Cal. Code Regs. Tit. 9, § 30602 - Consent for Medical or Dental Treatment

(a) Consent shall be obtained for all medical or dental treatment. Treatment and procedures which are complex, as identified by the physician or dentist, and psychotropic medication require informed consent. Informed consent is defined as consent which is obtained without duress or coercion and which clearly and explicitly manifests consent to the proposed medication, treatment or procedure in writing.

(b) A ward 18 years of age or older, or a ward who has emancipated minor status, who is competent to make an informed decision, may give his or her own consent for medical or dental treatment.

(c) A ward 18 years of age or older or a ward who has emancipated minor status, who is not competent to give informed consent, is a ward, who in the professional opinion of a physician or psychiatrist, is considered incompetent to refuse psychiatric treatment or psychotropic medication, or lacks the capacity to refuse medical or dental treatment, or medication. This includes a ward who lacks the ability to knowingly and intelligently act upon the medical information provided.

(d) For a ward under 18 years of age, who legally cannot give informed consent, medical or dental treatment shall be given as follows:

(1) Primary care treatment may be approved by the superintendent in the event that a parent or guardian cannot be located.

(2) Complex treatment, as identified by the physician or dentist, or psychotropic medication for wards under 18 require informed consent from a parent or guardian.

Notes

Cal. Code Regs. Tit. 9, § 30602

1. Change without regulatory effect renumbering title 15, section 4733 to title 9, section 30602 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.