Section 3999.204.6 - Renewal Petitions for Capacity Determination(a) Before the expiration of an order determining capacity, a licensed health care provider shall conduct an in-person interview with the patient to determine whether a renewal petition is required. When it is not possible to conduct the interview in person, the use of videoconferencing or teleconferencing is acceptable.(b) Renewal proceedings to determine capacity to give informed consent and make a health care decision shall be legibly documented and noticed by the CDCR 7701 and CDCR 7703, Renewal Petition for Capacity Determination.(c) The CDCR 7701 and CDCR 7703 shall be completed and submitted pursuant to section 3999.204.(d) If there is internal disagreement about the patient's capacity, the matter shall be referred to the Health Care Ethics Committee to determine how to proceed.(1) If the surrogate decisionmaker is a family member, the Office of Legal Affairs, CDCR (OLA) shall send a copy of the CDCR 7705 to the surrogate decisionmaker to update the surrogate's background information if the Health Care Ethics Committee decides to file the CDCR 7703.(2) If the Health Care Ethics Committee decides not to renew the petition, the surrogate decisionmaker shall be notified in writing by OLA of the revocation or termination.Cal. Code Regs. Tit. 15, § 3999.204.6
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).