Amended in Senate May 7, 2013

Amended in Senate April 15, 2013

Amended in Senate April 4, 2013

Senate BillNo. 364


Introduced by Senator Steinberg

February 20, 2013


An act to amend Sections 5001, 5008, 5150,begin delete and 5151end deletebegin insert 5151, and 5259.3end insert of, to add Sections 5013 and 5121 to, and to repeal Sections 5150.3, 5156, and 5157 of, the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

SB 364, as amended, Steinberg. Mental health.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders and for the protection of the persons so committed. Existing law states the intent of the Legislature, with regard to this act, including to end inappropriate, indefinite, and involuntary commitment of mentally disordered persons, developmentally disabled persons, and persons impaired by chronic alcoholism, and to eliminate legal disabilities and to protect mentally disordered persons and developmentally disabled persons.

This bill would state the intent of the Legislature, additionally, to provide consistent standards for protection of the personal rights of persons who are subject to involuntary detention and to provide services in the least restrictive setting appropriate to the needs of the person, as well as making technical changes.

This bill would encourage each county mental health department to post on its Internet Web site a current list, to be updated at least annually, of ambulatory services and other resources for persons with mental health disorders and substance abuse in the county that may be accessed by providers and consumers of mental health services.

Under existing law, when a person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. Existing law specifies advisements that are to be given to the person prior to involuntary commitment.

This bill would authorize a county health director to develop procedures for the county’s designation and training of professionals who will be designated to perform functions relating to the 72-hour treatment and evaluation. The bill would require the facilities for 72-hour treatment and evaluation to be licensed or certified as mental health treatment facilities by the State Department of Health Care Services or the State Department of Public Health. The bill would also authorize a professional person in charge of an evaluation facility to take custody of a person for this purpose, but would remove that ability for a designated member of a mobile crisis team. The bill would make prescribed changes to the advisements given when the person is taken into custody and when the person is admitted to the facility.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 5001 of the Welfare and Institutions Code
2 is amended to read:

P3    1

5001.  

The provisions of this part shall be construed to promote
2the legislative intent as follows:

3(a) To end the inappropriate, indefinite, and involuntary
4commitment of persons withbegin delete severeend delete mental health disorders,
5developmental disabilities, and chronic alcoholism, and to eliminate
6legal disabilities.

7(b) To provide prompt evaluation and treatment of persons with
8mental health disorders or impaired by chronic alcoholism.

9(c) To guarantee and protect public safety.

10(d) To safeguard individual rights through judicial review.

11(e) To provide individualized treatment, supervision, and
12placement services by a conservatorship program for persons who
13are gravely disabled.

14(f) To encourage the full use of all existing agencies,
15professional personnel, and public funds to accomplish these
16objectives and to prevent duplication of services and unnecessary
17expenditures.

18(g) To protect persons with mental health disorders and
19developmental disabilities from criminal acts.

20(h) To provide consistent standards for protection of the personal
21rights of persons receiving services under this part and under Part
221.5 (commencing with Section 5585).

23(i) To provide services in the least restrictive setting appropriate
24to the needs of each person receiving services under this part and
25under Part 1.5 (commencing with Section 5585).

26

SEC. 2.  

Section 5008 of the Welfare and Institutions Code is
27amended to read:

28

5008.  

Unless the context otherwise requires, the following
29definitions shall govern the construction of this part:

30(a) “Evaluation” consists of multidisciplinary professional
31analyses of a person’s medical, psychological, educational, social,
32financial, and legal conditions as may appear to constitute a
33problem. Persons providing evaluation services shall be properly
34qualified professionals and may be full-time employees of an
35agency providing face-to-face or telehealth evaluation services or
36may be part-time employees or may be employed on a contractual
37basis.

38(b) “Court-ordered evaluation” means an evaluation ordered by
39a superior court pursuant to Article 2 (commencing with Section
P4    15200) or by a court pursuant to Article 3 (commencing with Section
25225) of Chapter 2.

