Section 5336 - [Effective 1/1/2025] Duration of determination of incapacity to refuse treatment with antipsychotic medication(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: (A) In the judgment of the person's treating physician, the person's capacity has been restored or the person no longer meets the criteria for involuntary detention, according to standards developed pursuant to subdivision (c) of Section 5332.(B) The court or hearing officer determines that the person's capacity to refuse treatment with antipsychotic medication is restored.(C) The time limit for the detention period described in Section 5150, Section 5250, or for the detention period of both periods together, expires.(b)(1) Under exigent circumstances, an order for treatment with antipsychotic medication made pursuant to Section 5332 shall remain in effect at the beginning of a detention period described in Section 5260, 5270.15, or 5270.70, provided that a petition for a new determination on the question of capacity has been filed pursuant to Section 5334, and shall remain in effect until a hearing on that petition for that detention period is held under the exigent circumstances described by this subdivision and a decision is issued as set forth in Section 5334.(2) Upon receipt of a petition for a hearing to determine a person's capacity to refuse treatment with antipsychotic medication and attestation of exigent circumstances being documented in the person's medical record pursuant to this subdivision, a hearing shall be held on an expedited basis to determine the person's capacity to refuse treatment with antipsychotic medication as soon as reasonably practicable and within 24 hours.(3) In any case where an attestation of exigent circumstances is documented in the person's medical record pursuant to this subdivision and an order for treatment with antipsychotic medication made pursuant to Section 5332 remains in effect, the facility where the person is receiving treatment shall report all of the following to the county behavioral health director in the county in which they operate, in a form and manner and in accordance with timelines prescribed by the county behavioral health director: (A) The date and time when the physician or facility originally filed a petition with the superior court to request a hearing to determine a person's capacity to refuse treatment with antipsychotic medication under this section.(B) The date when the applicable detention period described in paragraph (1) was scheduled to expire prior to the attestation described in subparagraph (C) of paragraph (6) being documented in the person's medical record.(C) The date and time when the attestation of exigent circumstances was documented in the person's medical record, as described in subparagraph (C) of paragraph (6).(D) The reason for the delay of the originally requested capacity hearing, if known, including, but not limited to, the lack of timely scheduling of the hearing, the unavailability of a hearing officer, the unavailability of an attorney or patients' rights advocate to represent the person subject to the petition, court closure, the unavailability of remote hearing technology, the unavailability of the person subject to the petition, or the unavailability of facility staff to present the reasons for the petition.(E) The date and time when the capacity hearing was held on an expedited basis.(4)(A) County behavioral health directors shall provide the information specified in paragraph (3) to the State Department of Health Care Services.(B) Each May 1, beginning May 1, 2026, the State Department of Health Care Services shall compile the information it receives from county behavioral health directors pursuant to this paragraph during the prior calendar year, as well as information about the county where the facility that submitted the information is located, and report the information pursuant to the requirements of Section 5402.(5) This subdivision does not apply to a person whose capacity has been restored according to standards developed pursuant to subdivision (c) of Section 5332 or affect the requirement that a hearing be conducted to determine a person's capacity to refuse treatment with antipsychotic medication within the applicable time limits specified in subdivision (a) of Section 5334, other than to require that such a hearing is held on an expedited basis.(6) In order for there to be exigent circumstances necessitating an expedited hearing pursuant to this subdivision, all of the following must be true: (A) A petition for a new determination on the question of capacity pursuant to Section 5334 has been filed prior to the expiration of the current order and in a period of time that provides a reasonable opportunity for a hearing to be held prior to the expiration of the current order and at least eight hours prior to the order's expiration.(B) There has been a delay in a hearing to determine a person's capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334, creating a risk that the existing capacity determination may expire before a new capacity determination is made.(C) The person's treating physician documents in a written attestation of exigent circumstances, which shall be maintained in the person's medical record, that one of the following would likely occur if there were a lapse in the person's treatment with antipsychotic medication: (i) An emergency, as defined in subdivision (m) of Section 5008.(ii) A serious deterioration or decompensation of the person's mental health condition that could result in significant harm to the person based upon the facts of the person's individual circumstances, which the treating physician documents in their written attestation of exigent circumstances.(D) The extension of treatment with antipsychotic medication until a new capacity hearing is held on the basis of an attestation of exigent circumstances described in this subdivision shall be invoked for a person only one time during the applicable detention period covered by the existing capacity determination.(7) This subdivision shall be inoperative on January 1, 2030.Ca. Welf. and Inst. Code § 5336
Amended by Stats 2024 ch 643 (SB 1184),s 4, eff. 1/1/2025.Added by Stats. 1991, Ch. 681, Sec. 6.This section is set out more than once due to postponed, multiple, or conflicting amendments.