BILL NUMBER: SB 751	CHAPTERED  09/24/01

	CHAPTER  329
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2001
	PASSED THE SENATE  SEPTEMBER 6, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2001
	AMENDED IN ASSEMBLY  JULY 19, 2001

INTRODUCED BY   Senator Speier
   (Coauthor:  Assembly Member Liu)

                        FEBRUARY 23, 2001

   An act to add Section 4716 to the Probate Code, relating to health
facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 751, Speier.  Hospitals:  surrogate decisionmakers.
   Existing law provides for the designation by a patient of a
surrogate to make certain health care decisions in accordance with
the patient's individual health care instructions, or other wishes.
   This bill would provide that, except under specified
circumstances, within 24 hours of the arrival in the emergency
department of a general acute care hospital of a patient who is
unconscious or otherwise incapable of communication, the hospital
shall make reasonable efforts to contact the patient's agent,
surrogate, or a family member or other person the hospital reasonably
believes has the authority to make health care decisions on behalf
of the patient.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4716 is added to the Probate Code, to read:
   4716.  (a) Notwithstanding any other provision of law, within 24
hours of the arrival in the emergency department of a general acute
care hospital of a patient who is unconscious or otherwise incapable
of communication, the hospital shall make reasonable efforts to
contact the patient's agent, surrogate, or a family member or other
person the hospital reasonably believes has the authority to make
health care decisions on behalf of the patient.  A hospital shall be
deemed to have made reasonable efforts, and to have discharged its
duty under this section, if it does both of the following:
   (1) Examines the personal effects, if any, accompanying the
patient and any medical records regarding the patient in its
possession, and reviews any verbal or written report made by
emergency medical technicians or the police, to identify the name of
any agent, surrogate, or a family member or other person the hospital
reasonably believes has the authority to make health care decisions
on behalf of the patient.
   (2) Contacts or attempts to contact any agent, surrogate, or a
family member or other person the hospital reasonably believes has
the authority to make health care decisions on behalf of the patient,
as identified in paragraph (1).
   (b) The hospital shall document in the patient's medical record
all efforts made to contact any agent, surrogate, or a family member
or other person the hospital reasonably believes has the authority to
make health care decisions on behalf of the patient.
   (c) Application of this section shall be suspended during any
period in which the hospital implements its disaster and mass
casualty program, or its fire and internal disaster program.