§ 5326.9 W&I Code
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Violations, Investigation; Notice; Authorized Actions
Intentional Violations by Physician of
§§ 5326.2 to 5326.8; knowing violations of
§§ 5325, 5325.1
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§ 5326.9. Violations; investigation; notice;
authorized actions; intentional violation by physician of §§ 5326.2
to 5326.8; knowing violations of §§
5325, 5325.1
(a) Any alleged or suspected violation of the rights
described in Chapter 2 (commencing with Section 5150) shall be
investigated by the local director of mental health, or his or her
designee. Violations of Sections 5326.2 to 5326.8, inclusive, shall
also be investigated by the Director of Mental Health, or his or her
designee. If it is determined by the local director of mental health
or Director of Mental Health that a right has been violated, a
formal notice of violation shall be issued.
(b) Either the local director of mental health
or the Director of Mental Health upon issuing a notice of violation
may take any or all of the following action:
(1) Assign a specified time period during
which the violation shall be corrected.
(2) Referral to the Medical Board
of California or other professional licensing agency. Such board
shall investigate further, if warranted, and shall subject the
individual practitioner to any penalty the board finds necessary
and is authorized to impose.
(3) Revoke a facility’s
designation and authorization under Section 5404 to evaluate and
treat persons detained involuntarily.
(4) Refer any violation of law to
a local district attorney or the Attorney General for
prosecution in any court with jurisdiction.
(c) Any physician who intentionally violates Sections
5326.2 to 5326.8, inclusive, shall be subject to a civil penalty of
not more than five thousand dollars ($5,000) for each violation.
Such penalty may be assessed and collected in a civil action brought
by the Attorney General in a superior court. Such intentional
violation shall be
grounds for revocation of license.
(d) Any person or facility found to have
knowingly violated the provisions of the first paragraph of
Section 5325.1 or to have denied
without good cause any of the rights specified in
Section 5325 shall pay a civil
penalty, as determined by the court, of fifty dollars ($50)
per day during the time in which the violation is not corrected,
commencing on the day on which a notice of violation was issued, not
to exceed one thousand dollars ($1,000), for each and every
violation, except that any liability under this provision shall be
offset by an amount equal to a fine or penalty imposed for the same
violation under the provisions of Sections 1423 to 1425, inclusive,
or 1428 of the Health and Safety Code. These penalties shall be
deposited in the general fund of the county in which the violation
occurred. The local district attorney or the Attorney General shall
enforce this section in any court with jurisdiction. Where the State
Department of Health Services, under the provisions of Sections 1423
to 1425, inclusive, of the Health and Safety Code, determines that
no violation has occurred, the provisions of paragraph (4) of
subdivision (b) shall not apply. (e) The remedies provided by this
subdivision shall be in addition to and not in substitution for any
other remedies which an individual may have under law.
