BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 364
          AUTHOR:        Steinberg
          AMENDED:       April 15, 2013
          HEARING DATE:  April 24, 2013
          CONSULTANT:    Bain

           SUBJECT  :  Mental Health.
           
          SUMMARY  :  Broadens the types of facilities that can be used for  
          purposes of a 72-hour treatment and evaluation under Section  
          5150 of the Lanterman-Petris-Short Act (LPS Act) for individuals  
          with a mental health disorder to include facilities licensed or  
          certified as mental health treatment facilities by the  
          Department of Health Care Services (DHCS) or the Department of  
          Public Health (DPH). Permits county mental health directors to  
          develop procedures for the designation and training of  
          professionals who will be designated to perform functions under  
          Section 5150. 

          Existing law:
          1.Provides, under the LPS Act, for the involuntary commitment  
            and treatment of individuals with specified mental disorders  
            and for the protection of committed individuals.

          2.States legislative intent regarding the LPS Act, which  
            includes ending inappropriate, indefinite, and involuntary  
            commitment of mentally disordered persons, developmentally  
            disabled persons, and persons impaired by chronic alcoholism,  
            and eliminating legal disabilities and protecting mentally  
            disordered persons and developmentally disabled persons.

          3.Authorizes, under Section 5150 of the LPS Act, a peace  
            officer, member of the attending staff of an evaluation  
            facility designated by the county, or other professional  
            person designated by the county, upon probable cause, to take  
            a person with a mental disorder who is a danger to himself or  
            herself, a danger to others, or who is gravely disabled, into  
            custody and place him or her in a facility designated by the  
            county and approved as a facility for 72-hour treatment and  
            evaluation.

          4.Requires a person who is taking into custody for a 72-hour  
            treatment and evaluation to be provided specified information  
                                                         Continued---



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            orally, and requires a person who is admitted for a 72-hour  
            evaluation and treatment to be provided specified information.
          
          This bill:
          1.Broadens existing legislative intent language in the LPS Act  
            to provide prompt evaluation and treatment of persons with  
            mental health disorders, instead of "serious" mental health  
            disorders in existing law.

          2.Adds to existing legislative intent regarding the LPS Act (a)  
            to provide consistent standards for protection of the personal  
            rights of persons receiving services under the LPS Act and  
            under the Children's Civil Commitment and Mental Health  
            Treatment Act of 1988 and (b) to provide services in the least  
            restrictive setting appropriate to the needs of each person  
            receiving services under those two bodies of law.

          3.Updates definitions within the LPS Act by clarifying that  
            "telehealth" is included within the definition of  
            "evaluation," by including within the definition of "crisis  
            intervention" to clarify that the interview or interviews  
            conducted as part of crisis intervention may include family  
            members, significant support persons, providers, or other  
            entities or individuals, as appropriate and as authorized by  
            law.

          4.States legislative intent that referrals between facilities,  
            providers, and other organizations be facilitated by the  
            sharing of information and records in accordance with  
            applicable federal and state laws and an existing law  
            provision requiring confidentiality of information and  
            records.

          5.Encourages each county mental health department's Internet Web  
            site to include a current list 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. Encourages  
            the list of services on the Internet Web site to be updated at  
            least annually by the county.

          6.Permits the county mental health director to develop  
            procedures for the county's designation and training of  
            professionals who will be designated to perform functions  
            under Section 5150. Permits these procedures to include, but  
            are not limited to, the following:




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                  a.        The license types, practice disciplines, and  
                    clinical experience of professionals eligible to be  
                    designated by the county;
                  b.        The initial and ongoing training and testing  
                    requirements for professionals eligible to be  
                    designated by the county;
                  c.        The application and approval processes for  
                    professionals seeking to be designated by the county,  
                    including the timeframe for initial designation and  
                    procedures for renewal of the designation; and
                  d.        The county's process for monitoring and  
                    reviewing professionals designated by the county to  
                    ensure appropriate compliance with state law,  
                    regulations, and county procedures.

          7.Clarifies that a "professional person in charge of an  
            evaluation facility designated by the county" may take or  
            cause to taken a person with a mental disorder for a 72-hour  
            treatment and evaluation. 

          8.Permits a person with a mental health disorder to be taken  
            into custody for assessment evaluation and treatment or placed  
            in a facility, instead of being placed in a facility under  
            existing law.

