Section 1254.4 Of Article 1. General From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 1.
1254.4
. (a) A general acute care hospital shall adopt a policy for
providing family or next of kin with a reasonably brief period of
accommodation, as described in subdivision (b), from the time that a
patient is declared dead by reason of irreversible cessation of all
functions of the entire brain, including the brain stem, in
accordance with Section 7180, through discontinuation of
cardiopulmonary support for the patient. During this reasonably brief
period of accommodation, a hospital is required to continue only
previously ordered cardiopulmonary support. No other medical
intervention is required.
(b) For purposes of this section, a "reasonably brief period"
means an amount of time afforded to gather family or next of kin at
the patient's bedside.
(c) (1) A hospital subject to this section shall provide the
patient's legally recognized health care decisionmaker, if any, or
the patient's family or next of kin, if available, with a written
statement of the policy described in subdivision (a), upon request,
but no later than shortly after the treating physician has determined
that the potential for brain death is imminent.
(2) If the patient's legally recognized health care decisionmaker,
family, or next of kin voices any special religious or cultural
practices and concerns of the patient or the patient's family
surrounding the issue of death by reason of irreversible cessation of
all functions of the entire brain of the patient, the hospital shall
make reasonable efforts to accommodate those religious and cultural
practices and concerns.
(d) For purposes of this section, in determining what is
reasonable, a hospital shall consider the needs of other patients and
prospective patients in urgent need of care.
(e) There shall be no private right of action to sue pursuant to
this section.