(Added by Ord. No. 179,913, Eff. 6/30/08.)
(a) Definitions. As used in this section:
(1) “Health Facility” means any “health facility” as defined in Section 1250 of the California Health and Safety Code.
(2) “Patient’s Residence” means the home of the patient, the fixed and regular nighttime residence or domicile of the patient, or, in the case of a patient reasonably perceived to be homeless, the location the patient gives as his or her principal place of dwelling.
(3) “Homeless Patient” means an individual who lacks a fixed and regular nighttime residence, or who has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or who is residing in a public or private place that was not designed to provide temporary living accommodations or to be used as a sleeping accommodation for human beings.
(4) “Written Consent” means knowingly, intelligently and voluntarily given written consent, signed by the patient or the patient’s legal representative.
(b) Prohibited Activity. A health facility may not transport or cause a patient to be transported to a location other than the patient’s residence without written consent, except when the patient is transferred to another health facility following bona fide procedures in accordance with another provision of law.
(c) Violations. A violation of this section is a misdemeanor punishable by a fine not to exceed $1,000, a term of probation not to exceed three years, or both.
(d) Punishment Cumulative. The punishment provided for in this section is cumulative to any punishment, penalty, or other relief available under any other law.
(e) Inapplicability. This section shall not apply to:
(1) Patients in the care and custody of a California state hospital operated and administered by the State Department of Mental Health, who are civilly or criminally committed and subject to transfer to the State Department of Corrections and Rehabilitation, the Forensic Conditional Release Program, or a court for further proceedings.
(2) Patients who are in the custody or otherwise under the jurisdiction of the State Department of Corrections and Rehabilitation, including the Division of Juvenile Justice, the Los Angeles County Sheriff, or the Los Angeles Police Department.