Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1300

Introduced by Assembly Member Ridley-Thomas

February 27, 2015

An act to amend Sections 5001, 5008, 5013, 5150, 5150.05, 5150.1, 5150.2, 5151, 5152.1, 5153, and 5270.50 of, to add Sections 5001.5, 5022, 5023, 5024, 5025, 5026, 5150.3, 5151.1, and 5151.2 to, to add the heading of Article 1.3 (commencing with Section 5151) to, to add Article 1.1 (commencing with Section 5150.10) to, to add Article 1.2 (commencing with Section 5150.30) to, Chapter 2 of Part 1 of Division 5 of, to repeal Section 5150.4 of, and to repeal and add Section 5152.2 of, the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1300, as amended, Ridley-Thomas. Mental health: involuntary commitment.

Under existing law, when a person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation.

This bill would authorize counties to designate one or more persons to act as a local or regional liaison to assist a person who is a patient in an emergency department of a defined nondesignated hospital and who has been detained, or who may require detention, for evaluation and treatment, as specified. The bill would reorganize and make changes to the provisions relating to the detention for evaluation and treatment of a person who may be subject to the above provisions, including specifying procedures for delivery of those individuals to various facilities; evaluation of the person for probable cause for detention for evaluation and treatment; terms and length of detention, where appropriate, in various types of facilities; and criteria for release from defined designated facilities and nondesignated hospitals. The bill would authorize a provider of ambulance services to transfer a person who is voluntarily transferring to a designated facility for evaluation and treatment. The bill would also make changes to the methods by which law enforcement is notified of the release of a person detained for evaluation and treatment.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 5001 of the Welfare and Institutions Code
is amended to read:

5001.  

The provisions of this part and Part 1.5 (commencing
with Section 5585) shall be construed to promote the legislative
intent as follows:

(a) To end the inappropriate, indefinite, and involuntary
commitment of persons with mental health disorders,
developmental disabilities, and chronic alcoholism, and to eliminate
legal disabilities.

(b) To provide prompt evaluation and treatment of persons with
mental health disorders or impaired by chronic alcoholism.

(c) To guarantee and protect public safety.

(d) To safeguard individual rights through judicial review.

(e) To provide individualized treatment, supervision, and
placement services by a conservatorship program for persons who
are gravely disabled.

(f) To encourage the full use of all existing agencies,
professional personnel, and public funds to accomplish these
objectives and to prevent duplication of services and unnecessary
expenditures.

(g) To protect persons with mental health disorders and
developmental disabilities from criminal acts.

(h) To provide consistent standards for protection of the personal
rights of persons receiving services under this part and under Part
1.5 (commencing with Section 5585).

(i) To provide services in the least restrictive setting appropriate
to the needs of each person receiving services under this part and
under Part 1.5 (commencing with Section 5585).

(j) To ensure that persons receive services from facilities and
providers that are qualified and best suited to provide the services,
and that persons are not detained in settings that are not therapeutic
or not designed to meet their needs.

(k) To affirm that no person may be presumed to be incompetent
because he or she has been evaluated or treated for begin insert a end insert mental begin insert health end insert
disorder or chronic alcoholism, regardless of whether that
evaluation or treatment was voluntarily or involuntarily received.

SEC. 2.  

Section 5001.5 is added to the Welfare and Institutions
Code, to read:

5001.5.  

It is the intent of the Legislature that each county shall
have the responsibility to ensure that all persons with mental begin insert health end insert
disorders who are subject to detention under this part or under Part
1.5 (commencing with Section 5585) receive prompt evaluation
and treatment in accordance with this part and Part 1.5
(commencing with Section 5585), including prompt assessment
of the need for evaluation and treatment. It is the intent of the
Legislature that each county establish and maintain a mental health
service system that has sufficient capacity to ensure the provision
of services under this Part and Part 1.5 (commencing with Section
5585), including, at a minimum, the services required under
paragraph (2) of subdivision (a) of Section 5651.

