Section 3999.204.3 - Procedures Following the Capacity Hearing(a) Immediately upon issuance of an order pursuant to Penal Code (PC), section 2604, by an Administrative Law Judge (ALJ), the Medication Court Administrator shall transmit a copy of the order to the Office of Legal Affairs, CDCR; the institution Chief Nursing Executive; Chief Executive Officer (CEO); and Chief Medical Executive.(b) Upon receipt of an order pursuant to PC, section 2604, by an ALJ, the CEO of the institution where the patient is located shall ensure that the following occurs: (1) Within one day of receipt of the order, a health care provider familiar with the case shall note in the health record the results of the hearing and route the matter back to the Interdisciplinary Treatment Team or the Primary Care Team, as applicable, to have the patient's treatment plan updated to reflect both the ALJ ruling and plan for implementation of the ruling.(2) Within one day of receipt of the order, ensure that the patient's health record, or medical chart if being cared for at an outside facility, is updated to reflect the appointment of a surrogate decisionmaker with the person's contact information, and ensure that health care providers caring for the patient are aware that a surrogate decisionmaker has been appointed.(3) If a family member is designated as a surrogate decisionmaker, a Registered Nurse (RN), Supervising Registered Nurse (SRN) II, SRN III, health care provider, or designee shall be assigned, within five business days of receipt of the order, to prepare a summary limited to what is outlined in the petition as it pertains to treatment. (A) This summary shall be completed within seven business days of receipt of the order.(B) The health care provider referenced in subsection (b)(1) shall review the summary for accuracy and completeness before it is to be disclosed to the appointed surrogate decisionmaker. 1. A written summary shall be provided to the designated surrogate upon appointment. Upon request of the surrogate decisionmaker, an updated summary shall be provided on a quarterly basis.(C) The RN, SRN II, SRN III, or health care provider assigned in subsection (b)(3) shall communicate the contents of the summary with the designated surrogate decisionmaker within 14 calendar days following the hearing. 1. Communication of the summary may either be by phone or secure and encrypted electronic mail.(4) The surrogate decisionmaker shall be provided the institution's release of information phone number to be used to make inquiries about the patient. (A) Health care providers shall have five business days to respond to any inquiry from an appointed surrogate decisionmaker received through the release of information phone line.(5) If the patient requires emergent care for a serious or life-threatening issue, the outside facility or institution shall attempt to contact the appointed surrogate decisionmaker to obtain consent.(c) Pursuant to a valid ALJ order under PC, section 2604, and 45 Code of Federal Regulations, section 164.512(e), the outside facility or institution shall timely disclose relevant protected health information of the patient to the appointed surrogate decisionmaker where that information is directly relevant to the patient's care and needed to allow the appointed surrogate decisionmaker to give or withhold informed consent on behalf of the patient.(d) If an appointed surrogate decisionmaker gives notice that they can no longer serve, becomes incapacitated and thus unable to serve, or if there is any indication that the appointed surrogate decisionmaker is not appropriately fulfilling their duties, fails to respond to communications from the outside facility or institution, or cannot be reached, the Department shall then communicate with the alternate surrogate decisionmaker. (1) If the alternate appointed surrogate decisionmaker gives notice that they can no longer serve, becomes incapacitated and thus unable to serve, or if there is any indication that the alternate appointed surrogate decisionmaker is not appropriately fulfilling their duties or fails to respond to communications from the outside facility or institution, or cannot be reached, the Department shall then place the case back on the Office of Administrative Hearings' calendar within 45 calendar days of receiving such information and seek appointment of a substitute and alternate surrogate decisionmaker.(e) Nothing in this section creates an entitlement or exception in favor of a surrogate decisionmaker to circumvent an institution's standard security screening, visitation procedures, and protocols.(f) If a patient's health condition materially declines, or if additional factors develop that were not originally pleaded, the Department may file a motion to modify the original petition to include the new information.Cal. Code Regs. Tit. 15, § 3999.204.3
1. New section 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.
1. New section filed 3-1-2021; operative 3/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 10).