Psychosurgery, wherever administered, may be performed only if:
(a) The patient gives written informed consent to the psychosurgery.
(b) A responsible relative of the person’s choosing and with the person’s consent, and the guardian or conservator if there is one, has read the standard consent form as defined in Section 5326.4 and has been given by the treating physician the information required in Section 5326.2. Should the person desire not to inform a relative or should such chosen relative be unavailable this requirement is dispensed with.
(c) The attending physician gives adequate documentation entered in the patient’s treatment record of the reasons for the procedure, that all other appropriate treatment modalities have been exhausted and that this mode of treatment is definitely indicated and is the least drastic alternative available for the treatment of the patient at the time. Such statement in the treatment record shall be signed by the attending and treatment physician or physicians.
(d) Three physicians, one appointed by the facility and two appointed by the local mental health director, two of whom shall be either board-certified or eligible psychiatrists or board-certified or eligible neurosurgeons, have personally examined the patient and unanimously agree with the attending physicians’ determinations pursuant to subdivision (c) and agree that the patient has the capacity to give informed consent. Such agreement shall be documented in the patient’s treatment record and signed by each such physician.
Psychosurgery shall in no case be performed for at least 72 hours following the patient’s written consent. Under no circumstances shall psychosurgery be performed on a minor.
As used in this section and Sections 5326.4 and 5326.7 “responsible relative” includes the spouse, parent, adult child, or adult brother or sister of the person.
The giving of consent to any of the treatments covered by this chapter may not be construed as a waiver of the right to refuse treatment at a future time. Consent may be withdrawn at any time. Such withdrawal of consent may be either oral or written and shall be given effect immediately.
Refusal of consent to undergo a psychosurgery shall be entered in the patient’s treatment record.
(Added by Stats. 1976, Ch. 1109.)
Last modified: October 25, 2018