(a) (1) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334 during the detention period described in Section 5150 or 5250 shall remain in effect for the duration of the detention period described in Section 5150, and for the duration of the detention period described in Section 5250, or for the duration of both periods together. (2) Unless otherwise specified, and except as applied to Sections 5150 and 5250, a treating physician may request a hearing for a new determination of a personâs capacity to refuse treatment with antipsychotic medication, to be made pursuant to Section 5334, at any time in the 48 hours prior to the end of the duration of the current detention period when it reasonably appears to the treating physician that it is necessary for the person to be detained for a subsequent detention period and the personâs capacity has not been restored according to standards developed pursuant to subdivision (c) of Section 5332. (3) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication pursuant to this section remains in effect until one of the following occurs, whichever occurs first in time: (A) In the judgment of the personâs treating physician, the personâs capacity has been restored or the person no longer meets the criteria for involuntary detention, according to standards developed pursuant to subdivision (c) of Section 5332. (B) The court or hearing officer determines that the personâs capacity to refuse treatment with antipsychotic medication is restored. (C) The time limit for the detention period described in Section 5150, Section 5250, or for the detention period of both periods together, expires. (b) (1) Under exigent circumstances, an order for treatment with antipsychotic medication made pursuant to Section 5332 shall remain in effect at the beginning of a detention period described in Section 5260, 5270.15, or 5270.70, provided that a petition for a new determination on the question of capacity has been filed pursuant to Section 5334, and shall remain in effect until a hearing on that petition for that detention period is held under the exigent circumstances described by this subdivision and a decision is issued as set forth in Section 5334. (2) Upon receipt of a petition for a hearing to determine a personâs capacity to refuse treatment with antipsychotic medication and attestation of exigent circumstances being documented in the personâs medical record pursuant to this subdivision, a hearing shall be held on an expedited basis to determine the personâs capacity to refuse treatment with antipsychotic medication as soon as reasonably practicable and within 24 hours. (3) In any case where an attestation of exigent circumstances is documented in the personâs medical record pursuant to this subdivision and an order for treatment with antipsychotic medication made pursuant to Section 5332 remains in effect, the facility where the person is receiving treatment shall report all of the following to the county behavioral health director in the county in which they operate, in a form and manner and in accordance with timelines prescribed by the county behavioral health director: (A) The date and time when the physician or facility originally filed a petition with the superior court to request a hearing to determine a personâs capacity to refuse treatment with antipsychotic medication under this section. (B) The date when the applicable detention period described in paragraph (1) was scheduled to expire prior to the attestation described in subparagraph (C) of paragraph (6) being documented in the personâs medical record. (C) The date and time when the attestation of exigent circumstances was documented in the personâs medical record, as described in subparagraph (C) of paragraph (6). (D) The reason for the delay of the originally requested capacity hearing,
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