SECTIONS 4800-4806 - California Statutes

PROBATE CODE

SECTION 4800-4806

4800. (a) The Secretary of State shall establish a registry system
through which a person who has executed a written advance health care
directive may register in a central information center, information
regarding the advance directive, making that information available
upon request to any health care provider, the public guardian, or the
legal representative of the registrant. A request for information
pursuant to this section shall state the need for the information.
(b) The Secretary of State shall respond by the close of business
on the next business day to a request for information made pursuant
to Section 4717 by the emergency department of a general acute care
hospital.
(c) Information that may be received is limited to the registrant'
s name, social security number, driver's license number, or other
individual identifying number established by law, if any, address,
date and place of birth, the registrant's advance health care
directive, an intended place of deposit or safekeeping of a written
advance health care directive, and the name and telephone number of
the agent and any alternative agent. Information that may be released
upon request may not include the registrant's social security number
except when necessary to verify the identity of the registrant.
(d) When the Secretary of State receives information from a
registrant, the secretary shall issue the registrant an Advance
Health Care Directive Registry identification card indicating that an
advance health care directive, or information regarding an advance
health care directive, has been deposited with the registry. Costs
associated with issuance of the card shall be offset by the fee
charged by the Secretary of State to receive and register information
at the registry.
(e) The Secretary of State, at the request of the registrant or
his or her legal representative, shall transmit the information
received regarding the written advance health care directive to the
registry system of another jurisdiction as identified by the
registrant, or his or her legal representative.
(f) The Secretary of State shall charge a fee to each registrant
in an amount such that, when all fees charged to registrants are
aggregated, the aggregated fees do not exceed the actual cost of
establishing and maintaining the registry.

4801. The Secretary of State shall establish procedures to verify
the identities of health care providers, the public guardian, and
other authorized persons requesting information pursuant to Section
4800. No fee shall be charged to any health care provider, the public
guardian, or other authorized person requesting information pursuant
to Section 4800.

4802. The Secretary of State shall establish procedures to advise
each registrant of the following:
(a) A health care provider may not honor a written advance health
care directive until it receives a copy from the registrant.
(b) Each registrant must notify the registry upon revocation of
the advance directive.
(c) Each registrant must reregister upon execution of a subsequent
advance directive.

4803. Failure to register with the Secretary of State does not
affect the validity of any advance health care directive.

4804. Registration with the Secretary of State does not affect the
ability of the registrant to revoke the registrant's advance health
care directive or a later executed advance directive, nor does
registration raise any presumption of validity or superiority among
any competing advance directives or revocations.

4805. Nothing in this part shall be construed to affect the duty of
a health care provider to provide information to a patient regarding
advance health care directives pursuant to any provision of federal
law.

4806. (a) The Secretary of State shall work with the State
Department of Health Services and the office of the Attorney General
to develop information about end of life care, advance health care
directives, and registration of the advance health care directives at
the registry established pursuant to subdivision (a) of Section
4800. This information shall be developed utilizing existing
information developed by the office of the Attorney General.
(b) Links to the information specified in subdivision (a) and to
the registry shall be available on the Web sites of the Secretary of
State, the State Department of Health Services, the office of the
Attorney General, the Department of Managed Health Care, the
Department of Insurance, the Board of Registered Nursing, and the
Medical Board of California.