AB 861, as introduced, Maienschein. Mental health services: patients’ rights.
Existing law directs the State Department of State Hospitals and the State Department of Health Care Services to ensure that mental health laws, regulations, and policies on the rights of recipients of mental health services are observed and protected in state hospitals and in licensed health and community care facilities. Existing law requires departments to contract with a single nonprofit entity for protection and advocacy services for persons with mental disabilities and requires the prescribed training of county patients’ rights advocates to be provided by that contractor.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5512 of the Welfare and Institutions Code
2 is amended to read:
Training of county patients’ rights advocates shall be
2provided by the contractor specified in Section 5510 responsible
3for the provision of protection and advocacy services to persons
4with mental disabilities. Training shall be directed at ensuring that
5all county patients’ rights advocates possessbegin insert all of the followingend insert:
6(a) Knowledge of the service system, financial entitlements,
7and service rights of persons receiving mental health services. This
8knowledge shall include, but need not be limited to, knowledge
9of available treatment and service resources in order to ensure
10timely access to treatment and services.
11(b) Knowledge of patients’ rights in institutional and community
12facilities.
13(c) Knowledge of civil commitment statutes and procedures.
14(d) Knowledge of state and federal laws and regulations
15affecting recipients of mental health services.
16(e) Ability to work effectively and respectfully with service
17recipients and providers, public administrators, community groups,
18and the judicial system.
19(f) Skill in interviewing and counseling service recipients,
20including giving information and appropriate referrals.
21(g) Ability to investigate and assess complaints and screen for
22legal problems.
23(h) Knowledge of administrative and judicial due process
24proceedings in order to provide representation at administrative
25hearings and to assist in judicial hearings when necessary to carry
26out the intent of Section 5522 regarding cooperation between
27advocates and legal representatives.
28(i) Knowledge of, and commitment to, advocacy ethics and
29principles.
30(j) This section shall become operative on January 1, 1996.
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