BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          BILL NO:                    AB 1194             
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          |AUTHOR:        |Eggman                                         |
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          |VERSION:       |May 6, 2015                                    |
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          |HEARING DATE:  |June 24, 2015  |               |               |
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          |CONSULTANT:    |Reyes Diaz                                     |
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           SUBJECT  :  Mental health: involuntary commitment.

           SUMMARY  :  Requires an authorized person, when determining if a person is  
          a danger to him- or herself or others because of a mental health  
          disorder, to consider available information related to the  
          person's historical course of his or her mental health disorder,  
          as specified. Requires, when a person is determined to need  
          detainment, an admitting facility to require a written  
          application that records whether information about the person's  
          historical course, as specified, was considered. 

          Existing law:
          1)Establishes the Lanterman-Petris-Short Act (LPS Act), which  
            authorizes a person to be involuntarily detained for a period  
            of up to 72 hours for assessment, evaluation, and crisis  
            intervention, when, as a result of a mental health disorder,  
            the person is a danger to him- or herself or to others, or is  
            gravely disabled. Defines "gravely disabled" to mean a  
            condition in which a person, as a result of a mental health  
            disorder, is unable to provide for his or her basic personal  
            needs for food, clothing, or shelter. 
             
          2)Requires, when determining if probable cause exists to take,  
            or cause a person to be taken, into custody, relevant  
            information about the historical course of the person's mental  
            health disorder be considered, if an authorized person  
            determines that the information has a reasonable bearing on  
            the determination of a person's mental condition.

          3)Specifies that "information about the historical course of the  
            person's mental disorder" includes evidence presented by: 

                  a)        the person who has provided or is providing  







          AB 1194 (Eggman)                                   Page 2 of ?
          
          
                    mental health or related support services to a person  
                    subject to a determination; 
                  b)        one or more members of the family of a person  
                    subject to a determination; or,
                  c)        a person subject to a determination or anyone  
                    designated by that person. 

          4)Requires, when a person cannot be properly served without  
            being detained, an admitting facility to require an  
            application in writing stating the circumstances under which a  
            person's mental condition was called to the attention of an  
            authorized person and that there was probable cause to believe  
            that a person was a danger to him- or herself or others, or  
            was gravely disabled, due to a mental health disorder.

          5)Specifies that an "authorized person" includes a:

                  a)        Peace officer;
                  b)        Professional person in charge of a facility  
                    designated by the county for evaluation and treatment;
                  c)        Member of the attending staff of a facility  
                    designated by the county for evaluation and treatment;
                  d)        Designated members of a mobile crisis team;  
                    or,
                  e)        Professional person designated by the county. 
          
          This bill:
          1)Requires an authorized person, in determining if a person is a  
            danger to him- or herself or others as a result of a mental  
            health disorder, to consider available relevant "information  
            about the historical course," as specified in 3) above, of a  
            person's mental health disorder if the authorized person  
            concludes that the information has a reasonable bearing on the  
            determination of a person's mental condition. Specifies that  
            "danger" is not limited to danger of imminent harm.

          2)Requires the application, required in 4) above, to also record  
            whether the historical course of a person's mental health  
            disorder was considered when making a determination of  
            probable cause. 

           FISCAL  
          EFFECT  :  According to the Assembly Appropriations Committee,  
          this bill has negligible state fiscal effect.









          AB 1194 (Eggman)                                   Page 3 of ?
          
          
           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |79 - 0                      |
          |------------------------------------+----------------------------|
          |Assembly Appropriations Committee:  |17 - 0                      |
          |------------------------------------+----------------------------|
          |Assembly Health Committee:          |16 - 0                      |
          |                                    |                            |
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          COMMENTS  :
          1)Author's statement. According to the author, current law does  
            not make clear what constitutes danger when a person, as a  
            result of a mental health disorder, is a danger to him- or  
            herself or others, and requires law enforcement or other  
            qualified individuals to respond as according to provisions in  
            the Welfare and Institutions Code Section 5150 ("5150"). This  
            lack of clarity results in an uneven application during a 5150  
            incident in the event where a person in question is not  
            presenting an immediate or imminent safety risk when a peace  
            officer or other qualified person responds. AB 1194 simply  
            clarifies that when a person with a mental health disorder is  
            a danger to him- or herself or others, the term "danger" is  
            not limited to imminent or immediate risk of harm to him- or  
            herself or others. Rather, "danger" constitutes a present risk  
            or harm that requires consideration of the historical course  
            of a person's mental health disorder. The purpose of this bill  
            is to ensure that those who are a danger to themselves or  
            others receive the appropriate care during a 5150 incident.