3(c) “Intensive treatment” consists of such hospital and other
4services as may be indicated. Intensive treatment shall be provided
5by properly qualified professionals and carried out in facilities
6qualifying for reimbursement under the California Medical
7Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing
8with Section 14000) of Part 3 of Division 9, or under Title XVIII
9of the federal Social Security Act and regulations thereunder.
10Intensive treatment may be provided in hospitals of the United
11States government by properly qualified professionals. Nothing
12in this part shall be construed to prohibit an intensive treatment
13facility from also providing 72-hour treatment and evaluation.

14(d) “Referral” is referral of persons by each agency or facility
15providing intensive treatment or evaluation services to other
16agencies or individuals. The purpose of referral shall be to provide
17for continuity of care, and may include, but need not be limited
18to, informing the person of available services, making appointments
19on the person’s behalf, discussing the person’s problem with the
20agency or individual to which the person has been referred,
21appraising the outcome of referrals, and arranging for personal
22escort and transportation when necessary. Referral shall be
23considered complete when the agency or individual to whom the
24person has been referred accepts responsibility for providing the
25necessary services. All persons shall be advised of available precare
26services that prevent initial recourse to hospital treatment or
27aftercare services that support adjustment to community living
28following hospital treatment. These services may be provided
29through county mental health departments, State Department of
30State Hospitals, Short-Doyle programs, or other local agencies.

31Each agency or facility providing evaluation services shall
32maintain a current and comprehensive file of all community
33services, both public and private. These files shall contain current
34agreements with agencies or individuals accepting referrals, as
35well as appraisals of the results of past referrals.

36(e) “Crisis intervention” consists of an interview or series of
37interviews within a brief period of time, conducted by qualified
38professionals, and designed to alleviate personal or family
39situations which present a serious and imminent threat to the health
40or stability of the person or the family. The interview or interviews
P5    1may be conducted in the home of the person or family, or on an
2inpatient or outpatient basis with such therapy, or other services,
3as may be appropriate. The interview or interviews may include
4family members, significant support persons, providers, or other
5entities or individuals, as appropriate and as authorized by law.
6Crisis intervention may, as appropriate, include suicide prevention,
7psychiatric, welfare, psychological, legal, or other social services.

8(f) “Prepetition screening” is a screening of all petitions for
9court-ordered evaluation as provided in Article 2 (commencing
10with Section 5200) of Chapter 2, consisting of a professional
11review of all petitions; an interview with the petitioner and,
12whenever possible, the person alleged, as a result of a mental health
13disorder, to be a danger to others, or to himself or herself, or to be
14gravely disabled, to assess the problem and explain the petition;
15when indicated, efforts to persuade the person to receive, on a
16voluntary basis, comprehensive evaluation, crisis intervention,
17referral, and other services specified in this part.

18(g) “Conservatorship investigation” means investigation by an
19agency appointed or designated by the governing body of cases in
20which conservatorship is recommended pursuant to Chapter 3
21(commencing with Section 5350).

22(h) (1) For purposes of Article 1 (commencing with Section
235150), Article 2 (commencing with Section 5200), and Article 4
24(commencing with Section 5250) of Chapter 2, and for the purposes
25of Chapter 3 (commencing with Section 5350), “gravely disabled”
26means either of the following:

27(A) A condition in which a person, as a result of a mental health
28disorder, is unable to provide for his or her basic personal needs
29for food, clothing, or shelter.

30(B) A condition in which a person, has been found mentally
31incompetent under Section 1370 of the Penal Code and all of the
32following facts exist:

33(i) The indictment or information pending against the person at
34the time of commitment charges a felony involving death, great
35bodily harm, or a serious threat to the physical well-being of
36another person.

37(ii) The indictment or information has not been dismissed.

38(iii) As a result of a mental health disorder, the person is unable
39to understand the nature and purpose of the proceedings taken
P6    1against him or her and to assist counsel in the conduct of his or
2her defense in a rational manner.

3(2) For purposes of Article 3 (commencing with Section 5225)
4and Article 4 (commencing with Section 5250), of Chapter 2, and
5for the purposes of Chapter 3 (commencing with Section 5350),
6“gravely disabled” means a condition in which a person, as a result
7of impairment by chronic alcoholism, is unable to provide for his
8or her basic personal needs for food, clothing, or shelter.

