Chapter 5 – Adult Custody and Security Operations

51080.3 Inmate’s Right to Refuse Treatment

• Health care treatments, including medications and tests, shall not be forced over the objections of a mentally competent inmate, except when permitted by law to prevent infectious diseases or unless the procedures set forth in DOMDepartment Operations Manual 91090 (Involuntary Psychotropic Medications) are followed. When an inmate is unable to make an informed decision due to a medical emergency, all immediately necessary actions shall be taken. An emergency exists when there is a sudden marked change in the prisoner’s condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others and it is impracticable to first obtain consent.

• If medical care requiring informed consent is believed necessary and the inmate cannot make health care decisions in non-emergency situations, the determination on care and treatment will be based on the inmate’s health care directive; a surrogate decision maker, including the patient’s conservator, guardian, or responsible relative; or through the procedures set forth in Probate Code 3200 et seq. (Authorization of Medical Treatment for an Adult Without a Conservator).