SECTIONS 4711-4717

4711.  (a) A patient may designate an adult as a surrogate to makehealth care decisions by personally informing the supervising healthcare provider. The designation of a surrogate shall be promptlyrecorded in the patient's health care record. (b) Unless the patient specifies a shorter period, a surrogatedesignation under subdivision (a) is effective only during the courseof treatment or illness or during the stay in the health careinstitution when the surrogate designation is made, or for 60 days,whichever period is shorter. (c) The expiration of a surrogate designation under subdivision(b) does not affect any role the person designated under subdivision(a) may have in making health care decisions for the patient underany other law or standards of practice. (d) If the patient has designated an agent under a power ofattorney for health care, the surrogate designated under subdivision(a) has priority over the agent for the period provided insubdivision (b), but the designation of a surrogate does not revokethe designation of an agent unless the patient communicates theintention to revoke in compliance with subdivision (a) of Section4695.4714.  A surrogate, including a person acting as a surrogate, shallmake a health care decision in accordance with the patient'sindividual health care instructions, if any, and other wishes to theextent known to the surrogate. Otherwise, the surrogate shall makethe decision in accordance with the surrogate's determination of thepatient's best interest. In determining the patient's best interest,the surrogate shall consider the patient's personal values to theextent known to the surrogate.4715.  A patient having capacity at any time may disqualify anotherperson, including a member of the patient's family, from acting asthe patient's surrogate by a signed writing or by personallyinforming the supervising health care provider of thedisqualification.4716.  (a) If a patient lacks the capacity to make a health caredecision, the patient's domestic partner shall have the sameauthority as a spouse has to make a health care decision for his orher incapacitated spouse. This section may not be construed to expandor restrict the ability of a spouse to make a health care decisionfor an incapacitated spouse. (b) For the purposes of this section, the following definitionsshall apply: (1) "Capacity" has the same meaning as defined in Section 4609. (2) "Health care" has the same meaning as defined in Section 4615. (3) "Health care decision" has the same meaning as defined inSection 4617. (4) "Domestic partner" has the same meaning as that term is usedin Section 297 of the Family Code.4717.  (a) Notwithstanding any other provision of law, within 24hours of the arrival in the emergency department of a general acutecare hospital of a patient who is unconscious or otherwise incapableof communication, the hospital shall make reasonable efforts tocontact the patient's agent, surrogate, or a family member or otherperson the hospital reasonably believes has the authority to makehealth care decisions on behalf of the patient. A hospital shall bedeemed to have made reasonable efforts, and to have discharged itsduty under this section, if it does all of the following: (1) Examines the personal effects, if any, accompanying thepatient and any medical records regarding the patient in itspossession, and reviews any verbal or written report made byemergency medical technicians or the police, to identify the name ofany agent, surrogate, or a family member or other person the hospitalreasonably believes has the authority to make health care decisionson behalf of the patient. (2) Contacts or attempts to contact any agent, surrogate, or afamily member or other person the hospital reasonably believes hasthe authority to make health care decisions on behalf of the patient,as identified in paragraph (1). (3) Contacts the Secretary of State directly or indirectly,including by voice mail or facsimile, to inquire whether the patienthas registered an advance health care directive with the AdvanceHealth Care Directive Registry, if the hospital finds evidence of thepatient's Advance Health Care Directive Registry identification cardeither from the patient or from the patient's family or authorizedagent. (b) The hospital shall document in the patient's medical recordall efforts made to contact any agent, surrogate, or a family memberor other person the hospital reasonably believes has the authority tomake health care decisions on behalf of the patient. (c) Application of this section shall be suspended during anyperiod in which the hospital implements its disaster and masscasualty program, or its fire and internal disaster program.