          2)Background. According to National Alliance on Mental Illness  
            (NAMI) California's Web site, the LPS act ended the  
            inappropriate, indefinite, and involuntary commitment of  
            mentally disordered persons to institutions and encouraged the  
            full use of existing agencies, personnel, and funds to provide  
            treatment, supervision, and placement of gravely disabled  
            persons. The authors of the LPS act envisioned an expanded  
            system of community based mental health centers providing  
            appropriate and timely support to those in need at a reduced  
            cost to the state.

            The LPS Act requires authorized people making a determination  
            if a person is a danger to him- or herself or others, or  








          AB 1194 (Eggman)                                   Page 4 of ?
          
          
            gravely disabled, to assess whether or not the person can be 

            properly served without being detained. If a person can be  
            properly served without being detained, he or she is entitled  
            to receive an evaluation, crisis intervention, or other  
            inpatient or outpatient services on a voluntary basis. 

            Some anecdotal data provided by the author shows that 5150  
            situations are not always handled uniformly. Some law  
            enforcement departments and mental health agencies interpret  
            the term "danger to him- or herself or others" to apply only  
            in situations where a person poses an immediate danger. The  
            word "danger" is not defined in current law, which has created  
            a challenge in applying Section 5150 in certain cases.  

          3)Related legislation. AB 193 (Maienschein), permits a judge  
            presiding over a probate conservatorship to recommend to the  
            county investigating officer the establishment of an LPS  
            conservatorship when there is evidence of grave disability as  
            a result of a mental health disorder or impairment by chronic  
            alcoholism. AB 193 is set for hearing in the Senate Judiciary  
            Committee on June 30, 2015.

          4)Prior legislation. AB 110 (Blumenfield, Chapter 20, Statutes  
            of 2013), enacted the 2013-14 Budget Act, which included,  
            among its other provisions, $206 million ($142 million General  
            Fund one-time) for a major investment in mental health  
            services, including additional residential treatment capacity,  
            crisis treatment teams, and triage personnel.

            AB 1424 (Thomson, Chapter 506, Statutes of 2001), made various  
            changes to the LPS Act to: increase the involvement of family  
            members in commitment hearings for the mentally ill; require  
            more use of a patient's medical and psychiatric records in  
            these hearings; and prohibit health plans and insurers from  
            using the commitment status of a mentally ill person to  
            determine eligibility for claim reimbursement.

            SB 665 (Petris, Chapter 681, Statutes of 1991), established  
            the right, under the LPS Act, to refuse antipsychotic  
            medication and established hearing procedures to determine a  
            person's capacity to refuse treatment with antipsychotic  
            medication.

          5)Support. Supporters of this bill, comprising medical  








          AB 1194 (Eggman)                                   Page 5 of ?
          
          
            professionals, law enforcement, and mental health advocates,  
            argue that this bill will provide more timely access to  
            treatment for people in psychiatric crises who, without  
            treatment, may harm themselves or others. They state that this  
            bill could prevent certain situations from escalating into  
            overt acts of violence. Supporters further state that current  
            law is unclear whether the term "danger" is limited to danger  
            of imminent harm, and this bill will allow a more consistent  
            interpretation and determination of an individual's level of  
            dangerousness.

          6)Opposition. Disability Rights California (DRC) states that a  
            present risk of harm, as defined in this bill, is too broad  
            and most anything could be considered dangerous, resulting in  
            involuntary detention for anyone with a history of mental  
            health disability. DRC states that the proposed definition has  
            the potential to cause more problems than it solved, and if  
            people are not likely to harm themselves or others at the  
            present time, they should not be subject to involuntary  
            detention.




          7)Technical amendments. The author may wish to consider the  
            following technical amendments:

               a.     On page 4, line 12, strike out "subdivision (b)" and  
                 insert:

                 subdivision (c)

               b.     On page 6, line 5, strike out "subdivision (f)" and  
                 insert:

                 subdivision (g)
              
           SUPPORT AND OPPOSITION  :
          Support:  California Psychiatric Association (sponsor)
                    California Association of Marriage and Family  
                    Therapists
                    California Chapter of the American College of  
                    Emergency Physicians
                    California Hospital Association 
                    California Medical Association








          AB 1194 (Eggman)                                   Page 6 of ?
          
          
                    California Police Chiefs Association 
                    California Probation, Parole and Correctional  
                    Association
                    California State Sheriffs' Association
                    California Treatment Advocacy Coalition
                    Contra Costa Mental Health Community Coalition
                    Latino Coalition for a Healthy California 
                    NAMI California
                    NAMI Contra Costa
                    NAMI Orange County
                    St. Joseph's Behavioral Health Center
                    Treatment Advocacy Center
                    Numerous individuals

          Oppose:   Disability Rights California

          
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