Article 7 - Legal and Civil Rights of Persons Involuntarily Detained

California Welfare and Institutions Code — §§ 5325-5337

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Sections (47)

Amended by Stats. 2012, Ch. 34, Sec. 85. (SB 1009) Effective June 27, 2012.

Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric evaluation or treatment to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall have the following rights, a list of which shall be prominently posted in the predominant languages of the

community and explained in a language or modality accessible to the patient in all facilities providing those services, and otherwise brought to his or her attention by any additional means as the Director of Health Care Services may designate by regulation. Each person committed to a state hospital shall also have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing those services and otherwise brought to his or her attention by any additional means as the Director of State Hospitals may designate by regulation:

(a)To wear his or her own clothes; to keep and use his or her own personal possessions including his or her toilet articles; and to keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases.

(b)To have access to individual storage space for his or her private use.

(c)To see visitors each day.

(d)To have reasonable access to telephones, both to make and receive confidential calls or to have such calls made for them.

(e)To have ready access to letterwriting materials, including stamps, and to mail and receive unopened correspondence.

(f)To refuse convulsive treatment including, but not limited to, any electroconvulsive treatment, any treatment of the mental condition which depends on the induction of a convulsion by any means, and insulin coma treatment.

(g)To refuse psychosurgery. Psychosurgery is defined as

those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery, and all other forms of brain surgery if the surgery is performed for the purpose of any of the following:

(1)Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain.

(2)Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, actions, or behavior.

(3)Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions or behavior when the abnormality is not an established cause for those thoughts, feelings, actions, or behavior.

Psychosurgery does not include prefrontal sonic treatment wherein there is

no destruction of brain tissue. The Director of Health Care Services and the Director of State Hospitals shall promulgate appropriate regulations to assure adequate protection of patients’ rights in such treatment.

(h)To see and receive the services of a patient advocate who has no direct or indirect clinical or administrative responsibility for the person receiving mental health services.

(i)Other rights, as specified by regulation.

Each patient shall also be given notification in a language or modality accessible to the patient of other constitutional and statutory rights which are found by the State Department of Health Care Services and the State Department of State Hospitals to be frequently misunderstood, ignored, or denied.

Upon admission to a facility each patient, involuntarily

detained for evaluation or treatment under provisions of this part, or as a voluntary patient for psychiatric evaluation or treatment to a health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall immediately be given a copy of a State Department of Health Care Services prepared patients’ rights handbook. Each person committed to a state hospital, upon admission, shall immediately be given a copy of a State Department of State Hospitals prepared patients’ rights handbook.

The State Department of Health Care Services and the State Department of State Hospitals shall prepare and provide the forms specified in this section. The State Department of Health Care Services shall prepare and provide the forms specified in Section 5157.

The rights specified in this section may not be waived by the person’s parent, guardian, or

conservator.

§ 5325.1

Added by Stats. 1978, Ch. 1320.

Persons with mental illness have the same legal rights and responsibilities guaranteed all other persons by the Federal Constitution and laws and the Constitution and laws of the State of California, unless specifically limited by federal or state law or regulations. No otherwise qualified person by reason of having been involuntarily detained for evaluation or treatment under provisions of this part or having been admitted as a voluntary patient to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered shall be excluded from participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity, which receives public funds.

It is the intent of the legislature that persons with mental illness shall have rights including, but not limited to, the following:

(a)A right to treatment services which promote the potential of the person to function independently. Treatment should be provided in ways that are least restrictive of the personal liberty of the individual.

(b)A right to dignity, privacy, and humane care.

(c)A right to be free from harm, including unnecessary or excessive physical restraint, isolation, medication, abuse, or neglect. Medication shall not be used as punishment, for the convenience of staff, as a substitute for program, or in quantities that interfere with the treatment program.

(d)A right to prompt medical care and treatment.

(e)A right to religious freedom and practice.

(f)A right to participate in appropriate programs of publicly supported education.

(g)A right to social interaction and participation in community activities.

(h)A right to physical exercise and recreational opportunities.

(i)A right to be free from hazardous procedures.

§ 5325.2

Amended by Stats. 2024, Ch. 643, Sec. 1. (SB 1184) Effective January 1, 2025.

Any person who is subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic medication subject to provisions set forth in this chapter.

§ 5325.3

Added by Stats. 2022, Ch. 47, Sec. 58. (SB 184) Effective June 30, 2022.