9(3) The term “gravely disabled” does not include persons with
10intellectual disabilities by reason of that disability alone.

11(i) “Peace officer” means a duly sworn peace officer as that
12term is defined in Chapter 4.5 (commencing with Section 830) of
13Title 3 of Part 2 of the Penal Code who has completed the basic
14training course established by the Commission on Peace Officer
15Standards and Training, or any parole officer or probation officer
16specified in Section 830.5 of the Penal Code when acting in relation
17to cases for which he or she has a legally mandated responsibility.

18(j) “Postcertification treatment” means an additional period of
19treatment pursuant to Article 6 (commencing with Section 5300)
20of Chapter 2.

21(k) “Court,” unless otherwise specified, means a court of record.

22(l) “Antipsychotic medication” means any medication
23customarily prescribed for the treatment of symptoms of psychoses
24and other severe mental and emotional disorders.

25(m) “Emergency” means a situation in which action to impose
26treatment over the person’s objection is immediately necessary
27for the preservation of life or the prevention of serious bodily harm
28to the patient or others, and it is impracticable to first gain consent.
29It is not necessary for harm to take place or become unavoidable
30prior to treatment.

31

SEC. 3.  

Section 5013 is added to the Welfare and Institutions
32Code
, to read:

33

5013.  

(a) It is the intent of the Legislature that referrals
34between facilities, providers, and other organizations shall be
35facilitated by the sharing of information and records in accordance
36with Section 5328 and applicable federal and state laws.

37(b) Each county mental health department’s Internet Web site
38is encouraged to include a current list of ambulatory services and
39other resources for persons with mental health disorders and
40substance abuse in the county that may be accessed by providers
P7    1and consumers of mental health services. The list of services on
2the Internet Web site should be updated at least annually by the
3county.

4

SEC. 4.  

Section 5121 is added to the Welfare and Institutions
5Code
, to read:

6

5121.  

The county mental health director may develop
7procedures for the county’s designation and training of
8professionals who will be designated to perform functions under
9Section 5150. These procedures may include, but are not limited
10to, the following:

11(a) The license types, practice disciplines, and clinical
12experience of professionals eligible to be designated by the county.

13(b) The initial and ongoing training and testing requirements
14for professionals eligible to be designated by the county.

15(c) The application and approval processes for professionals
16seeking to be designated by the county, including the timeframe
17for initial designation and procedures for renewal of the
18designation.

19(d) The county’s process for monitoring and reviewing
20professionals designated by the county to ensure appropriate
21compliance with state law, regulations, and county procedures.

22

SEC. 5.  

Section 5150 of the Welfare and Institutions Code is
23amended to read:

24

5150.  

(a) When a person, as a result of a mental health
25disorder, is a danger to others, or to himself or herself, or gravely
26disabled, a peace officer, professional person in charge of an
27evaluation facility designated by the county, member of the
28attending staff, as defined by regulation, of an evaluation facility
29designated by thebegin delete county ,end deletebegin insert county, designated members of a mobile
30crisis team,end insert
or professional person designated by the county may,
31upon probable cause, take, or cause to be taken, the person into
32custody for assessment, evaluation, and crisis intervention, or place
33him or her in a facility designated by the county as a facility for
34begin insert 72-hourend insert evaluation and treatment. These facilities shall be licensed
35or certified as mental health treatment facilitiesbegin insert or hospitals, as
36defined in subdivision (a) or (b) of Section 1250 of the Health and
37Safety Code, end insert
by the State Department of Health Care Services or
38the State Department of Public Health. Assessment, as defined in
39Section 5150.4, and evaluation and crisis intervention, as defined
40in subdivisions (a) and (e) of Section 5008, may be provided by a
P8    1professional person in charge of an evaluation facility designated
2by the county, or by a professional person designated by the county.

3(b) If in the judgment of the professional person designated by
4the county or professional person in charge of the facility
5designated by the county providing evaluation and treatment, or
6his or her designee, the person can be properly served without
7being detained, he or she shall be provided evaluation, crisis
8intervention, or other inpatient or outpatient services on a voluntary
9basis. Nothing in this subdivision shall be interpreted to prevent
10a peace officer from delivering individuals to a designated facility
11for assessment under this section. Furthermore, the assessment
12requirement of this section shall not be interpreted to require peace
13officers to perform any additional duties other than those specified
14in Sections 5150.1 and 5150.2.

