BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          BILL NO:                    AB 468    
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          |AUTHOR:        |Jones                                          |
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          |VERSION:       |February 23, 2015                              |
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          |HEARING DATE:  |June 24, 2015  |               |               |
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          |CONSULTANT:    |Shannon Muir                                   |
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           SUBJECT  :  Wards and conservatees: mental health.

           SUMMARY  :  Deletes the requirement in existing law for the Director of  
          the Department of State Hospitals to adopt and issue regulations  
          defining the term "mental health treatment facility" for  
          purposes of involuntarily placing a ward or a conservatee.
          Existing law:
          1)Prohibits a ward or conservatee who is subject to a probate  
            conservatorship from being placed in a mental health treatment  
            facility against his or her will.


          2)Prohibits the spouse of a person who is subject to a health  
            care conservatorship because he or she cannot make health care  
            decisions for him- or herself from placing the ward or  
            conservatee in a mental health treatment facility.


          3)Requires the Director of the Department of State Hospitals  
            (DSH) to adopt and issue regulations defining "mental health  
            treatment facility".


          4)Defines "designated facility" or "facility designated by the  
            county for evaluation and treatment" as a facility that is  
            licensed or certified as a mental health treatment facility or  
            a hospital by the Department of Public Health, and may  
            include, but is not limited to, a licensed psychiatric  
            hospital, a licensed psychiatric health facility, and a  
            certified crisis stabilization unit.


          This bill: Deletes the requirement for the Director of DSH to  







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          adopt and issue regulations defining the term "mental health  
          treatment facility" for purposes of involuntarily placing a ward  
          or a conservatee.
          
           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |79 - 0                      |
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          |Assembly Judiciary Committee:       |10 - 0                      |
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          COMMENTS  :
          1)Author's statement. According to the author, existing law  
            (Probate Code §2356) includes a requirement that the Director  
            of DSH adopt and issue regulations defining "mental health  
            treatment facility" (until last year, the requirement was for  
            the Director of the Department of Mental Health (DMH)). This  
            requirement was included in the statute when it was enacted in  
            1990, and no such regulations have ever been adopted or, if  
            adopted, have been repealed. There is no evidence that the  
            absence of such regulations has had any impact on the  
            effectiveness of current law. However, the fact the statute  
            refers to regulations tells a lawyer (or anyone else) trying  
            to apply the statute that he or she needs to check those  
            regulations as part of due diligence. This is a waste of the  
            attorney's time and the client's money because there are no  
            regulations to find. Removing this language also clarifies to  
            litigants that the undefined terms carry their common and  
            ordinary meanings (Halbert's Lumber, Inc. v. Lucky Stores,  
            Inc. (1992), 6 cal. App. 4th 1233, 1238 [undefined terms in  
            statutes carry their "ordinary, everyday meaning], not a  
            different meaning that was to have been developed, but was  
            not. Eliminating the requirement, therefore, benefits everyone  
            involved.


          2)Background.  According to DSH, the responsibility for adopting  
            a definition of mental health treatment facility was  
            originally assigned to DMH.  After reorganization and  
            dissolution of DMH, the responsibility was delegated to DSH.   
            According to DSH, the responsibility is misplaced because it  
            is only responsible for state hospitals, where patients are  








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            confined for treatment as mandated by a criminal or civil  
            court judge, and no other mental health treatment facilities  
            are under DSH's purview.


            Mental health treatment facilities are mentioned in five  
            sections of California statute. Three of these sections are in  
            the Probate Code, including the section to which this bill  
            pertains. The other sections are in the Penal Code and the  
            Welfare and Institutions Code. None of the sections define  
            mental health treatment facility, and a regulation to define  
            the phrase was never promulgated. The section of law that this  
            bill amends relates to the ability of a probate conservator to  
            place a conservatee in mental health treatment facility. In  
            People vs. Karriker (2007), which referred to "mental health  
            treatment facilities", the court found that a probate  
            conservator cannot place a conservatee in a locked facility,  
            suggesting that the court believed that a "mental health  
            treatment facility" is a locked facility.


          3)Prior Legislation. SB 1465 (Committee on Health Chapter 442,  
            Statues of 2014), among other technical, clarifying changes,  
            replaced references to DMH in existing law with DSH to reflect  
            DMH's elimination.  


          4)Support.  The Conference of California Bar Associations (CCBA)  
            writes in support that no regulations defining mental health  
            treatment facility have been adopted in the past 24 years, and  
            no known problems have resulted. The downside to keeping this  
            requirement in statute is that those trying to apply the  
            statute have to check regulations as part of due diligence.  
            The CCBA states that this is a waste of time because there are  
            no regulations to find. 


           SUPPORT AND OPPOSITION :
          Support:  Conference of California Bar Associations (sponsor)
          
          Oppose:   None received.

                                      -- END --

          








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