BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 364|
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THIRD READING
Bill No: SB 364
Author: Steinberg (D)
Amended: 5/7/13
Vote: 21
SENATE HEALTH COMMITTEE : 7-1, 4/24/13
AYES: Hernandez, Beall, De Le�n, DeSaulnier, Nielsen, Pavley,
Wolk
NOES: Anderson
NO VOTE RECORDED: Monning
SENATE JUDICIARY COMMITTEE : 6-1, 4/30/13
AYES: Evans, Walters, Corbett, Jackson, Leno, Monning
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/20/13
AYES: De Le�n, Walters, Gaines, Hill, Padilla, Steinberg
NO VOTE RECORDED: Lara
SUBJECT : Mental health
SOURCE : Author
DIGEST : This bill broadens the types of facilities that can
be used for purposes of a 72-hour treatment and evaluation under
Welfare and Institutions Code 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
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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.
ANALYSIS :
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/herself, a danger to others, or who is gravely
disabled, into custody and place him/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
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.
2. Adds to existing legislative intent regarding the LPS Act.
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3. Updates definitions within the LPS Act, as specified.
4. States legislative intent that referrals between facilities,
providers, and other organizations be in accordance with
applicable federal and state laws 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. Encourages the list of services to be
updated at least annually.
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.
7. Clarifies that when a person, as a result of a mental health
disorder, is a danger to others, or to himself/herself, or
gravely disabled, a peace officer, professional person in
charge of an evaluation facility designated by the county,
member of the attending staff, as defined by regulation,
designated members of a mobile crisis team, or professional
person designated by the county may, upon probable cause,
take, or cause to be taken, the person into custody for
assessment, evaluation, and crisis intervention, or place
him/her in a facility designated by the county as a facility
for 72-hour evaluation and treatment.
8. Permits a person with a mental health disorder to be taken
into custody for assessment evaluation and treatment or
placed in a facility.
9. Requires the facility, for purposes of a 72-hour treatment
and evaluation, to be licensed or certified as mental health
treatment facility or hospital, by DHCS or DPH.
10.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 identity
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
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provided to the person being detained.
11.Expands the definition of "responsible relative."
12.Requires the oral advisements currently required to be given
to a person when he/she is first taken into custody be
provided in a language or modality accessible to the person.
Requires, when a person is admitted to a designated facility,
accommodations for other disabilities that may impact
communication to be made.
13.Requires, when a person is admitted to a designated facility,
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 but that no guarantee of treatment by a specific
facility or provider can be made. Requires the person be
told he/she can contact the county's Patients' Rights
Advocates if they have questions about their legal rights.
14.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.
15.Clarifies that the professional person, as defined, providing
treatment or the attorney or advocate representing the person
will not be held civilly or criminally liable for any action
by a person released before the end of 14 days.
16.Clarifies that nothing in this bill should be construed to
revise or expand the scope of practice of psychologists, as
defined.
17.Updates language in the LPS Act, rearranges provisions of the
LPS Act to have the statute align with the sequence of
events, and moves provisions dealing with voluntary treatment
to earlier in the statute.
Background
5150 of the LPS Act . Section 5150 law allows peace officers,
members of the attending staff of an evaluation facility
designated by the county, or other professional persons
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/herself;
B. A danger to others; or
C. Gravely disabled.
Under existing law, the person taking an individual into custody
must take reasonable precautions 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 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/she is being held, and must be evaluated. The evaluation
consists of a multidisciplinary analysis of the individual's
medical, psychological, educational, social, financial and legal
situation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Minor local costs, not likely to be reimbursed (local
funds/General Fund).
Minor cost savings to the Department of Social Services, as
the Department will no longer be required to approve county
facilities for use as a 72-hour evaluation and treatment
facility (General Fund).
ARGUMENTS IN SUPPORT : According to the author's office,
unfortunately, Section 5150 has become part of a modern day
vernacular that implies an individual is being locked-up and put
away. The author's office states this bill 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. The author's office claims this
bill makes several fundamental changes. First, it broadens the
types of facilities a county can designate for 5150 purposes.
This will provide counties with more options for assisting
clients with significant and grave needs, can assist in
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alleviating emergency room wait times for this client
population, and most importantly, and 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.
According to Disability Rights California, this bill clarifies
provisions of the LPS Act, ensures people have access to
services in the most appropriate setting and protects clients'
rights. It makes changes to the legislative intent portions of
the LPS Act related to consistent treatment and least
restrictive environment. It encourages counties to serve people
on a voluntary basis, even after being placed on a custodial
hold. It encourages counties to develop training programs for
designated staff about the LPS Act, which will help ensure
people with mental health disabilities are treated appropriately
and in least restrictive environments. It further updates and
strengthens advisements given to clients, including ensuring
children and property is safeguarded when a person is taken into
a custodial hold.
JL:k 5/21/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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