Registry for Health Care Directives

Division 4.7, Part 5 of the Probate Code deals with advance health care directive registry in health care decisions in California.

Section 4800 requires the Secretary of State to establish a registry system through which a person who has executed a written advance health care directive may register in a central information center, information regarding the advance directive, making that information available upon request to any health care provider, the public guardian, or the legal representative of the registrant. A request for information pursuant to this section must state the need for the information.

Section 4801 requires the Secretary of State to establish procedures to verify the identities of health care providers, the public guardian, and other authorized persons requesting information. No fee is to be charged.

Section 4802 requires the Secretary of State to establish procedures to advise each registrant of three required items of information.

Section 4803 states that failure to register with the Secretary of State does not affect the validity of any advance health care directive.

Section 4804 explains that registration with the Secretary of State does not affect the ability of the registrant to revoke the registrant’s advance health care directive or a later executed advance directive, nor does registration raise any presumption of validity or superiority among any competing advance directives or revocations.

Section 4805 provides that nothing in this part is to be construed to affect the duty of a health care provider to provide information to a patient regarding advance health care directives pursuant to any provision of federal law.

Section 4806 requires the Secretary of State to work with the State Department of Health Services and the office of the Attorney General to develop information about end of life care, advance health care directives, and registration of the advance health care directives at the registry.