SECTIONS 2670-2680

2670.  It is hereby recognized and declared that all persons,including all persons involuntarily confined, have a fundamentalright against enforced interference with their thought processes,states of mind, and patterns of mentation through the use of organictherapies; that this fundamental right requires that no person withthe capacity for informed consent who refuses organic therapy shallbe compelled to undergo such therapy; and that in order to justifythe use of organic therapy upon a person who lacks the capacity forinformed consent, other than psychosurgery as referred to insubdivision (c) of Section 2670.5 which is not to be administered tosuch persons, the state shall establish that the organic therapywould be beneficial to the person, that there is a compellinginterest in administering such therapy, and that there are no lessonerous alternatives to such therapy.2670.5.  (a) No person confined or detained under Title 1(commencing with Section 2000) and Title 2 (commencing with Section3200) shall be administered or subjected to any organic therapy asdefined in subdivision (c) without his or her informed consent,provided that: (1) If the person gives his or her informed consent to organictherapy, it shall be administered only if there has been compliancewith Sections 2675 to 2680, inclusive. (2) If the person lacks the capacity for informed consent toorganic therapy other than psychosurgery as referred to insubdivision (c), in order to proceed with the therapy, the wardenshall secure an order from the superior court to authorize theadministration of the therapy in accordance with Sections 2675 to2680, inclusive. (b) No person confined or detained under Title 1 (commencing withSection 2000) or Title 2 (commencing with Section 3200) who lacks thecapacity for informed consent shall be administered or subjected topsychosurgery as referred to in subdivision (c). (c) The term organic therapy refers to: (1) Psychosurgery, including lobotomy, stereotactic surgery,electronic, chemical or other destruction of brain tissues, orimplantation of electrodes into brain tissue. (2) Shock therapy, including, but not limited to, any convulsivetherapy and insulin shock treatments. (3) The use of any drugs, electric shocks, electronic stimulationof the brain, or infliction of physical pain when used as an aversiveor reinforcing stimulus in a program of aversive, classical, oroperant conditioning. (d) A person does not waive his or her right to refuse any organictherapy by having previously given his or her informed consent tothe therapy, and the person may withdraw his or her consent at anytime. If required by sound medical-psychiatric practice, the attendingphysician shall, after the person withdraws his or her previouslygiven informed consent, gradually phase the person out of the therapyif sudden cessation would create a serious risk of mental orphysical harm to the person. (e) Nothing in this article shall be construed to prevent theattending physician from administering nonorganic therapies such aspsychotherapy, psychoanalysis, group therapy, milieu therapy, orother therapies or programs involving communication or interactionamong physicians, patients, and others, with or without the use ofdrugs when used for purposes other than described in paragraph (3) ofsubdivision (c). (f) Nothing in this article shall be construed to prevent theadministration of drugs not connected with a program of conditioningand intended to cause negative physical reactions to ingestion ofalcohol or drugs.2671.  (a) Notwithstanding Section 2670.5, if a confined person hasinflicted or attempted to inflict substantial physical harm upon theperson of another or himself, or presents, as a result of mentaldisorder, an imminent threat of substantial harm to others orhimself, the attending physician may in such emergency employ orauthorize for no longer than seven days in any three-month period theimmediate use of shock treatments in order to alleviate such danger. (b) Notwithstanding Section 2670.5, if a confined person gives hisinformed consent to a program of shock therapy for a period not toexceed three months, the attending physician may administer suchtherapy for a period not to exceed three months in any one-yearperiod without prior judicial authorization.2672.  (a) For purposes of this article, "informed consent" meansthat a person must knowingly and intelligently, without duress orcoercion, and clearly and explicitly manifest his consent to theproposed organic therapy to the attending physician. (b) A person confined shall not be deemed incapable of informedconsent solely by virtue of being diagnosed as a mentally ill,disordered, abnormal or mentally defective person. (c) A person confined shall be deemed incapable of informedconsent if such person cannot understand, or knowingly andintelligently act upon, the information specified in Section 2673. (d) A person confined shall be deemed incapable of informedconsent if for any reason he cannot manifest his consent to theattending physician.2673.  (a) For purposes of this article, "informed consent" requiresthat the attending physician directly communicate with the personand clearly and explicitly provide all the following informationprior to the person's decision: (1) The nature and seriousness of the person's illness, disorderor defect. (2) The nature of the proposed organic therapy and its intendedduration. (3) The likelihood of improvement or deterioration, temporary orpermanent, without the administration of the proposed organictherapy. (4) The likelihood and degree of improvement, remission, control,or cure resulting from the administration of such organic therapy,and the likelihood, nature, and extent of changes in and intrusionsupon the person's personality and patterns of behavior and thought ormentation and the degree to which these changes may be irreversible.This information shall indicate the probable duration and intensityof such therapy and whether such therapy may have to be continuedindefinitely for optimum therapeutic benefit. (5) The likelihood, nature, extent, and duration of side effectsof the proposed organic therapy, and how and to what extent they maybe controlled, if at all. (6) The uncertainty of the benefits and hazards of the proposedorganic therapy because of the lack of sufficient data available tothe medical profession, or any other reason for such uncertainty. (7) The reasonable alternative organic therapy orpsychotherapeutic modality of therapy, or nonorganic behaviormodification programs, and why the organic therapy recommended is thetherapy of choice. These alternatives shall be described andexplained to the person in the manner specified in this section. (8) Whether the proposed therapy is generally regarded as sound bythe medical profession, or is considered experimental.2674.  