BILL NUMBER: SB 916	CHAPTERED  10/05/07

	CHAPTER  308
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2007
	APPROVED BY GOVERNOR  OCTOBER 5, 2007
	PASSED THE SENATE  SEPTEMBER 4, 2007
	PASSED THE ASSEMBLY  AUGUST 30, 2007
	AMENDED IN ASSEMBLY  JULY 17, 2007
	AMENDED IN ASSEMBLY  JUNE 20, 2007
	AMENDED IN SENATE  MAY 1, 2007
	AMENDED IN SENATE  APRIL 17, 2007

INTRODUCED BY   Senator Yee

                        FEBRUARY 23, 2007

   An act to amend Section 1799.111 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 916, Yee. Acute psychiatric hospitals: patient detention and
release.
   Existing law exempts a licensed general acute care hospital, as
defined, licensed professional staff of the hospital, or any
physician and surgeon, providing emergency medical services to a
person at the hospital from civil and criminal liability for
detaining a person, or for the actions of the person after release
from the hospital, if certain conditions exist, including, among
other things, that the person is not detained beyond 8 hours.
   This bill would revise and recast the immunity provisions to in
part exempt a licensed acute psychiatric hospital that is not a
specified mental health facility designated by the county, or
licensed general acute care hospital that is not a specified mental
health facility designated by the county, from civil or criminal
liability for detaining a person under specified conditions, and
would increase the maximum period of detention to 24 hours. The bill
would impose additional conditions applicable when the detention is
for more than 8, but less than 24 hours.
   The bill would recast the immunity provisions for conduct of the
person after release by establishing additional conditions,
including, but not limited to, conditions applicable to release by a
clinical psychologist, and conditions applicable when the physician
and surgeon and the clinical psychologist disagree.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1799.111 of the Health and Safety Code is
amended to read:
   1799.111.  (a) A licensed general acute care hospital, as defined
by subdivision (a) of Section 1250, that is not a county-designated
facility pursuant to Section 5150 of the Welfare and Institutions
Code, a licensed acute psychiatric hospital, as defined in
subdivision (b) of Section 1250, that is not a county-designated
facility pursuant to Section 5150 of the Welfare and Institutions
Code, licensed professional staff of those hospitals, or any
physician and surgeon, providing emergency medical services in any
department of those hospitals to a person at the hospital shall not
be civilly or criminally liable for detaining a person who is subject
to detention pursuant to Section 5150 of the Welfare and
Institutions Code, if all of the following conditions exist during
the detention:
   (1) The person cannot be safely released from the hospital
because, in the opinion of the treating physician and surgeon, or a
clinical psychologist with the medical staff privileges, clinical
privileges, or professional responsibilities provided in Section
1316.5, the person, as a result of a mental disorder, presents a
danger to himself or herself, or others, or is gravely disabled. For
purposes of this paragraph, "gravely disabled" means an inability to
provide for his or her basic personal needs for food, clothing, or
shelter.
   (2) The hospital staff, treating physician and surgeon, or
appropriate licensed mental health professional, have made, and
documented, repeated unsuccessful efforts to find appropriate mental
health treatment for the person.
   (3) The person is not detained beyond 24 hours.
   (4) There is probable cause for the detention.
   (5) If the person is detained beyond eight hours, but less than 24
hours, all of the following additional conditions shall be met:
   (A) A transfer for appropriate mental health treatment for the
person has been delayed because of the need for continuous and
ongoing care, observation, or treatment that the hospital is
providing.
   (B) In the opinion of the treating physician and surgeon, or a
clinical psychologist with the medical staff privileges or
professional responsibilities provided for in Section 1316.5, the
person, as a result of a mental disorder, is still a danger to
himself or herself, or others, or is gravely disabled, as defined in
paragraph (1) of subdivision (a).
   (b) In addition to the conditions set forth in subdivision (a), a
licensed general acute care hospital, as defined by subdivision (a)
of Section 1250 that is not a county-designated facility pursuant to
Section 5150 of the Welfare and Institutions Code, a licensed acute
psychiatric hospital as defined by subdivision (b) of Section 1250
that is not a county-designated facility pursuant to Section 5150 of
the Welfare and Institutions Code, licensed professional staff of
those hospitals, or any physician and surgeon, providing emergency
medical services in any department of those hospitals to a person at
the hospital shall not be civilly or criminally liable for the
actions of a person detained up to 24 hours in those hospitals who is
subject to detention pursuant to Section 5150 of the Welfare and
Institutions Code after that person's release from the detention at
the hospital, if all of the following conditions exist during the
detention:
   (1) The person has not been admitted to a licensed general acute
care hospital or a licensed acute psychiatric hospital for evaluation
and treatment pursuant to Section 5150 of the Welfare and
Institutions Code.
   (2) The release from the licensed general acute care hospital or
the licensed acute psychiatric hospital is authorized by a physician
and surgeon or a clinical psychologist with the medical staff
privileges or professional responsibilities provided for in Section
1316.5, who determines, based on a face-to-face examination of the
person detained, that the person does not present a danger to himself
or herself or others and is not gravely disabled, as defined in
paragraph (1) of subdivision (a). In order for this paragraph to
apply to a clinical psychologist, the clinical psychologist shall
have a collaborative treatment relationship with the physician and
surgeon. The clinical psychologist may authorize the release of the
person from the detention, but only after he or she has consulted
with the physician and surgeon. In the event of a clinical or
professional disagreement regarding the release of a person subject
to the detention, the detention shall be maintained unless the
hospital's medical director overrules the decision of the physician
and surgeon opposing the release. Both the physician and surgeon and
the clinical psychologist shall enter their findings, concerns, or
objections in the person's medical record.
   (c) Nothing in this section shall affect the responsibility of a
general acute care hospital or an acute psychiatric hospital to
comply with all state laws and regulations pertaining to the use of
seclusion and restraint and psychiatric medications for psychiatric
patients. Persons detained under this section shall retain their
legal rights regarding consent for medical treatment.
   (d) A person detained under this section shall be credited for the
time detained, up to 24 hours, in the event he or she is placed on a
subsequent 72-hour hold pursuant to Section 5150 of the Welfare and
Institutions Code.
   (e) The amendments to this section made by the act adding this
subdivision shall not be construed to limit any existing duties for
psychotherapists contained in Section 43.92 of the Civil Code.
   (f) Nothing in this section is intended to expand the scope of
licensure of clinical psychologists.