§ 5326.2. — 5326.2. (Amended by Stats. 2024, Ch. 948, Sec. 14.)

California § 5326.2.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 5.: DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES
• Part 1.: PART 1. THE LANTERMAN-PETRIS-SHORT ACT
• Ch. 2.: CHAPTER 2. Involuntary Treatment
• Art. 7.: ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained

Text

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, the nature and seriousness of the patient’s illness, disorder, or condition.
(b)
The nature of the procedures to be used in the proposed treatment, including its probable frequency and duration.
(c)
The probable degree and duration (temporary or permanent) of improvement or remission, expected with or without such treatment.
(d)
The nature, degree, duration, and the probability of the side effects and significant risks, commonly known by the medical profession, of such treatment, including its adjuvants, especially noting the degree and duration of memory loss (including its irreversibility) and how and to what extent they may be controlled, if at all.
(e)
That there exists a division of opinion as to the efficacy of the proposed treatment, why and how it works and its commonly known risks and side effects.
(f)
The reasonable alternative treatments, and why the physician is recommending this particular treatment.
(g)
That the patient has the right to accept or refuse the proposed
treatment, and that if the patient consents, the patient has the right to revoke their consent for any reason, at any time prior to or between treatments.

Legislative History

Amended by Stats. 2024, Ch. 948, Sec. 14. (AB 2119) Effective January 1, 2025.