Cal. Code Regs. Tit. 15, § 3999.210 - Refusal of Treatment

(a) Health care treatment may be given without the patient's consent when an emergency exists. An emergency exists when there is a sudden, marked change in a patient's condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others, and it is impracticable to first obtain consent.

(b) A patient may accept or decline any or all portions of a recommended dental treatment plan. The patient's decision is reversible at any time and shall not prejudice future treatments. Refusals shall be documented for inclusion in the patient's health record.

(c) When a patient has a valid advance health care directive or a valid executed Physicians Orders for Life Sustaining Treatment (POLST), health care staff shall act in accordance with the provisions of the advance health care directive, or POLST, as provided by law.

(d) Each institution shall establish procedures to implement the provisions of the Health Care Decisions Law, codified in the Probate Code at Division 4.7, section 4600 et seq.

(e) Health care treatment, including medication, shall not be forced over the objections of a mentally competent patient; the guardian of a mentally incompetent patient; or a responsible relative of a minor patient, except in an emergency, or as required to complete the examination or tests for tuberculosis infection, or to implement the treatment for tuberculosis disease, or unless the provisions of Probate Code sections 3200 et seq. or the procedures set forth in Penal Code section 2602 are followed.

Notes

Cal. Code Regs. Tit. 15, § 3999.210

1. Change without regulatory effect adopting article 2 (section 3999.210) and renumbering and amending former section 3351 to new section 3999.210 filed 8-6-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 32).

Note: Authority cited: Sections 2602 and 5058, Penal Code. Reference: Sections 2600, 2602, 5054 and 7570 et seq., Penal Code; Sections 3200 et seq., Probate Code; Thor v. Superior Court (Andrews) (1993) 21 Cal. Rptr.2d 357; and Sections 4600 and 4781.2, Probate Code.

1. Change without regulatory effect adopting article 2 (section 3999.210) and renumbering and amending former section 3351 to new section 3999.210 filed 8-6-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 32).