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HomeWelfare and Institutions CodeDiv. 7Ch. 2Art. 7§ 7362 Patient Discharge Conditions

§ 7362 Patient Discharge Conditions

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7362 Patient Discharge Conditions

Key Takeaways

  • •Hospital bosses can let patients go if they don't need hospital care anymore or have a harmless long-term condition.
  • •When a patient is released, they go back to their home county, and the county has to take care of them if they're poor.
  • •If someone was let go because of a harmless condition, they can't be sent back to the hospital unless a judge says so.

Example

A person is in a state hospital for a mental health issue that doctors decide is harmless and long-term.

The hospital can send them home to their county. If they're poor, the county has to help them. They can't be sent back to the hospital unless a judge orders it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7362 Patient Discharge Conditions

(a) The medical superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may on his or her own motion, and shall on the order of the State Department of State Hospitals, discharge a patient who comes within any of the following descriptions: (1) Who is not a proper case for treatment therein. (2) Who has a developmental disability or a chronic harmless mental health disorder. (b) The person, when discharged, shall be returned to the county of his or her residence at the expense of the county, and delivered to the sheriff or other appropriate county official to be designated by the board of supervisors, for delivery to the official or agency in that county charged with the responsibility for the person. Should the person be a poor and indigent person, he or she shall be cared for by the county as are other indigent poor. (c) No person who has been discharged from a state hospital under the provisions of paragraph (2) of subdivision (a) shall be again committed to a state hospital unless he or she is subject to judicial commitment. (Amended by Stats. 2014, Ch. 144, Sec. 131. (AB 1847) Effective January 1, 2015.)

Last verified: January 23, 2026

Key Terms

treatmentdisabilitymedicalhospitalpatientmotionhealthrelease

Related Statutes

  • § 305 Emergency Minor Custody Authority
  • § 5309 Early Release For Safety
  • § 5328.2 Patient Movement And Records
  • § 5332 Antipsychotic Medication Consent Rules
  • § 5333 Capacity Hearing Representation Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 7362.
View Official Source