A written manifestation of informed consent shall be obtainedin all cases by the attending physician and shall be preserved andavailable to the person, his attorney, his guardian, or hisconservator.2675.  (a) If the proposed organic therapy is not prohibited bysubdivision (a) or (b) of Section 2670.5, then in order to administerthe therapy the warden of the institution in which the person isconfined shall petition the superior court of the county in which theperson is confined for an order authorizing such organic therapy. (b) The petition shall summarize the facts which the attendingphysician is required to communicate to the person pursuant toSection 2673, and shall state whether the person has the capacity forinformed consent, and, if so, whether the person has given his orher informed consent to the proposed therapy. The petition shallclearly specify what organic therapy the institution proposes toadminister to the person. The petition shall specify what mentalillness, disorder, abnormality, or defect justifies theadministration of such therapy. Copies of the petition shall bepersonally served upon the person and served upon his or herattorney, guardian or conservator on the same day as it is filed withthe clerk of the superior court. (c) The person confined, or his or her attorney, guardian, orconservator may file a response to the petition for organic therapy.The response shall be filed no later than 10 days after service ofthe petition unless the court grants a continuance not to exceed 10additional days, and shall be served on the warden on the same day itis filed.2676.  (a) Any person, or his or her attorney, guardian, orconservator may file a petition with the superior court of the countyin which he or she is confined for an order to prohibit theadministration upon him or her of an organic therapy. The filing ofsuch a petition shall constitute a refusal of consent or withdrawalof any prior consent to an organic therapy. The clerk of the courtshall serve a copy of the petition, on the same day it is filed, uponthe warden. (b) The warden shall file a response to the petition to prohibitthe enforced administration of any organic therapy. The responseshall be filed no later than 10 days after the filing of thepetition, unless the court grants a continuance not to exceed 10additional days, and shall be personally served upon the person andserved upon his or her attorney, guardian, or conservator on the sameday as it is filed with the clerk of the superior court. Theresponse shall not constitute a petition for an order to proceed withany organic therapy pursuant to Section 2675, which shall be theexclusive procedure for authorization to administer any organictherapy.2677.  At the time of filing of a petition pursuant to Section 2676by the person, or pursuant to Section 2675 by the warden, the courtshall appoint the public defender or other attorney to represent theperson unless the person is financially able to provide his or herown attorney. The attorney shall advise the person of his or herrights in relation to the proceeding in question and shall representhim or her before the court. The court shall also appoint an independent medical expert on theperson's behalf to examine the person's medical, mental, or emotionalcondition and to testify thereon, unless the person is financiallyable to obtain the expert testimony. However, if the person has givenhis or her informed consent to the proposed organic therapy, otherthan psychosurgery as referred to in subdivision (c) of Section2670.5, and his or her attorney concurs in the proposedadministration of the organic therapy, the court may waive therequirement that an independent medical expert be appointed.2678.  The court shall conduct the proceedings within 10 judicialdays from the filing of the petition described in Section 2675 or2676, whichever is filed earlier, unless the warden's attorney or theperson's attorney requests a continuance, which may be for a maximumof 10 additional judicial days. The court shall conduct theproceedings in accordance with constitutional guarantees of dueprocess of law and the procedures under Section 13 of Article I ofthe California Constitution.2679.  (a) The court shall determine whether the state has proven,by clear and convincing evidence, that the confined person has thecapacity for informed consent and has manifested his informedconsent. (b) If the court has determined that the person lacks the capacityfor informed consent, the court shall determine by clear andconvincing evidence that such therapy, other than psychosurgery asreferred to in subdivision (c) of Section 2670.5, would bebeneficial; that there is a compelling interest justifying the use ofthe organic therapy upon the person; that there are no less onerousalternatives to such organic therapy; and that such organic therapyis in accordance with sound medical-psychiatric practice. If thecourt so determines, then the court shall authorize theadministration of the organic therapy for a period not to exceed sixmonths. (c) If the court has determined that the person has the capacityfor informed consent and has manifested his informed consent toorganic therapy, the court shall determine by clear and convincingevidence that such therapy would be beneficial; that there is acompelling interest justifying the use of the organic therapy uponthe person; that there are no less onerous alternatives to suchorganic therapy; and that such organic therapy is in accordance withsound medical-psychiatric practice. If the court so determines thenthe court shall authorize the administration of the organic therapyfor a period not to exceed six months.2680.  (a) If it is determined by the attending physician that aconfined person should be administered organic therapy, the personshall be advised and informed of his or her rights under thisarticle, and he or she shall be provided a copy of this article. (b)  This article shall apply to prisoners confined under thispart in public or private hospitals, sanitariums, and similarfacilities, and to the personnel of the facilities. (c) A person shall be entitled to communicate in writing and byvisiting with his or her parents, guardian, or conservator regardingany proposed administration of any organic therapy. The communicationshall not be censored. The person shall be entitled to communicatein writing with his or her attorney pursuant to Section 2600. (d)  This article shall not prohibit the attending physician fromterminating organic therapy prior to the period authorized for thattherapy by the court, pursuant to Section 2679.