BILL NUMBER: AB 2397	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 24, 2012

   An act to add  and repeal  Section 4140  to
  of  the Welfare and Institutions Code, relating
to mental health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2397, as amended, Allen. Mental health: state hospitals:
ancillary clinical staff-to-patient ratios.
   Existing law provides for state hospitals for the care, treatment,
and education of mentally disordered persons. These hospitals are
under the jurisdiction of the State Department of Mental Health,
which is authorized by existing law to adopt regulations regarding
the conduct and management of these facilities.
   This bill would require these state hospitals to have, at a
minimum, an ancillary clinical staff-to-patient ratio of  1 to 15
for admissions teams and  1 to 25  for all other teams, as
specified,  for each applicable staff classification, based on
the facility's licensed bed capacity with a specified shift relief
factor.  The bill would require the department to reimburse an
independent entity to conduct a review and analysis of staffing
ratios to determine the appropriate levels for effective patient
treatment, and would require a report with findings to be submitted
to the Legislature by August 1, 2013.  
   This bill would repeal these provisions on January 1, 2015. 

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4140 is added to the Welfare and Institutions
Code, to read:
   4140.  (a) A state hospital under the jurisdiction of the State
Department of Mental Health shall have, at a minimum, an ancillary
clinical staff-to-patient ratio of  1 to 15 for admissions teams
and  1 to 25 for  all other teams at any point in time for
 each applicable staff classification.
   (b) The ancillary clinical staff-to-patient ratios shall be based
on the facility's licensed bed capacity with a shift relief factor of
0.2, as calculated by the State Department of Mental Health, to
reflect absences, such as those due to illness, vacation, and
training.
   (c) For the purposes of this section,  ancillary clinical
staff includes, but is not limited to, psychiatric, psychological,
social worker, and rehabilitative staff.   "ancillary
clinical staff" means any of the following:  
   (1) Treating psychiatrist.  
   (2) Treating psychologist.  
   (3) Treating rehabilitation therapist.  
   (4) Treating social worker.  
   (d) (1) To the extent permitted by the California Constitution and
Section 19130 of the Government Code, the State Department of Mental
Health shall reimburse an independent entity for the purposes of
conducting a review and analysis of staffing ratios to determine the
appropriate levels for effective patient treatment. The State
Department of Mental Health shall provide information to this entity
as necessary for it to complete its analysis and provide
recommendations. It is the intent of the Legislature that the State
Department of Mental Health request the independent entity to
complete this analysis by March 1, 2013. A report shall be submitted
to the Legislature by August 1, 2013, regarding the independent
entity's findings to ensure state hospitals are making progress and
to enable the Legislature to consider further action that may be
necessary during the subsequent legislative year.  
   (2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
   (e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.