SECTIONS 4730-4736 - California Statutes

PROBATE CODE

SECTION 4730-4736

4730. Before implementing a health care decision made for a
patient, a supervising health care provider, if possible, shall
promptly communicate to the patient the decision made and the
identity of the person making the decision.

4731. (a) A supervising health care provider who knows of the
existence of an advance health care directive, a revocation of an
advance health care directive, or a designation or disqualification
of a surrogate, shall promptly record its existence in the patient's
health care record and, if it is in writing, shall request a copy. If
a copy is furnished, the supervising health care provider shall
arrange for its maintenance in the patient's health care record.
(b) A supervising health care provider who knows of a revocation
of a power of attorney for health care or a disqualification of a
surrogate shall make a reasonable effort to notify the agent or
surrogate of the revocation or disqualification.

4732. A primary physician who makes or is informed of a
determination that a patient lacks or has recovered capacity, or that
another condition exists affecting an individual health care
instruction or the authority of an agent, conservator of the person,
or surrogate, shall promptly record the determination in the patient'
s health care record and communicate the determination to the
patient, if possible, and to a person then authorized to make health
care decisions for the patient.

4733. Except as provided in Sections 4734 and 4735, a health care
provider or health care institution providing care to a patient shall
do the following:
(a) Comply with an individual health care instruction of the
patient and with a reasonable interpretation of that instruction made
by a person then authorized to make health care decisions for the
patient.
(b) Comply with a health care decision for the patient made by a
person then authorized to make health care decisions for the patient
to the same extent as if the decision had been made by the patient
while having capacity.

4734. (a) A health care provider may decline to comply with an
individual health care instruction or health care decision for
reasons of conscience.
(b) A health care institution may decline to comply with an
individual health care instruction or health care decision if the
instruction or decision is contrary to a policy of the institution
that is expressly based on reasons of conscience and if the policy
was timely communicated to the patient or to a person then authorized
to make health care decisions for the patient.

4735. A health care provider or health care institution may decline
to comply with an individual health care instruction or health care
decision that requires medically ineffective health care or health
care contrary to generally accepted health care standards applicable
to the health care provider or institution.

4736. A health care provider or health care institution that
declines to comply with an individual health care instruction or
health care decision shall do all of the following:
(a) Promptly so inform the patient, if possible, and any person
then authorized to make health care decisions for the patient.
(b) Unless the patient or person then authorized to make health
care decisions for the patient refuses assistance, immediately make
all reasonable efforts to assist in the transfer of the patient to
another health care provider or institution that is willing to comply
with the instruction or decision.
(c) Provide continuing care to the patient until a transfer can be
accomplished or until it appears that a transfer cannot be
accomplished. In all cases, appropriate pain relief and other
palliative care shall be continued.