(a)For purposes of administering antipsychotic medications to a person admitted as a voluntary patient, as described in Section 850 of Title 9 of the California Code of Regulations, or any successor regulation, who consents to receiving those medications, as part of specialty mental health services covered under Medi-Cal or as part of community mental health services, a health facility, or a facility that has a community residential treatment program pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2, shall not be required to obtain the signature of that patient.

(b)For a patient described in subdivision (a), the facility shall maintain a written record containing both of the following:

(1)A notation that the information about informed consent to antipsychotic medications as described in subdivisions (a) to (f), inclusive, of Section 851 of Title 9 of the California Code of Regulations, or any successor regulations, has been discussed with the patient by the prescribing physician.

(2)A notation that the patient understands the nature and effect of the antipsychotic medications and consents to the administration of those medications.

(c)For purposes of this section, “health facility” has the same meaning as set forth in Section 1250 of the Health and Safety Code, except for subdivisions (c), (d), (e), (g), (h), (k), and (m) of that section.

(d)(1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part

1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. The notice or other similar instruction shall supersede Section 852 of Title 9 of the California Code of Regulations.

(2)The department may amend, adopt, or repeal regulations for purposes of implementing this section in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

§ 5325.4

Added by Stats. 2024, Ch. 635, Sec. 1. (AB 2154) Effective January 1, 2025.

(a)If a person is involuntarily detained for assessment, evaluation, or treatment under this part, the facility to which the person is brought shall offer and provide a copy of the State Department of Health Care Services’ prepared patients’ rights handbook to a family member of the detained person under any of the following circumstances:

(1)The person authorizes the disclosure of their detainment information pursuant to Section 5328.1.

(2)The family member is physically present at the facility where the

person is involuntarily detained and has knowledge that the individual is involuntarily detained there.

(3)The family member has been notified of the person’s presence in the facility pursuant to Section 5328.1.

(4)The person has consented to the family member being provided the handbook.

(b)(1) The handbook may be provided to a family member in a printed or digital copy.

(2)The facility may also provide a referral to the Patients’ Rights Advocacy Directory internet website or another local, state, or national organization with related expertise.

(c)If the handbook is provided to a family member pursuant to subdivision (a), then the facility where the person is involuntarily detained for assessment shall also offer and provide a printed or digital copy of the handbook to the person.

(d)For purposes of this section, “family member” means any of the following:

(1)The spouse or domestic partner of the person.

(2)An adult child of the person.

(3)A parent or legal guardian of the person.

(4)A grandparent of the person.

(5)An adult sibling of the person.

(6)An adult grandchild of the person.

(7)An adult relative or close personal friend who has demonstrated special care and concern for the person and is familiar with the person’s personal values and beliefs to the extent known.

(e)This section does not authorize the disclosure of patient information that is protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), or the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)).

§ 5326

Amended by Stats. 2012, Ch. 34, Sec. 86. (SB 1009) Effective June 27, 2012.

The professional person in charge of the facility or state hospital or his or her designee may, for good cause, deny a person any of the rights under Section 5325, except under subdivisions (g) and (h) and the rights under subdivision (f) may be denied only under the conditions specified in Section 5326.7. To ensure that these rights are denied only for good cause, the Director of Health Care Services and Director of State

Hospitals shall adopt regulations specifying the conditions under which they may be denied. Denial of a person’s rights shall in all cases be entered into the person’s treatment record.

§ 5326.1

Amended by Stats. 2012, Ch. 34, Sec. 87. (SB 1009) Effective June 27, 2012.

Quarterly, each local mental health director shall furnish to the Director of Health Care Services, the facility reports of the number of persons whose rights were denied and the right or rights which were denied. The content of the reports from facilities shall enable the local mental health director and Director of Health Care Services to identify individual treatment records, if necessary, for further analysis and

investigation. These quarterly reports, except for the identity of the person whose rights are denied, shall be available, upon request, to Members of the State Legislature, or a member of a county board of supervisors.

Notwithstanding any other provision of law, information pertaining to denial of rights contained in the person’s treatment record shall be made available, on request, to the person, his or her attorney, his or her conservator or guardian, the local mental health director, or his or her designee, or the Patients’ Rights program of the State Department of Health Care Services. The information may include consent forms, required documentation for convulsive treatment, documentation regarding the use of restraints and seclusion, physician’s orders, nursing notes, and involuntary detention and conservatorship papers. The information, except for the identity of the person whose rights are denied, shall be made available to the Members of the State

Legislature or a member of a county board of supervisors.

§ 5326.15

Amended by Stats. 2012, Ch. 34, Sec. 88. (SB 1009) Effective June 27, 2012.

(a)Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall transmit a copy to the Director of Health Care Services, the number of persons who received such treatments wherever administered, in each of the following categories:

(1)Involuntary

patients who gave informed consent.

