Bill Text: CA AB2352 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Mental health and psychiatric advance directives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-22 - In Senate. Read first time. To Com. on RLS. for assignment. [AB2352 Detail]

Download: California-2023-AB2352-Introduced.html

---

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2352

---

Introduced by Assembly Member Irwin

February 12, 2024

---

An act relating to health care decisions.

LEGISLATIVE COUNSEL'S DIGEST

AB 2352, as introduced, Irwin. Psychiatric advance directives.

Existing law establishes the requirements for executing a written advance health care directive that is legally sufficient to direct health care decisions. Existing law provides a form that an individual may use or modify to create an advance health care directive. The statutory form includes a space to designate an agent to make health care decisions, as well as optional spaces to designate a first alternate agent and 2nd alternate agent. Existing law defines “health care decision,” as specified. Existing law authorizes an individual to provide an “individual health care instruction” as the individual’s authorized written or oral direction regarding a health care decision for the individual. Existing law confirms that the provisions relating to execution of advance health directives do not prohibit the execution of a voluntary standalone psychiatric advance directive. Existing law defines “advance psychiatric directive” as a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisions and in accordance with the requirements for an advance health care directive in this division, that allows a person with mental illness to protect their autonomy and ability to direct their own care by documenting their preferences for treatment in advance of a mental health crisis.

This bill would declare the intent of the Legislature to enact legislation relating to psychiatric advance directives.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 It is the intent of the Legislature to enact legislation relating to psychiatric advance directives.