1. (a) A terminally ill patient, as defined by the End of Life Option Act, may petition the superior court of the county of commitment for access to participate in activities under the End of Life Option Act by requesting release from the custody and care of the Department of State Hospitals from the court. If the superior court orders release from the custody of the Department of State Hospitals, the Department of State Hospitals shall release the patient to the ordered entity or person.

2. (b) If the superior court does not release a patient, the terminally ill patient may petition the court to determine if the patient is a qualified individual, as defined by the End of Life Option Act, to participate in the activities under the End of Life Option Act.

   1. (1) The court shall use the criteria in Health and Safety Code sections 443.1 subdivision (o) and 443.2 subdivisions (a) and (b) in determining whether the patient is a qualified individual.

      1. (A) If the court determines that a patient meets the criteria under Health and Safety Code section 443.2 subdivision (a), with the exception of Health and Safety Code section 443.2 subdivision (a)(4), the court may order the Department of State Hospitals to proceed pursuant subdivision (c).

3. (c) If, following a petition under subdivision (b), a court orders that the patient meets the qualifications under the End of Life Option Act, and that the Department of State Hospitals shall facilitate the patient's access to participate in activities under the End of Life Option Act, the Department of State Hospitals will facilitate the patient's access to an off-site facility that allows the patient the ability to participate in activities under the End of Life Option Act. The Department of State Hospitals will facilitate the necessary transportation to and from the off-site facility and ensure that the patient has access to his or her off-site physician, who has primary responsibility for the patient's participation in activities under the End of Life Option Act under Health and Safety Code section 443.1 subdivision (c). The Department of State Hospitals will provide the off-site facility and physician with the patient's necessary medical records.

   1. (1) If the court orders that the patient meets the qualifications under the End of Life Option Act, and the Department of State Hospitals is unable to find an off-site facility for the patient to participate in activities under the End of Life Option Act, the Department of State Hospitals will facilitate the patient's ability to participate in activities under the End of Life Option Act on-site. The Department of State Hospitals will contract with off-site medical healthcare professionals in order to facilitate the patient's participation in activities under the End of Life Option Act on-site in a safe and secure location. The patient's ability to participate in activities under the End of Life Option Act on-site shall not contradict Department of State Hospital policy regarding the safety and security of the facilities.

Note: Authority cited: Sections 4005.1, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 443, 443.1, 443.2 and 443.15, Health and Safety Code; and Code of Federal Regulations, title 45, sections 164.502 and 164.504.

History

1. New section filed 6-27-2016 as an emergency; operative 6-27-2016 (Register 2016, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-2016 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 2017, No. 6).

3. New section filed 2-13-2017; operative 4-1-2017 (Register 2017, No. 7).