Duties of Health Care Providers

Chapter 4 of Part 2 of Division 4.7 deals with duties of health care providers under the Probate Code in California.

Section 4730 provides that, before implementing a health care decision made for a patient, a supervising health care provider is required to promptly communicate to the patient the decision made and the identity of the person making the decision.

Section 4731 states that a supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surrogate, must promptly record its existence in the patient’s health care record and, if it is in writing, must request a copy.

Section 4732 says that a primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists affecting an individual health care instruction or the authority of an agent, conservator of the person, or surrogate, must promptly record the determination in the patient’s health care record and communicate the determination to the patient and to a person then authorized to make health care decisions for the patient.

Section 4733 explains that a health care provider or health care institution providing care to a patient is required to comply with two specified requirements.

Section 4734 allows a health care provider to decline to comply with an individual health care instruction or health care decision for reasons of conscience.

Section 4735 allows a health care provider or health care institution to decline to comply with an individual health care instruction or health care decision that requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution.

Section 4736 explains that a health care provider or health care institution that declines to comply with an individual health care instruction or health care decision is required to do three specified actions.

Chapter 5 deals with immunities and liabilities. Section 4740 provides that a health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for any actions in compliance with this division, including any of the four types of specified conduct.

Section 4741 states that a person acting as agent or surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.

Section 4742 makes a health care provider or health care institution that intentionally violates this part subject to liability to the aggrieved individual for damages of $2,500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees.

Section 4743 explains that any person who alters or forges a written advance health care directive of another, or willfully conceals or withholds personal knowledge of a revocation of an advance directive, with the intent to cause a withholding or withdrawal of health care necessary to keep the patient alive contrary to the desires of the patient, and thereby directly causes health care necessary to keep the patient alive to be withheld or withdrawn and the death of the patient thereby to be hastened, is subject to prosecution for unlawful homicide.