          9.Requires the facility, for purposes of a 72-hour treatment and  
            evaluation, to be licensed or certified as mental health  
            treatment facility by the Department of Health Care Services  
            or the Department of Public Health (instead of "approved" by  
            the Department of Social Services as a facility for 72-hour  
            treatment and evaluation under existing law).

          10.  Permits assessment, evaluation and crisis intervention to  
            be provided by a professional person in charge of an  
            evaluation facility designated by the county, or by a  
            professional person designated by the county. 

          11.  Requires "a professional person designated by the county"  
            to provide evaluation, crisis intervention or other inpatient  
            or outpatient services on a voluntary basis, if the person can  
            be properly served without being detained (current law limits  
            who can perform evaluation, crisis intervention and other  
            inpatient and outpatient services to "professional persons in  
            charge of the facility designated by the county").




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          12.  Requires, if probable cause for detaining a person is based  
            on a statement of a person other than a peace officer, member  
            of the attending staff, or professional person, the identify  
            of the person and portions of the person's statement relevant  
            to the determination of probable cause to be documented in the  
            application, and requires a copy of the application to be  
            provided to the person being detained.

          13.  Expands the definition of "responsible relative" for  
            purposes of documenting who can take possession of the  
            property of a person with a mental illness who has been taken  
            into custody to include a domestic partner, grandparent or  
            grandchild. 

          14.  Requires the oral advisements currently required to be  
            given to a person when he or she is first taken into custody  
            be provided in a language or modality accessible to the  
            person.  Requires, if the person cannot understand an oral  
            advisement, the information to be provided in writing.  
            Requires the person be told to inform the person taking him or  
            her into custody if the individual needs assistance turning  
            off any appliance or water. Requires, when a person is  
            admitted to a designated facility, accommodations for other  
            disabilities that may impact communication to be made.

          15.  Requires, when a person is admitted to a designated  
            facility, the information he or she is provided include that  
            the individual can request to be treated at a facility of  
            their choice, and that the person will be given a choice of  
            providers. Requires the person be told he or she can contact  
            the county's Patients' Rights Advocates if they have questions  
            about their legal rights.

          16.  Requires, for each patient admitted for a 72-hour  
            evaluation and treatment, the facility to keep in the  
            patient's record the language or modality used to communicate  
            the advisement.

          17.  Updates language in the LPS Act (such as changing "mentally  
            disordered persons" to "persons with mental health disorders")  
            and rearranges provisions of the LPS Act to have the statute  
            align with the sequence of events and to move provisions  
            dealing with voluntary treatment earlier in the statute.






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           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee

           COMMENTS  :  
           1.Author's statement. Unfortunately, Section 5150 of Welfare and  
            Institutions Code has become part of a modern day vernacular  
            that implies an individual is being locked-up, and put away.   
            SB 364 is intended to change this construct by making focused  
            changes to this section of the landmark LPS Act which was, and  
            remains to this day, a civil rights act for persons with  
            mental health disorders to ensure their personal rights. SB  
            364 makes several fundamental changes. First, it broadens the  
            types of facilities a county can designate for 5150 purposes  
            to include licensed facilities, such as psychiatric hospital  
            facilities, free-standing acute psychiatric hospitals and  
            psychiatric units in general hospitals, as well as certified  
            facilities such as crisis stabilization units. This will  
            provide counties with more options for assisting clients with  
            significant and grave needs, can assist in alleviating  
            emergency room wait times for this client population, and most  
            importantly, can offer a less restrictive environment for a  
            client to receive necessary assistance.  

          Second, this bill authorizes county mental health directors to  
            develop procedures for the county designation of LPS  
            facilities and the training of professionals who perform the  
            functions of Section 5150. This change will improve  
            consistency across counties for the application of 5150  
            protocols as well as serve as a quality improvement tool for  
            professionals to be specifically trained in the 5150 process.

          Further, SB 364 restructures and recasts several provisions of  
            the 5150 process to more clearly articulate the sequencing of  
            events, as well as the need for mental health treatment. It  
            clarifies upfront that if a person can be treated without  
            being detained, they can be transitioned for evaluation,  
            crisis intervention or other inpatient or outpatient services  
            on a voluntary basis.  
           