15(c) Whenever a person is evaluated by a professional person
16designated by the county or a professional person in charge of a
17facility designated by the county and is found to be in need of
18mental health services, but is not admitted to the facility, all
19available alternative services provided for pursuant to Section 5151
20shall be offered as determined by the county mental health director.

21(d) If, in the judgment of the peace officer, member of the
22attending staff, the professional person designated by the county,
23or the professional person in charge of a designated facility, the
24person cannot be properly served without being detained, the
25facility shall require an application in writing stating the
26circumstances under which the person’s condition was called to
27the attention of the peace officer, member of the attending staff,
28or professional person, and stating that the peace officer, member
29of the attending staff, or professional person has probable cause
30to believe that the person is, as a result of a mental health disorder,
31a danger to others, or to himself or herself, or gravely disabled. If
32the probable cause is based on the statement of a person other than
33the peace officer, member of the attending staff, or professional
34person, the identity of the person and portions of the person’s
35statement relevant to the determination of probable cause shall be
36documented in the application and the person giving the statement
37shall be liable in a civil action for intentionally giving a statement
38which he or she knows to be false. A copy of the application shall
39be provided to the person being detained.

P9    1(e) At the time a person is taken into custody for evaluation, or
2within a reasonable time thereafter, unless a responsible relative
3or the guardian or conservator of the person is in possession of the
4person’s personal property, the person taking him or her into
5custody shall take reasonable precautions to preserve and safeguard
6the personal property in the possession of or on the premises
7occupied by the person. The person taking him or her into custody
8shall then furnish to the court a report generally describing the
9person’s property so preserved and safeguarded and its disposition,
10in substantially the form set forth in Section 5211, except that if
11a responsible relative or the guardian or conservator of the person
12is in possession of the person’s property, the report shall include
13only the name of the relative or guardian or conservator and the
14location of the property, whereupon responsibility of the person
15taking him or her into custody for that property shall terminate.
16As used in this section, “responsible relative” includes the spouse,
17parent, adult child, domestic partner, grandparent, grandchild, or
18adult brother or sister of the person.

19(f) (1) Each person, at the time he or she is first taken into
20custody under this section, shall be provided, by the person who
21takes him or her into custody, the following information orally in
22a language or modality accessible to the person. If the person
23cannot understand an oral advisement, the information shall be
24provided in writing. The information shall be in substantially the
25following form:


26

 

My name is    .

I am a     .

(peace officer/mental health professional)

with     .

(name of agency)

You are not under criminal arrest, but I am taking you for an examination by mental health professionals at     .

   

(name of facility)

You will be told your rights by the mental health staff.

P9   37282924P9   28

 

38(2) If taken into custody at his or her own residence, the person
39shall also be provided the following information:


P10   2You may bring a few personal items with you, which I will have
3to approve. Please inform me if you need assistance turning off
4any appliance or water. You may make a phone call and leave a
5note to tell your friends or family where you have been taken.


7(g) The designated facility shall keep, for each patient evaluated,
8a record of the advisement given pursuant to subdivision (f) which
9shall include all of the following:

10(1) The name of the person detained for evaluation.

11(2) The name and position of the peace officer or mental health
12professional taking the person into custody.

13(3) The date the advisement was completed.

14(4) Whether the advisement was completed.

15(5) The language or modality used to give the advisement.

16(6) If the advisement was not completed, a statement of good
17cause, as defined by regulations of the State Department of Social
18Services.

19(h) (1) Each person admitted to a designated facility for
20evaluation and treatment shall be given the following information
21by admission staff at the evaluation unit. The information shall be
22given orally and in writing and in a language or modality accessible
23to the person. The written information shall be available to the
24person in English and in the language that is the person’s principal
25means of communication. Accommodations for other disabilities
26that may impact communication shall also be made. The
27information shall be in substantially the following form:

 

My name is    .

My position here is    .

