AB 468, as introduced, Jones. Wards and conservatees: mental health.
Existing law generally prescribes the extent of the powers and duties of guardians and conservators and limits those powers by prohibiting the involuntary commitment of a ward or conservatee to a mental health treatment facility, except as specified. Existing law requires the Director of State Hospitals to adopt and issue regulations defining “mental health treatment facility” for those purposes.
This bill would delete the requirement that the director adopt and issue regulations defining “mental health treatment facility” for those purposes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2356 of the Probate Code is amended to
2read:
(a) begin deleteNo end deletebegin insertA end insertward or conservateebegin delete mayend deletebegin insert shall notend insert be placed
4in a mental health treatment facility under this division againstbegin delete theend delete
5begin insert his or herend insert willbegin delete of the ward or conservateeend delete. Involuntary
civil
6placement of a ward or conservatee in a mental health treatment
P2 1facility may be obtained only pursuant to Chapter 2 (commencing
2with Section 5150) or Chapter 3 (commencing with Section 5350)
3of Part 1 of Division 5 of the Welfare and Institutions Code.
4Nothing in this subdivision precludes the placing of a ward in a
5state hospital under Section 6000 of the Welfare and Institutions
6Code upon application of the guardian as provided in that section.begin delete7 The Director of State Hospitals shall adopt and issue regulations
8defining “mental health treatment facility”
for the purposes of this
9subdivision.end delete
10(b) begin deleteNo end deletebegin insertAn end insertexperimental drug as defined in Section 111515 of
11the Health and Safety Codebegin delete mayend deletebegin insert shall notend insert be prescribed for or
12administered to a ward or conservatee under this division.begin delete Such begin insert Anend insert experimental drug may be prescribed for or administered to
13anend delete
14a ward or conservatee only as provided in Article 4 (commencing
15with Section 111515)
of Chapter 6 of Part 5 of Division 104 of
16the Health and Safety Code.
17(c) begin deleteNo convulsive end deletebegin insertConvulsive end inserttreatment as defined in Section
185325 of the Welfare and Institutions Codebegin delete mayend deletebegin insert shall notend insert be
19performed on a ward or conservatee under this division. Convulsive
20treatment may be performed on a ward or conservatee only as
21provided in Article 7 (commencing with Section 5325) of Chapter
222 of Part 1 of Division 5 of the Welfare and Institutions Code.
23(d) begin deleteNo end deletebegin insertA
end insertminorbegin delete mayend deletebegin insert shall notend insert be sterilized under this division.
24(e) This chapter is subject to a valid and effective advance health
25care directive under the Health Care Decisions Law (Division 4.7
26(commencing with Section 4600)).
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