SEC. 3.  

Section 5008 of the Welfare and Institutions Code is
amended to read:

5008.  

Unless the context otherwise requires, the following
definitions shall govern the construction of this part:

(a) “Antipsychotic medication” means medication customarily
prescribed for the treatment of symptoms of psychoses and other
severe mental and emotional disorders.

(b) “Application for detention for evaluation and treatment”
means the written application set forth in Section 5150.3.

(c) (1) “Assessment” means the determination, as described in
subdivision (b) of Section 5150 and Section 5151, of the following:

(A) Whether the person meets the criteria for detention for
evaluation and treatment.

(B) Whether the person is in need of evaluation and treatment
and, if so, what services are needed for the person.

(C) Whether the person can be properly served without being
detained, in which case the services shall be provided on a
voluntary basis.

(2) “Assessment” includes, but is not limited to, mental status
determination, analysis of clinical and social history, analysis of
relevant cultural issues and history, diagnosis, and the use of testing
procedures.

(d) “Authorized professional” means any of the following:

(1) A begin delete person end delete begin insert mental health professional end insert or category of begin delete persons end delete
begin insert mental health professionals end insert , excluding peace officers, who are
authorized in writing by a county to provide services described in begin delete Article 1 (commencing with Section 5150) of Chapter 2, including
a probable cause determination for the detention of a person for
evaluation and treatment under Section 5150 and the release of a
person from detention for evaluation and treatment under Section
5150.15 end delete begin insert this subdivision end insert . begin insert An authorized professional shall have
appropriate training in mental health disorders and determination
of probable cause, and shall have relevant experience in providing
services to persons with mental health disorders. end insert

(2) An authorized begin delete member of the end delete professional begin insert as described in
paragraph (1) who is a member of the end insert staff of a begin insert designated end insert facility
begin insert and who is authorized by the facility to provide services described
in this subdivision end insert .

(3)  begin delete An authorized end delete begin insert A end insert member of a mobile crisis team begin insert who is
authorized in writing by a county to provide services described in
this subdivision end insert .

(e) “Conservatorship investigation” means an investigation, by
an agency appointed or designated by the governing body, of cases
in which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).

(f) “Court,” unless otherwise specified, means a court of record.

(g) “Court-ordered evaluation” means an evaluation ordered by
a superior court pursuant to Article 2 (commencing with Section
5200) or by a superior court pursuant to Article 3 (commencing
with Section 5225) of Chapter 2.

(h) “Crisis intervention” consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. The interview or interviews may include
family members, significant support persons, providers, or other
entities or individuals, as appropriate and as authorized by law.
Crisis intervention may, as appropriate, include suicide prevention,
psychiatric, welfare, psychological, legal, or other social services.

(i) “Crisis stabilization service or unit” means an ambulatory
service that provides probable cause determinations and
assessments, collateral services, and therapy within the scope of
its designation under this part.

(j) “Department” means the State Department of Health Care
Services.

(k) (1) “Designated facility” means a facility or a specific unit
or part of a facility that is licensed or certified as a mental health
evaluation facility, a mental health treatment facility, or a mental
health evaluation and treatment facility. A designated facility may
be an inpatient facility or an ambulatory facility.

(2) “Inpatient facility” means a health facility, or an inpatient
unit of a health facility, as defined in Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code, that
is licensed begin delete and end delete begin insert by the State of California, end insert has the capability to
admit and treat persons on an inpatient basis subject to the
requirements of this begin delete part. end delete begin insert part, and is designated by a county
pursuant to Section 5023. Inpatient facility also includes a hospital
or the inpatient unit of a hospital operated by the United States
government that has the capability to admit and treat persons on
an inpatient basis, subject to the requirements of this part, and
that is designated by the county pursuant to Section 5023. end insert A
designated inpatient facility includes any of the following:

(A) A general acute care hospital, as defined in subdivision (a)
of Section 1250 of the Health and Safety Code.