(2)Involuntary patients who were deemed incapable of giving informed consent and received convulsive treatment against their will.

(3)Voluntary patients who gave informed consent.

(4)Voluntary patients deemed incapable of giving consent.

(b)Quarterly, the State Department of State Hospitals shall report to the Director of Health Care Services the number of persons who received such treatments wherever administered, in each of the following categories:

(1)Involuntary patients who gave informed consent.

(2)Involuntary patients who were deemed incapable of giving informed consent and

received convulsive treatment against their will.

(3)Voluntary patients who gave informed consent.

(4)Voluntary patients deemed incapable of giving consent.

(c)Quarterly, the Director of Health Care Services shall forward to the Medical Board of California any records or information received from these reports indicating violation of the law, and the regulations which have been adopted thereto.

§ 5326.2

Amended by Stats. 2024, Ch. 948, Sec. 14. (AB 2119) Effective January 1, 2025.

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.

§ 5326.3

Amended by Stats. 2012, Ch. 34, Sec. 89. (SB 1009) Effective June 27, 2012.

The State Department of Health Care Services and State Department of State Hospitals shall promulgate a standard written consent form, setting forth clearly and in detail the matters listed in Section 5326.2, and any further information with respect to each item as deemed generally appropriate to all patients.

The treating physician shall utilize the standard written consent form and

in writing supplement it with those details which pertain to the particular patient being treated.

§ 5326.4

Amended by Stats. 1976, Ch. 1109.

The treating physician shall then present to the patient the supplemented form specified under Section 5326.3 and orally, clearly, and in detail explain all of the above information to the patient. The treating physician shall then administer the execution by the patient of the total supplemented written consent form, which shall be dated and witnessed.

The fact of the execution of such written consent form and of the oral explanation shall be entered into the patient’s treatment record, as shall be a copy of the consent form itself. Should entry of such latter information into the patient’s treatment record be deemed by any court

an unlawful invasion of privacy, then such consent form shall be maintained in a confidential manner and place.

The consent form shall be available to the person, and to his or her attorney, guardian, and conservator and, if the patient consents, to a responsible relative of the patient’s choosing.

§ 5326.5

Amended by Stats. 2014, Ch. 144, Sec. 92. (AB 1847) Effective January 1, 2015.

(a)For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and explicitly manifests consent to the proposed therapy to the treating physician and in writing on the standard consent form prescribed in Section 5326.4.

(b)The physician may urge the proposed treatment as the best one, but may not use, in an effort to gain consent, any reward or threat, express or implied, nor any other form of inducement or coercion, including, but not limited to, placing the patient in a more restricted setting, transfer of the patient to another facility, or loss of the patient’s hospital privileges. Nothing in this subdivision shall be construed as in

conflict with Section 5326.2. No one shall be denied any benefits for refusing treatment.

(c)A person confined shall be deemed incapable of written informed consent if that person cannot understand, or knowingly and intelligently act upon, the information specified in Section 5326.2.

(d)A person confined shall not be deemed incapable of refusal solely by virtue of being diagnosed as having a mental health disorder.

(e)Written informed consent shall be given only after 24 hours have elapsed from the time the information in Section 5326.2 has been given.

§ 5326.55

Added by Stats. 1976, Ch. 1109.

Persons who serve on review committees shall not otherwise be personally involved in the treatment of the patient whose case they are reviewing.

§ 5326.6

Added by Stats. 1976, Ch. 1109.

Psychosurgery, wherever administered, may be performed only if:

(a)The patient gives written informed consent to the psychosurgery.

(b)A responsible relative of the person’s choosing and with the person’s consent, and the guardian or conservator if there is one, has read the standard consent form as defined in Section 5326.4 and has been given by the treating physician the information required in Section 5326.2. Should the person desire not to inform a relative or should such chosen relative be unavailable this requirement is dispensed with.

(c)The attending physician gives adequate documentation entered in the patient’s treatment record of the reasons for the procedure, that all other appropriate treatment modalities have been exhausted and that this mode of treatment is definitely indicated and is the least drastic alternative available for the treatment of the patient at the time. Such statement in the treatment record shall be signed by the attending and treatment physician or physicians.

(d)Three physicians, one appointed by the facility and two appointed by the local mental health director, two of whom shall be either board-certified or eligible psychiatrists or board-certified or eligible neurosurgeons, have personally examined the patient and unanimously agree with the attending physicians’ determinations pursuant to subdivision (c) and agree that the patient has the capacity to give informed consent. Such

agreement shall be documented in the patient’s treatment record and signed by each such physician.