          2.5150 of the LPS Act. Section 5150 law allows peace officers,  
            member of the attending staff of an evaluation facility  
            designated by the county, or other professional person  
            designated by the county to take an individual into custody if  
            they believe that, due to a mental disorder, an individual is:




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          a. A danger to himself or herself;
            b.   A danger to others; or
            c.   Gravely disabled (gravely disabled is defined as a  
            condition in which a person, as a result of a mental disorder,  
            is unable to provide for his or her basic personal needs for  
            food, clothing or shelter).

            Under existing law, the person taking an individual into  
            custody must take reasonable pre-cautions to safeguard their  
            property, advise the individual that this is not a criminal  
            arrest, allow the individual to gather some personal things to  
            bring with them, and allow the individual to make a phone  
            call. The professional staff of the county designated facility  
            may detain the individual for up to 72 hours if the staff  
            finds that the individual meets the 5150 criteria. The  
            individual must be given written notice of why he or she is  
            being held, and he or she must be evaluated. The evaluation  
            consists of a multidisciplinary analysis of the individual's  
            medical, psychological, educational, social, financial and  
            legal situation. 

          3.Double referral. This bill is double referred. Should it pass  
            out of this committee, it will be referred to the Senate  
            Committee on Rules.
          
          4.Support if amended. The California Mental Health Directors  
            Association (CMHDA) writes that it appreciates that the bill  
            has been amended as suggested by CMHDA to provide a number of  
            helpful clarifications to the LPS Act, while upholding the  
            original intent of these landmark civil rights statute,  
            including:


               a.     Clarifying that telehealth evaluations are  
                 permitted, which are helpful for ensuring the  
                 availability of prompt evaluations, particularly in rural  
                 counties and in hospital emergency departments that are  
                 designated by counties; 

               b.     Authorizing each county to develop written  
                 procedures for the designation and training of  
                 professionals it designates to carry out LPS Act  
                 functions; 

               c.     Clarifying and providing consistency that four  




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                 groups of individuals are authorized to take or cause to  
                 be taken, a person into custody for assessment,  
                 evaluation and crisis intervention or to place them in a  
                 designated facility: peace officers, professional persons  
                 in charge of a designated facility, members of the  
                 attending staff of a designated facility, or professional  
                 persons designated by the county; 

               d.     Empowering assessment, evaluation, and crisis  
                 intervention to occur in the field, rather than require  
                 these activities to occur only within the confines of  
                 designated facilities; 

               e.     Removing the unnecessary and burdensome  
                 administrative process of requiring the facilities that  
                 counties have designated under the LPS Act to also be  
                 "approved" by the state; 

               f.     Broadening the types of facilities that may be  
                 designated by counties to include, for example, crisis  
                 stabilization units; and 

               g.     Moving a number of existing provisions of law to  
                 earlier locations in order to better reflect the sequence  
                 of events that may occur under the LPS Act. 


               CMHDA states that it has concerns about one particular  
               provision of the bill, and requests a clarifying amendment  
               on page 11, lines 7-8 (Section 5150 subdivision (h), which  
               includes the following new statement being included in the  
               advisement that is provided to each person admitted to a  
               designated facility: 

               You may request to be treated at a facility of your choice.  
               You will be given a choice of treatment providers. 

               CMHDA writes that the statement would give individuals the  
               false impression that they would be guaranteed to be  
               treated by any facility or provider of their choice during  
               the LPS Act process. CMHDA states that it agrees that  
               individuals should be given the opportunity to request a  
               preference for treatment providers, and that counties try  
               to make accommodations, when possible. However, CMHDA  
               states it is not possible to accommodate these requests in  




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               every instance due to the lack of available local treatment  
               facilities and providers, limited local resources, the  
               narrow and urgent timeframes occurring during psychiatric  
               crises, and that only designated facilities and designated  
               professionals are permitted under law to evaluate and treat  
               an individual.  CMHDA indicates it is concerned that  
               counties would incur significant financial costs to comply  
               with this provision of the bill, and requests the bill be  
               amended to re-word the advisement as follows: 

                You may request to be treated by a facility or provider of  
               your choice. However, while we make an effort to honor such  
               requests, we cannot guarantee that you will be treated by a  
               specific facility or provider.
           
               The author's office indicates he is willing to accept this  
          amendment.

           SUPPORT AND OPPOSITION  :
          Support:  None received

          Oppose:   None received




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