(a) Revocation or termination of Capacity Determination Orders shall issue on request by the filing of a verified request to revoke or terminate a Capacity Determination Order.
- (1) Reasons to revoke or terminate a Capacity Determination Order include that the patient has regained capacity for informed consent, that a specified medical condition has abated, or that the patient has been released from the custody of the Department.
- (2) The treating health care provider shall document reasons for revocation or termination of a Capacity Determination Order on a CDCR 7706, Notice of Revocation or Termination of Penal Code 2604 Order.
- (3) The treating health care provider may recommend the revocation or termination of Capacity Determination Order take effect immediately or upon the natural expiration of the existing order.
- (4) If the Administrative Law Judge issues a revocation or termination order, Office of Legal Affairs, CDCR, shall notify the appointed designated surrogate decisionmaker in writing with a copy of the order.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2604 and 5054, Penal Code.
History
1. New section filed 3-1-2021; operative 3-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 10).