Psychosurgery shall in no case be performed for at least 72 hours following the patient’s written consent. Under no circumstances shall psychosurgery be performed on a minor.

As used in this section and Sections 5326.4 and 5326.7 “responsible relative” includes the spouse, parent, adult child, or adult brother or sister of the person.

The giving of consent to any of the treatments covered by this chapter may not be construed as a waiver of the right to refuse treatment at a future time. Consent may be withdrawn at any time. Such withdrawal of consent may be either oral or written and shall be given effect immediately.

Refusal of consent to undergo a psychosurgery shall be entered in the patient’s treatment record.

§ 5326.7

Added by Stats. 1976, Ch. 1109.

Subject to the provisions of subdivision (f) of Section 5325, convulsive treatment may be administered to an involuntary patient, including anyone under guardianship or conservatorship, only if:

(a)The attending or treatment physician enters adequate documentation in the patient’s treatment record of the reasons for the procedure, that all reasonable treatment modalities have been carefully considered, and that the treatment is definitely indicated and is the least drastic alternative available for this patient at this time. Such statement in the treatment record shall be signed by the attending and treatment

physician or physicians.

(b)A review of the patient’s treatment record is conducted by a committee of two physicians, at least one of whom shall have personally examined the patient. One physician shall be appointed by the facility and one shall be appointed by the local mental health director. Both shall be either board-certified or board-eligible psychiatrists or board-certified or board-eligible neurologists. This review committee must unanimously agree with the treatment physician’s determinations pursuant to subdivision (a). Such agreement shall be documented in the patient’s treatment record and signed by both physicians.

(c)A responsible relative of the person’s choosing and the person’s guardian or conservator, if there is one, have been given the oral explanation by the attending physician as required by Section 5326. 2. Should the person desire not to inform a relative

or should such chosen relative be unavailable, this requirement is dispensed with.

(d)The patient gives written informed consent as defined in Section 5326.5 to the convulsive treatment. Such consent shall be for a specified maximum number of treatments over a specified maximum period of time not to exceed 30 days, and shall be revocable at any time before or between treatments. Such withdrawal of consent may be either oral or written and shall be given effect immediately. Additional treatments in number or time, not to exceed 30 days, shall require a renewed written informed consent.

(e)The patient’s attorney, or if none, a public defender appointed by the court, agrees as to the patient’s capacity or incapacity to give written informed consent and that the patient who has capacity has given written informed consent.

(f)If either the attending physician or the attorney believes that the patient does not have the capacity to give a written informed consent, then a petition shall be filed in superior court to determine the patient’s capacity to give written informed consent. The court shall hold an evidentiary hearing after giving appropriate notice to the patient, and within three judicial days after the petition is filed. At such hearing the patient shall be present and represented by legal counsel. If the court deems the above-mentioned attorney to have a conflict of interest, such attorney shall not represent the patient in this proceeding.

(g)If the court determines that the patient does not have the capacity to give written informed consent, then treatment may be performed upon gaining the written informed consent as defined in Sections 5326.2 and 5326.5 from the responsible relative or the guardian or the conservator of the patient.

(h)At any time during the course of treatment of a person who has been deemed incompetent, that person shall have the right to claim regained competency. Should he do so, the person’s competency must be reevaluated according to subdivisions (e), (f), and (g).

§ 5326.75

Added by Stats. 1976, Ch. 1109.

Convulsive treatment for all other patients including but not limited to those voluntarily admitted to a facility, or receiving the treatment in a physician’s office, clinic or private home, may be administered only if:

(a)The requirements of subdivisions (a), (c), and (d) of Section 5326.7 are met.

(b)A board-certified or board-eligible psychiatrist or a board-certified or board-eligible neurologist other than the patient’s attending or treating physician has examined the patient and verifies that the patient has the capacity to give and has

given written informed consent. Such verification shall be documented in the patient’s treatment record and signed by the treating physician.

(c)If there is not the verification required by subdivision (b) of this section or if the patient has not the capacity to give informed consent, then subdivisions (b), (e), (f), (g), and (h) of Section 5326.7 shall also be met.

§ 5326.8

Amended by Stats. 2012, Ch. 34, Sec. 90. (SB 1009) Effective June 27, 2012.

Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and exercise the rights under this article.

Persons 12 years of age and over, and under 16, may be administered convulsive treatment only if all the other provisions of this law are complied with and in addition:

(a)It is an emergency situation and convulsive treatment is deemed a lifesaving treatment.

(b)This fact and the need for and appropriateness of the treatment are unanimously certified to by a review board of three board-eligible or board-certified child psychiatrists appointed by the local mental health director.

