California Welfare and Institutions Code

§ 5336

WIC § 5336 Effective Jan 1, 2025Div. 5 · Part 1 · Ch. 2 · Art. 7

Statute text

(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 detention period described in Section 5150 or 5250 shall remain in effect for the duration of the detention period described in Section 5150, and for the duration of the detention period described in Section 5250, or for the duration of both periods together.

(2)Unless otherwise specified, and except as applied to Sections 5150 and 5250, a treating physician may request a hearing for a new determination of a person’s capacity to refuse treatment with antipsychotic medication, to be made pursuant to Section 5334, at any time in the 48 hours prior to the end of the duration of the current detention period when it reasonably appears to the treating physician that it is necessary for the person to be detained for a subsequent detention period and the person’s capacity has not been restored according to standards developed pursuant to subdivision (c) of Section 5332.

(3)A determination that a person does not have the capacity to refuse treatment with antipsychotic medication pursuant to this section remains in effect until one of the following occurs, whichever occurs first in time:

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Legislative history

Amended by Stats. 2024, Ch. 643, Sec. 4. (SB 1184) Effective January 1, 2025.