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RAINS v. BELSHE

Docket No. A063119.

32 Cal.App.4th 157 (1995)

38 Cal. Rptr.2d 185

ESTHER E. RAINS, Plaintiff and Respondent, v. S. KIMBERLY BELSHE, as Director, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

February 8, 1995.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Charlton G. Holland III, Assistant Attorney General, and Stephanie Wald, Deputy Attorney General, for Defendant and Appellant.

Lilly T. Spitz as Amicus Curiae on behalf of Defendant and Appellant.

Morton P. Cohen and Kathleen Lammers for Plaintiff and Respondent.

Heller, Ehrman, White & McAuliffe, Wayne S. Braveman, Meryl Macklin, John H. Bogart, Bet Tzedek Legal Services, Michael Feuer, William Flanagan and Eric M. Carlson as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

PETERSON, P.J.

The Legislature enacted in 1992, and amended in 1994, Health and Safety Code section 1418.8. That amended statute generally allows certain incompetent patients residing in skilled nursing facilities or intermediate care facilities to receive medical treatment, after a physician has determined a patient's incapacity to give informed consent to such treatment and an interdisciplinary review team has determined...

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