California Welfare and Institutions Code ARTICLE 7 - Legal and Civil Rights of Persons Involuntarily Detained

Section 5325.
Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric evaluation or...
Section 5325.1.
Persons with mental illness have the same legal rights and responsibilities guaranteed all other persons by the Federal Constitution and laws and the Constitution and...
Section 5325.2.
Any person who is subject to detention pursuant to Section 5150, 5250, 5260, or 5270.15 shall have the right to refuse treatment with antipsychotic medication...
Section 5326.
The professional person in charge of the facility or state hospital or his or her designee may, for good cause, deny a person any of...
Section 5326.1.
Quarterly, each local mental health director shall furnish to the Director of Health Care Services, the facility reports of the number of persons whose rights...
Section 5326.15.
(a) Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall transmit a copy to...
Section 5326.2.
To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner:(a) The reason for treatment, that is,...
Section 5326.3.
The State Department of Health Care Services and State Department of State Hospitals shall promulgate a standard written consent form, setting forth clearly and in...
Section 5326.4.
The treating physician shall then present to the patient the supplemented form specified under Section 5326.3 and orally, clearly, and in detail explain all of...
Section 5326.5.
(a) For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and explicitly manifests consent to...
Section 5326.55.
Persons who serve on review committees shall not otherwise be personally involved in the treatment of the patient whose case they are reviewing.(Added by Stats....
Section 5326.6.
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...
Section 5326.7.
Subject to the provisions of subdivision (f) of Section 5325, convulsive treatment may be administered to an involuntary patient, including anyone under guardianship or conservatorship,...
Section 5326.75.
Convulsive treatment for all other patients including but not limited to those voluntarily admitted to a facility, or receiving the treatment in a physician’s office,...
Section 5326.8.
Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally...
Section 5326.85.
No convulsive treatment shall be performed if the patient, whether admitted to the facility as a voluntary or involuntary patient, is deemed to be able...
Section 5326.9.
(a) Any alleged or suspected violation of the rights described in Chapter 2 (commencing with Section 5150) shall be investigated by the local director of mental...
Section 5326.91.
In any facility in which convulsive treatment is performed on a person whether admitted to the facility as an involuntary or voluntary patient, the facility...
Section 5326.95.
The Director of State Hospitals shall adopt regulations to carry out the provisions of this chapter, including standards defining excessive use of convulsive treatment, which...
Section 5327.
Every person involuntarily detained under provisions of this part or under certification for intensive treatment or postcertification treatment in any public or private mental institution...
Section 5328.
(a) All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division...
Section 5328.01.
Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to governmental law enforcement agencies...
Section 5328.02.
Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to the Youth Authority and...
Section 5328.03.
(a) (1) Notwithstanding Section 5328 of this code, Section 3025 of the Family Code, or paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code,...
Section 5328.04.
(a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer, a foster care...
Section 5328.05.
(a) Notwithstanding Section 5328, information and records may be disclosed when an older adult client, in the opinion of a designee of a human service agency...
Section 5328.06.
(a) Notwithstanding Section 5328, information and records shall be disclosed to the protection and advocacy agency established in this state to fulfill the requirements and assurances...
Section 5328.1.
(a) Upon request of a member of the family of a patient, or other person designated by the patient, a public or private treatment facility shall...
Section 5328.15.
All information and records obtained in the course of providing services under Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or...
Section 5328.2.
Notwithstanding Section 5328, movement and identification information and records regarding a patient who is committed to the department, state hospital, or any other public or...
Section 5328.3.
(a) When a voluntary patient would otherwise be subject to the provisions of Section 5150 of this part and disclosure is necessary for the protection of...
Section 5328.4.
The physician in charge of the patient, or the professional person in charge of the facility or his or her designee, when he or she...
Section 5328.5.
Information and records described in Section 5328 may be disclosed in communications relating to the prevention, investigation, or treatment of elder abuse or dependent adult...
Section 5328.6.
When any disclosure of information or records is made as authorized by the provisions of Section 11878 or 11879 of the Health and Safety Code,...
Section 5328.7.
Signed consent forms by a patient for release of any information to which such patient is required to consent under the provisions of Sections 11878...
Section 5328.8.
(a) The State Department of State Hospitals, the physician in charge of the patient, or the professional person in charge of the facility or his or...
Section 5328.9.
If at such time as a patient’s hospital records are required by an employer to whom the patient has applied for employment, such records shall...
Section 5329.
Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards set...
Section 5330.
(a) Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in violation...
Section 5331.
No person may be presumed to be incompetent because he or she has been evaluated or treated for mental disorder or chronic alcoholism, regardless of...
Section 5332.
(a) Antipsychotic medication, as defined in subdivision (l) of Section 5008, may be administered to any person subject to detention pursuant to Section 5150, 5250, 5260,...
Section 5333.
(a) Persons subject to capacity hearings pursuant to Section 5332 shall have a right to representation by an advocate or legal counsel. “Advocate,” as used in...
Section 5334.
(a) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs...
Section 5336.
Any determination of a person’s incapacity to refuse treatment with antipsychotic medication made pursuant to Section 5334 shall remain in effect only for the duration...
Section 5337.
Notwithstanding Section 5257, nothing shall prohibit the filing of a petition for post certification pursuant to Article 6 (commencing with Section 5300) for persons who...

Last modified: October 22, 2018