(B) An acute psychiatric hospital, as defined in subdivision (b)
of Section 1250 of the Health and Safety Code.

(C) A psychiatric health facility, as defined in Section 1250.2
of the Health and Safety Code.

begin insert

(D) A correctional treatment center, as defined in Section 1250
of the Health and Safety Code, operated by a county, city, or city
and county law enforcement agency. The department may approve
an unlicensed correctional treatment center that is in existence as
of January 1, 2016, if the correctional treatment center meets all
of the licensing requirements except those that are structurally
impracticable.

end insert

(3) “Ambulatory facility” means a facility begin delete or other provider end delete
designated by a county under Section 5023 that provides
psychiatric services lasting less than 24 hours in accordance with
applicable law and within the scope of the designation. An
ambulatory facility may include an outpatient hospital department,
clinic, crisis stabilization begin delete service end delete begin insert facility end insert or unit, begin insert facility of a end insert
medical group, facility of a provider organization other than a
medical group, or other facility that meets the requirements
established by the department in accordance with Section 5023.

(l) “Detained for evaluation and treatment” and “detention for
evaluation and treatment” mean the taking into custody and
detention of a person in accordance with Section 5150.

(m) “Emergency” means a begin delete situation in which end delete begin insert sudden marked
change in the person’s condition such that end insert action to impose
treatment over the person’s objection is immediately necessary
for the preservation of life or the prevention of serious bodily harm
to the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.

(n) “Emergency transport provider” means a provider of
ambulance services licensed by the Department of the California
Highway Patrol or operated by a public safety agency and includes
the authorized personnel of an emergency transport provider who
are certified or licensed under Sections 1797.56, 1797.80, 1797.82,
and 1797.84 of the Health and Safety Code.

(o) “Evaluation” means a multidisciplinary professional analyses
of a person’s medical, psychological, educational, social, financial,
and legal conditions as may appear to constitute a problem. Persons
providing evaluation services shall be properly qualified
professionals and may be full-time employees begin insert , part-time
employees, end insert or independent contractors of a county, designated
facility, or other agency providing face-to-face evaluation begin delete services,
which end delete begin insert services. Face-to- end insert begin insert face evaluation services end insert includes
begin insert face-to-face evaluation by means of end insert telehealth.

(p) (1) For purposes of Article 1 (commencing with Section
5150), Article 2 (commencing with Section 5200), and Article 4
(commencing with Section 5250) of Chapter 2, and for the purposes
of Chapter 3 (commencing with Section 5350), “gravely disabled”
means either of the following:

(A) 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.

(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:

(i) The indictment or information pending against the person at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.

(ii) The indictment or information has not been dismissed.

(iii) As a result of a mental health disorder, the person is unable
to understand the nature and purpose of the proceedings taken
against him or her and to assist counsel in the conduct of his or
her defense in a rational manner.

(2) For purposes of Article 3 (commencing with Section 5225)
and Article 4 (commencing with Section 5250), of Chapter 2, and
for the purposes of Chapter 3 (commencing with Section 5350),
“gravely disabled” means a condition in which a person, as a result
of impairment by chronic alcoholism, is unable to provide for his
or her basic personal needs for food, clothing, or shelter.

(3) The term “gravely disabled” does not include persons with
intellectual disabilities by reason of that disability alone.

(q) “Intensive treatment” consists of hospital and other services
as may be indicated. Intensive treatment shall be provided by
properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical
Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9, or under Title XVIII
of the federal Social Security Act and regulations thereunder.
Intensive treatment may be provided in hospitals of the United
States government by properly qualified professionals. Nothing
in this part shall be construed to prohibit an intensive treatment
facility from also providing 72-hour evaluation and treatment.

(r) “Local or regional liaison” means a person or persons
authorized by a county, or by two or more counties acting jointly,
under Section 5024.