(c)It is otherwise performed in full compliance with regulations promulgated by the Director of State Hospitals under Section 5326.95.

(d)It is thoroughly documented and reported immediately to the Director of Health Care Services.

§ 5326.85

Added by Stats. 1976, Ch. 1109.

No convulsive treatment shall be performed if the patient, whether admitted to the facility as a voluntary or involuntary patient, is deemed to be able to give informed consent and refuses to do so. The physician shall indicate in the treatment record that the treatment was refused despite the physician’s advice and that he has explained to the patient the patient’s responsibility for any untoward consequences of his refusal.

§ 5326.9

Amended by Stats. 2013, Ch. 23, Sec. 35. (AB 82) Effective June 27, 2013.

(a)Any alleged or suspected violation of the rights described in Chapter 2 (commencing with Section 5150) shall be investigated by the local director of mental health, or his or her designee. Violations of Sections 5326.2 to 5326.8, inclusive, concerning patients involuntarily detained for evaluation or treatment under this part, or as a voluntary patient for psychiatric evaluation or treatment to a health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall also be investigated by the Director of Health Care Services, or his or her designee. Violations of Sections 5326.2 to 5326.8, inclusive, concerning persons committed to a state hospital shall also be investigated by the Director of State Hospitals, or

his or her designee. If it is determined by the local director of mental health, the Director of Health Care Services, or the Director of State Hospitals that a right has been violated, a formal notice of violation shall be issued.

(b)Either the local director of mental health or the Director of Health Care Services, upon issuing a notice of violation, may take any or all of the following action:

(1)Assign a specified time period during which the violation shall be corrected.

(2)Referral to the Medical Board of California or other professional licensing agency. Such board shall investigate further, if warranted, and shall subject the individual practitioner to any penalty the board finds necessary and is authorized to impose.

(3)Revoke a facility’s

designation and authorization under Section 5404 to evaluate and treat persons detained involuntarily.

(4)Refer any violation of law to a local district attorney or the Attorney General for prosecution in any court with jurisdiction.

(c)The Director of State Hospitals, upon issuing a notice of violation, may take any or all of the following actions:

(1)Assign a specified time period during which the violation shall be corrected.

(2)Make a referral to the Medical Board of California or other professional licensing agency. The board or agency shall investigate further, if warranted, and shall subject the individual practitioner to any penalty the board finds necessary and is authorized to impose.

(3)Refer any violation of law to a local district attorney or the Attorney General for prosecution in any court with jurisdiction.

(d)Any physician who intentionally violates Sections 5326.2 to 5326.8, inclusive, shall be subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation. The penalty may be assessed and collected in a civil action brought by the Attorney General in a superior court. Such intentional violation shall be grounds for revocation of license.

(e)Any person or facility found to have knowingly violated the provisions of the first paragraph of Section 5325.1 or to have denied without good cause any of the rights specified in Section 5325 shall pay a civil penalty, as determined by the court, of fifty dollars ($50) per day during the time in which the violation is not corrected, commencing on the day on which a

notice of violation was issued, not to exceed one thousand dollars ($1,000), for each and every violation, except that any liability under this provision shall be offset by an amount equal to a fine or penalty imposed for the same violation under the provisions of Sections 1423 to 1425, inclusive, or 1428 of the Health and Safety Code. These penalties shall be deposited in the general fund of the county in which the violation occurred. The local district attorney or the Attorney General shall enforce this section in any court with jurisdiction. Where the State Department of Public Health, under the provisions of Sections 1423 to 1425, inclusive, of the Health and Safety Code, determines that no violation has occurred, the provisions of paragraph (4) of subdivision (b) shall not apply.

(f)The remedies provided by this subdivision shall be in addition to and not in substitution for any other remedies which an individual may have under

law.

§ 5326.91

Amended by Stats. 2012, Ch. 34, Sec. 92. (SB 1009) Effective June 27, 2012.

In any facility in which convulsive treatment is performed on a person whether admitted to the facility as an involuntary or voluntary patient, the facility will designate a qualified committee to review all such treatments and to verify the appropriateness and need for such treatment. The local mental health director shall establish a postaudit review committee for convulsive treatments administered anywhere other than in any

facility as defined in Section 1250 of the Health and Safety Code in which psychiatric evaluation or treatment is offered. Records of these committees will be subject to availability in the same manner as are the records of other hospital utilization and audit committees and to other regulations. Persons serving on these review committees will enjoy the same immunities as other persons serving on utilization, peer review, and audit committees of health care facilities.

§ 5326.95