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Effective Jan 1, 2024Added by Stats. 2023, Ch. 171, Sec. 2. (AB 1029) Effective January 1, 2024.
(a)
- (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance directive.
- (2) As used in this chapter, “psychiatric advance directive” means a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisions and in accordance with the requirements for an advance health care directive in this division, that allows a person with mental illness to protect their autonomy and ability to direct their own care by documenting their preferences for treatment in advance of a mental health crisis.
- (b) It is the intent of the Legislature to promote the use of a psychiatric advance directive, subject to the requirements of this division, by a person who wants to make sure their health care providers know their treatment preferences in the event of a future mental health crisis.
(c) The Legislature finds and declares all of the following:
- (1) Research has demonstrated that the use of psychiatric advance directives improves collaboration, which improves outcomes, increases empowerment, and improves medication adherence.
- (2) A psychiatric advance directive is most helpful when it includes reasons for preferring or opposing specific types of treatment.
- (3) Mental health preferences that do not constitute health care instructions or decisions as defined in this part may provide valuable information to improve an individual’s mental health care.