Cal. Code Regs. tit. 17 § 51002

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 51002 - Appeal to the Director

If the regional center is not able to identify an appropriate community setting that will allow the individual residing at the Sonoma Developmental Center, the Fairview Developmental Center, the general treatment program of the Porterville Developmental Center, or a state-operated facility under the jurisdiction of the Department to exercise his or her rights under the End of Life Option Act, the executive director of the developmental center or state-operated facility shall inform the individual orally and in writing of the right to appeal to the Director of the Department of Developmental Services, or the Director's designee, to permit him or her to ingest aid-in-dying drugs at the developmental center or state-operated facility. If the individual states his or her desire to appeal, the Director, or the Director's designee, shall consider the totality of circumstances, including, but not limited to, the need to maintain the security of the facility, maintain the health and safety of other residents and staff, and respect the rights and needs of the individual, in granting or denying the appeal. The Director, or the Director's designee, shall issue his or her decision within 14 days of the appeal.

Cal. Code Regs. Tit. 17, § 51002

1. New section filed 7-25-2016 as an emergency; operative 7-25-2016 (Register 2016, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-24-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-24-2017 order, including amendment of section, transmitted to OAL 4-3-2017 and filed 5-10-2017; amendments operative 5-10-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).

Note: Authority cited: Sections 4441 and 4449, Welfare and Institutions Code. Reference: Sections 443.1, 443.2, 443.3, 443.4, 443.14 and 443.15, Health and Safety Code; and Sections 4404, 4440, 4484 and 4485, Welfare and Institutions Code.

1. New section filed 7-25-2016 as an emergency; operative 7/25/2016 (Register 2016, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-24-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-24-2017 order, including amendment of section, transmitted to OAL 4-3-2017 and filed 5-10-2017; amendments operative 5-10-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).