Section 51001 - Individuals Determined to be Terminally Ill and Choosing to Exercise Rights Under the End of Life Option Act(a) For any adult residing in a developmental center or state-operated facility under the jurisdiction of the Department of Developmental Services, who has capacity to make medical decisions and who is diagnosed with a terminal disease, as those terms are defined in the End of Life Option Act, and who wishes to exercise his or her rights under the End of Life Option Act, the Department shall take the following actions: (1) For individuals residing at the Sonoma Developmental Center, the Fairview Developmental Center, the general treatment program of the Porterville Developmental Center or a state-operated facility under the jurisdiction of the Department, the Department and appropriate regional center shall make arrangements to transfer the individual to an appropriate community setting that will permit the individual to exercise his or her rights under the End of Life Option Act. The transfer shall be made only if it is medically feasible, and the transfer may be delayed until the individual is ready to ingest the aid-in-dying drug if the individual wishes to remain at the developmental center or state-operated facility until that time. The placement and transfer shall comply with the requirements of the Lanterman Developmental Disabilities Services Act, its implementing regulations, and the developmental center's or state-operated facility's existing policies and procedures. The transfer shall be as soon as possible consistent with the individual's desires and medical status, but in no instance later than 30 days from the final request date needed in order for the person to exercise his or her rights under the End of Life Option Act. The transfer made pursuant to this subdivision shall be a provisional placement from the developmental center or state-operated facility, and the individual has a right of return to the developmental center or state-operated facility if he or she decides not to ingest aid-in-dying drugs after being transferred to the community setting.(2) For individuals committed to a Department facility pursuant to Penal Code section 1370.1 for competency evaluation, the Department shall file a notice to the committing court, and serve the notice on the district attorney, counsel for the defendant, and the regional center that the defendant seeks to exercise his or her rights under the End of Life Option Act. The notice shall be filed and served no later than seven days from the final request date needed in order for the person to exercise his or her rights under the End of Life Option Act. The Department shall secure a prompt hearing following the filing of the notice to the committing court, and serve notice of the hearing on the district attorney, counsel for the defendant, and the regional center. The regional center shall identify for the court a community setting, if any, that will allow the defendant to exercise his or her rights under the End of Life Option Act, so that the court may take any action it deems appropriate in the case.(3) For individuals committed or transferred to a Department facility pursuant to Welfare and Institutions Code section 6500 et seq., the Department shall file a notice to the committing court, and serve the notice on the district attorney, counsel for the individual, and regional center that the person seeks to exercise his or her rights under the End of Life Option Act. The notice shall be filed and served no later than seven days from the final request date needed in order for the person to exercise his or her rights under the End of Life Option Act. Within 30 days of service of the notice, the individual's regional center shall identify an appropriate community setting, if any, that will allow the individual to exercise his or her rights under the Act. Within seven days of the regional center's identification of the community setting, the Department shall issue the notice specified in Welfare and Institution Code section 6509, subdivision (d), of the Department's intent to transfer the individual to the community setting identified by the regional center. Pursuant to Welfare and Institutions Code sections 6500 and 6502, any interested person may move the court to terminate a commitment made pursuant to Welfare and Institutions Code section 6500 et seq. for any person identified as having a terminal condition.Cal. Code Regs. Tit. 17, § 51001
1. New section filed 7-25-2016 as an emergency; operative 7-25-2016 (Register 2016, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-24-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-24-2017 order, including amendment of section heading and section, transmitted to OAL 4-3-2017 and filed 5-10-2017; amendments operative 5-10-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19). Note: Authority cited: Sections 4441 and 4449, Welfare and Institutions Code. Reference: Sections 443.1, 443.2, 443.3, 443.4, 443.14 and 443.15, Health and Safety Code; Section 1370.1, Penal Code; and Sections 4440, 4484, 4485, 4486, 6500, 6509 and 7505, Welfare and Institutions Code.
1. New section filed 7-25-2016 as an emergency; operative 7/25/2016 (Register 2016, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-24-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-24-2017 order, including amendment of section heading and section, transmitted to OAL 4-3-2017 and filed 5-10-2017; amendments operative 5-10-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).