(s) “Mobile crisis team” means a team comprised of one or more
professionals, and which may also include peer counselors, who
are authorized by a county to provide probable cause
determinations and other services under this part.

(t) “Peace officer” means a duly sworn peace officer as that
term is defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code who has completed the basic
training course established by the Commission on Peace Officer
Standards and Training, or any parole officer or probation officer
specified in Section 830.5 of the Penal Code when acting in relation
to cases for which he or she has a legally mandated responsibility.

(u) “Postcertification treatment” means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300)
of Chapter 2.

(v) “Prepetition screening” is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing
with Section 5200) of Chapter 2, consisting of a professional
review of the petition; an interview with the petitioner and,
whenever possible, the person alleged, as a result of a mental health
disorder, to be a danger to others, or to himself or herself, or to be
gravely disabled, to assess the problem and explain the petition;
and when indicated, efforts to persuade the person to receive, on
a voluntary basis, comprehensive evaluation, crisis intervention,
referral, and other services specified in this part.

(w) “Probable cause determination” means a determination
whether there is probable cause for the detention of a person for
evaluation and treatment. begin insert A probable cause determination shall
be based solely on the criteria for detaining a person for evaluation
and treatment pursuant to Section 5150. The probable cause
determination shall not consider the availability of beds or services
at designated facilities within or outside of the county. end insert

(x) “Professional person in charge of a facility” means the
licensed person authorized by a designated facility who is
responsible for the clinical direction of the designated facility.

(y) “Professional staff” means the medical staff or other
organized professional staff of an inpatient facility.

(z) “Referral” means referral of persons by each facility,
provider, or other organization providing assessment, evaluation,
crisis intervention, or treatment services to other facilities,
providers, or agencies in accordance with Section 5013 and Part
1.5 (commencing with Section 5585).

(aa) “Telehealth” means the telehealth services, as defined in
paragraph (6) of subdivision (a) of Section 2290.5 of the Business
and Professions Code, for the purpose of providing services under
this part, including a probable cause determination, the release of
a person from detention for evaluation and treatment under Section
5150.15, assessment or evaluation, and treatment. For purposes
of this part, telehealth services may be used by any licensed
professional, including a psychologist, clinical social worker, and
other mental health professional, acting within the scope of his or
her profession for providing evaluation, treatment, consultation,
or other mental health services under this part.

SEC. 4.  

Section 5013 of the Welfare and Institutions Code is
amended to read:

5013.  

(a) The purpose of a referral shall be to provide for
continuity of care begin insert and services end insert . A referral may include, but need
not be limited to, informing the person of available services,
making appointments on the person’s behalf, communication with
the agency or individual to which the person has been referred,
appraising the outcome of referrals, and arranging for escort,
transportation, or both, when necessary. begin delete A referral shall be
considered complete when the agency or individual to whom the
person has been referred accepts responsibility for providing the
necessary services. end delete All persons shall be advised of available precare
services that prevent initial recourse to hospital treatment or
aftercare services that support adjustment to community living
following hospital treatment. These services may be provided
through county or city mental health departments, state hospitals
under the jurisdiction of the State Department of State Hospitals,
regional centers under contract with the State Department of
Developmental Services, or other public or private entities.

(b) It is the intent of the Legislature that referrals between
facilities, providers, and other organizations shall be facilitated by
the sharing of information and records in accordance with Section
5328 and applicable federal and state laws.

(c) Each city or county behavioral health department is
encouraged to include on its Internet Web site a current list of
ambulatory behavioral health services and other resources for
persons with behavioral health disorders and substance use
disorders in the city or county that may be accessed by providers
and consumers of behavioral health services. The list of services
on the Internet Web site should be updated at least annually by the
city or county behavioral health department.

SEC. 5.  

Section 5022 is added to the Welfare and Institutions
Code, to read:

5022.  

