Cal. HSC § 1418.9
This is the official text of Cal. HSC § 1418.9, part of California’s Health and Safety Code — covers public health, hospitals, controlled substances, and environmental health standards.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Official statutory text
(a) If the attending physician and surgeon of a resident in a skilled nursing facility prescribes, orders, or increases an order for an antipsychotic medication for the resident, the physician and surgeon shall do both of the following:
(1) Obtain the informed consent of the resident for purposes of prescribing, ordering, or increasing an order for the medication.
(2) Seek the consent of the resident to notify the resident’s interested family member, as designated in the medical record. If the resident consents to the notice, the physician and surgeon shall make reasonable attempts, either personally or through a designee, to notify the interested family member, as designated in the medical record, within 48 hours of the prescription, order, or increase of an order.
(b) Notification of an interested family member is not required under paragraph (2) of subdivision (a) if any of the following circumstances exist:
(1) There is no interested family member designated in the medical record.
(2) The resident has been diagnosed as terminally ill by his or her physician and surgeon and is receiving hospice services from a licensed, certified hospice agency in the facility.
(3) The resident has not consented to the notification.
(c) As used in this section, the following definitions shall apply:
(1) “Resident” means a patient of a skilled nursing facility who has the capacity to consent to make decisions concerning his or her health care, including medications.
(2) “Designee” means a person who has agreed with the physician and surgeon to provide the notice required by this section.
(3) “Antipsychotic medication” means a medication approved by the United States Food and Drug Administration for the treatment of psychosis.
(4) “Increase of an order” means an increase of the dosage of the medication above the dosage range stated in a prior consent from the resident.
(d) This section shall not be construed to require consent from an interested family member for an attending physician and surgeon of a resident to prescribe, order, or increase an order for antipsychotic medication.
(1) Obtain the informed consent of the resident for purposes of prescribing, ordering, or increasing an order for the medication.
(2) Seek the consent of the resident to notify the resident’s interested family member, as designated in the medical record. If the resident consents to the notice, the physician and surgeon shall make reasonable attempts, either personally or through a designee, to notify the interested family member, as designated in the medical record, within 48 hours of the prescription, order, or increase of an order.
(b) Notification of an interested family member is not required under paragraph (2) of subdivision (a) if any of the following circumstances exist:
(1) There is no interested family member designated in the medical record.
(2) The resident has been diagnosed as terminally ill by his or her physician and surgeon and is receiving hospice services from a licensed, certified hospice agency in the facility.
(3) The resident has not consented to the notification.
(c) As used in this section, the following definitions shall apply:
(1) “Resident” means a patient of a skilled nursing facility who has the capacity to consent to make decisions concerning his or her health care, including medications.
(2) “Designee” means a person who has agreed with the physician and surgeon to provide the notice required by this section.
(3) “Antipsychotic medication” means a medication approved by the United States Food and Drug Administration for the treatment of psychosis.
(4) “Increase of an order” means an increase of the dosage of the medication above the dosage range stated in a prior consent from the resident.
(d) This section shall not be construed to require consent from an interested family member for an attending physician and surgeon of a resident to prescribe, order, or increase an order for antipsychotic medication.
Status: in_force · Read it on the official government site
Need a lawyer in California?
Find a California lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.