 You are being placed into the psychiatric unit because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):

  ◻ Harm yourself.
  ◻ Harm someone else.
  ◻ Be unable to take care of your own food, clothing, and housing needs.
We feel this is true because

   

(list of the facts upon which the allegation of dangerous
or gravely disabled due to mental disorder is based, including pertinent
facts arising from the admission interview).

 You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be treated at a facility of your choice. You will be given a choice of treatment providers.begin insert However, while we make an effort to honor these requests, we cannot guarantee that you will be treated by a specific facility or provider.end insert

 During these 72 hours you will be evaluated by the hospital staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.

 If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at    .

(phone number for the county Patients’ Rights Advocacy office)

24P9   28

 

21(2) If the notice is given in a county where weekends and
22holidays are excluded from the 72-hour period, the patient shall
23also be given the following information:

 

The 72-hour period does not include weekends or holidays. Your 72-hour period began    .

(date/time)

P9   28

 

29(i) For each patient admitted for 72-hour evaluation and
30treatment, the facility shall keep with the patient’s medical record
31a record of the advisement given pursuant to subdivision (h), which
32shall include all of the following:

33(1) The name of the person performing the advisement.

34(2) The date of the advisement.

35(3) Whether the advisement was completed.

36(4) The language or modality used to communicate the
37advisement.

38(5) If the advisement was not completed, a statement of good
39cause.

P12   1

SEC. 6.  

Section 5150.3 of the Welfare and Institutions Code
2 is repealed.

3

SEC. 7.  

Section 5151 of the Welfare and Institutions Code is
4amended to read:

5

5151.  

If the facility for 72-hour treatment and evaluation admits
6the person, it may detain him or her for evaluation and treatment
7for a period not to exceed 72 hours. Saturdays, Sundays, and
8holidays may be excluded from the 72-hour period if the State
9Department of Health Care Services certifies for each facility that
10evaluation and treatment services cannot reasonably be made
11available on those days. The certification by the department is
12subject to renewal every two years. The department shall adopt
13regulations defining criteria for determining whether a facility can
14reasonably be expected to make evaluation and treatment services
15available on Saturdays, Sundays, and holidays.

16Prior to admitting a person to the facility for 72-hour treatment
17and evaluation pursuant to Section 5150, the professional person
18in charge of the facility or his or her designee shall assess the
19individual in person to determine the appropriateness of the
20involuntary detention.

21

SEC. 8.  

Section 5156 of the Welfare and Institutions Code is
22repealed.

23

SEC. 9.  

Section 5157 of the Welfare and Institutions Code is
24repealed.

25begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 5259.3 of the end insertbegin insertWelfare and Institutions Codeend insert
26begin insert is amended to read:end insert

27

5259.3.  

(a) Notwithstanding Section 5113, if the provisions
28of Section 5257 have been met, the professional person in charge
29of the facility providing intensive treatment, his or her designee,
30begin insert the professional person designated by the county,end insert the medical
31director of the facility or his or her designee described in Section
325257, the psychiatrist directly responsible for the person’s
33treatment, or the psychologist shall not be held civilly or criminally
34liable for any action by a person released before the end of 14 days
35pursuant to this article.

36(b) The professional person in charge of the facility providing
37intensive treatment, his or her designee,begin insert the professional person
38designated by the county,end insert
the medical director of the facility or his
39or her designee described in Section 5257, the psychiatrist directly
40responsible for the person’s treatment, or the psychologist shall
P13   1not be held civilly or criminally liable for any action by a person
2released at the end of the 14 days pursuant to this article.

3(c) The attorney or advocate representing the person, the
4court-appointed commissioner or referee, the certification review
5hearing officer conducting the certification review hearing, and
6the peace officer responsible for the detainment of the person shall
7not be civilly or criminally liable for any action by a person
8released at or before the end of 14 days pursuant to this article.

9(d) The amendments to this section made by Assembly Bill 348
10of the 2003-04 Regular Session shall not be construed to revise
11or expand the scope of practice of psychologists, as defined in
12Chapter 6.6 (commencing with Section 2900) of Division 2 of the
13Business and Professions Code.

14

begin deleteSEC. 10.end delete
15begin insertSEC. 11.end insert  

If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.



O

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