The department shall promote the consistent statewide
application of this part in order to ensure protection of the personal
rights of all persons who are subject to this part and Part 1.5
(commencing with Section 5585). The department shall provide
oversight of the statewide application of this part and facilitate
discussion among the organizations listed in subdivision (a) of
Section 5400, law enforcement agencies, hospitals, mental health
professionals, county patients’ rights advocates, begin insert the California
Office of Patients end insert begin insert ’ Rights, end insert and other stakeholders as may be
necessary or desirable to achieve the legislative intent of consistent
statewide application. These discussions shall include situations
where persons are certified for additional intensive treatment in a
county authorizing that treatment under Article 4.7 (commencing
with Section 5270.10) of Chapter 2 who are then transferred to a
facility during the course of additional intensive treatment in a
county that has not authorized additional intensive treatment.

SEC. 6.  

Section 5023 is added to the Welfare and Institutions
Code, to read:

5023.  

(a) Each county may designate begin insert inpatient and ambulatory end insert
facilities within the county, with the approval begin delete by end delete begin insert of end insert the department,
that meet the applicable requirements established by the department
by regulation. begin insert An outpatient or emergency department of a
nondesignated inpatient facility may be designated as an
ambulatory facility if it meets all the requirements for certification
as an ambulatory facility. end insert

(b) (1) Each county may designate ambulatory facilities within
the county that meet the behavioral health needs of persons within
the requirements of applicable law and the scope of their
designation. The department shall encourage counties to use
appropriate ambulatory facilities for the evaluation and treatment
of persons pursuant to this part.

(2) Counties, mental health professionals, providers, and other
organizations, with the support of the department, are encouraged
to establish crisis stabilization services and other ambulatory
facilities that are designated by a county to provide probable cause
determinations and assessments, and, as applicable, evaluation and
treatment services and crisis stabilization services, in settings that
are appropriate to the needs of persons with severe mental illness
and less restrictive than inpatient health facilities.

(3) Nothing in this subdivision shall preclude the designation
of an ambulatory facility that is an outpatient clinic of a licensed
health facility.

(4) An ambulatory facility shall provide services within the
scope of its designation to all persons regardless of their place of
residence.

(c) Regulations adopted pursuant to this part establishing staffing
standards for designated facilities shall be consistent with
applicable licensing regulations for the type of facility. If there are
no licensing regulations for the type of designated facility, or for
certain categories of professional personnel providing services in
a type of designated facility, the regulations adopted pursuant to
this part for staffing standards may differentiate between the types
of designated facilities, including ambulatory facilities. On January
1, 2016, the existing regulations establishing staffing standards
for designated facilities set forth in Section 663 of Title 9 of the
California Code of Regulations are repealed and nullified.

begin delete

(d) A county may contract with a facility or other provider in
an adjacent state that, within the discretion and oversight of the
county, will meet the needs of county residents under this part and
that has agreed in writing to meet the terms and conditions
established by the county for the scope of services to be performed
by the facility or other provider. The terms and conditions shall
include the protection of a person’s rights under Article 7
(commencing with Section 5325) of Chapter 2 and access to
persons placed in the facility by patients’ right advocates of the
contracting county.

end delete begin delete

(e)

end delete

begin insert (d) end insert  A county shall not charge or assess a fee for the designation
of begin delete an ambulatory end delete begin insert a end insert facility or begin delete the approval of end delete an authorized
professional.

begin delete

(f)

end delete

begin insert (e) end insert  Each designated facility shall accept, within its clinical
capability and capacity, all categories of persons for whom it is
designated, without regard to insurance or financial status. If a
person presents to a designated facility with a psychiatric
emergency medical condition, as defined in subdivision (f) of
Section 5150.10, that is beyond its capability, the facility shall
assist the person in obtaining emergency services and care at an
appropriate facility.

