(a)Except as provided in subdivision (b), an adult housed in state prison is presumed to have the capacity to give informed consent and make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate. This presumption is a presumption affecting the burden of proof.

(b)(1) Except as provided in Section 2602, a licensed physician or dentist may file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient’s capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if all of the following conditions are satisfied:

(A)The licensed physician or dentist is treating a patient who is an adult housed in state prison.

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Legislative history

Amended by Stats. 2019, Ch. 256, Sec. 12. (SB 781) Effective January 1, 2020.