Cal. Code Regs. Tit. 9, § 4020.1 - Update Evaluations

(a) The Department of State Hospitals shall perform necessary update evaluations pursuant to Welfare and Institutions Code section 6603, subdivision (c)(1), on the original evaluations.

(1) If an updated evaluation performed under subdivision (a) results in a difference of opinion, the department shall appoint two independent professionals to each complete an evaluation.

(2) When update evaluations of the original evaluations are requested by the petitioner after a petition is filed, pursuant to Welfare and Institutions Code section 6603, subdivision (c)(1), and an independent evaluation has previously been conducted to address a difference of opinion post-petition pursuant to subdivision (a)(1), the independent evaluations under subdivision (a)(1) and the original evaluations may be updated.

(b) Any time the Department of State Hospitals determines that an evaluation report contains an error, or when the Department of State Hospitals obtains or produces additional pertinent information, it shall authorize the currently assigned evaluators to prepare an addendum.

(c) The Department of State Hospitals shall have the sole authority to designate evaluators for update evaluations and replacement evaluations for the petitioner.

(1) Only an evaluator designated by the Department of State Hospitals may testify on behalf of the Department of State Hospitals.

(2) The Department of State Hospitals shall replace an evaluator in accordance with Welfare and Institutions Code section 6603, subdivision (c)(2).

(d) Only an evaluator designated by the Department of State Hospitals shall have access to a Department of State Hospitals patient's records for the purposes of conducting an update or replacement evaluation absent a court order.

(e) An evaluator who is no longer available to testify for the petitioner in court proceedings pursuant to Welfare and Institutions Code section 6603, subdivision (c)(2), may not be designated by the Department of State Hospitals to perform an update evaluation.

(f) If an evaluator who is no longer available to testify for the petitioner in court proceedings pursuant to Welfare and Institutions Code section 6603, subdivision (c)(2), is called by a party to testify at trial, costs for the testimony shall be paid by the party calling the evaluator to testify.

Notes

Cal. Code Regs. Tit. 9, § 4020.1

1. New section filed 8-17-2017 as an emergency; operative 8-17-2017 (Register 2017, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-13-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-12-2018 as an emergency; operative 2-14-2018 (Register 2018, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-15-2018 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-8-2018 as an emergency; operative 5-16-2018 (Register 2018, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-14-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-2017 order, including new subsection (a)(1), subsection renumbering and amendment of newly designated subsection (a)(2), transmitted to OAL 7-10-2018 and filed 8-20-2018; amendments operative 8-20-2018 pursuant to Government Code section 11343.4(b) (Register 2018, No. 34).

Note: Authority cited: Sections 4005.1, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 6601, 6603, 6604 and 6605, Welfare and Institutions Code.

1. New section filed 8-17-2017 as an emergency; operative 8-17-2017 (Register 2017, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-13-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-12-2018 as an emergency; operative 2-14-2018 (Register 2018, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-15-2018 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-8-2018 as an emergency; operative 5-16-2018 (Register 2018, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-14-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-2017 order, including new subsection (a)(1), subsection renumbering and amendment of newly designated subsection (a)(2), transmitted to OAL 7-10-2018 and filed 8-20-2018; amendments operative 8/20/2018 pursuant to Government Code section 11343.4(b) (Register 2018, No. 34).