Welf. & Inst. Code, § 5326.2 · Article 7. Legal and Civil Rights of Persons Involuntarily Detained
Welf. & Inst. Code, § 5326.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner:
(a) The reason for treatment, that is, the nature and seriousness of the patient’s illness, disorder, or condition.
(b) The nature of the procedures to be used in the proposed treatment, including its probable frequency and duration.
(c) The probable degree and duration (temporary or permanent) of improvement or remission, expected with or without such treatment.
(d) The nature, degree, duration, and the probability of the side effects and significant risks, commonly known by the medical profession, of such treatment, including its adjuvants, especially noting the degree and duration of memory loss (including its irreversibility) and how and to what extent they may be controlled, if at all.
(e) That there exists a division of opinion as to the efficacy of the proposed treatment, why and how it works and its commonly known risks and side effects.
(f) The reasonable alternative treatments, and why the physician is recommending this particular treatment.
(g) That the patient has the right to accept or refuse the proposed treatment, and that if the patient consents, the patient has the right to revoke their consent for any reason, at any time prior to or between treatments.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 948, Sec. 14. (AB 2119) Effective January 1, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=5326.2.
- Text hash
- sha256 e38d1a0b5413a1f2fb17f1e933e86046a473917ea52ebf69c829e2803d8ac2bc
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 6 provisions
Provisions in this library whose text cites Welf. & Inst. Code, § 5326.2. Each shows the citation as that text prints it.
Business and Professions Code
Welfare and Institutions Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.