begin delete

(g)

end delete

begin insert (f) end insert  In order to provide access by members of the public to
information about designated facilities, each county department
responsible for mental health services shall maintain on its Internet
Web site the locations of all designated facilities within the county,
including address, the types of services available at each designated
facility, and the hours of operation for ambulatory facilities. The
Internet Web site shall be updated if there are changes to the
information.

begin delete

(h)

end delete

begin insert (g) end insert  Each county shall report to the department, on at least an
annual basis, a current list of designated facilities within the county,
including the name and address of each facility and its facility
type. The department shall maintain a list of designated facilities,
by county and facility licensure type, on its Internet Web site, and
update the list not less than annually. The department Internet Web
site shall also contain links to each county Internet Web site
required by subdivision begin delete (g). end delete begin insert (f). end insert

begin delete

(i)

end delete

begin insert (h) end insert  Counties are encouraged to share information with adjacent
and other counties with respect to its roster of authorized
professionals. An authorized professional shall not be required to
obtain approval from another county to be an authorized
professional in that county in order to take action under this part.

SEC. 7.  

Section 5024 is added to the Welfare and Institutions
Code, to read:

5024.  

(a) Each county may authorize one or more qualified
persons to act as a local or regional liaison to assist nondesignated
hospitals in the county in accordance with this section and Article
1.1 (commencing with Section 5150.10) of Chapter 2. Two or
more counties may enter into an begin delete inter-county end delete begin insert intercounty end insert
arrangement under which the participating counties agree to
authorize one or more persons to act as a local or regional liaison
to assist nondesignated hospitals in the participating counties in
accordance with this section and Article 1.1 (commencing with
Section 5150.10) of Chapter 2.

(b) The role of the local or regional liaison is to assist a person
who is a patient in an emergency department of a nondesignated
hospital and who has been detained, or may require detention, for
evaluation and treatment. The assistance may include any of the
following:

(1) Arranging for an authorized professional to provide a prompt
probable cause determination under Section 5150.13.

(2) Arranging for an authorized professional to determine
whether the detention for evaluation and treatment of a person
shall be released under Section 5150.15.

(3) Arranging for the placement of a person detained for
evaluation and treatment who begin delete is end delete begin insert has been end insert medically begin delete clear end delete begin insert stabilized end insert
for transfer or discharge to a designated facility.

(c) A local or regional liaison may be employed by, or may
contract with, a county or counties and may include personnel of
one or more designated facilities within the county or counties.
The role of the local or regional liaison may be rotated among the
categories of persons described in this subdivision.

(d) A local or regional liaison shall be available 24 hours a day,
including weekends and holidays, to provide assistance under this
section.

(e) Each county, or counties acting jointly under this section,
shall provide the nondesignated hospitals in the county or counties
with the contact information for a local or regional liaison. The
means of contact may be a designated telephone number, email,
text-messaging or other electronic means, or any combination of
the foregoing, so long as the local or regional liaison has immediate
access to the means of contact. The contact information provided
to nondesignated hospitals shall be updated as necessary.

(f) This section shall not apply to a county that has not
authorized a local or regional liaison.

SEC. 8.  

Section 5025 is added to the Welfare and Institutions
Code, to read:

5025.  

(a) A designated facility or nondesignated hospital, as
defined in subdivision (e) of Section 5150.10, or a physician,
employee, or other staff person acting within the scope of his or
her official duties or employment for the designated facility or
nondesignated hospital shall not be liable for any injury resulting
from determining any of the following:

(1) Whether to detain a person for a mental health begin delete disorder or
addiction, end delete begin insert disorder, inebriation, chronic alcoholism, or the use of
narcotics or a restricted dangerous drug end insert in accordance with this
part.

(2) The terms, conditions, and enforcement of detention for a
person with a mental health begin delete disorder or addiction, end delete begin insert disorder,
inebriation, chronic alcoholism, or the use of narcotics or a
restricted dangerous drug end insert in accordance with this part.

(3) Whether to release a person detained for a mental begin delete health
disorder or addiction, end delete begin insert disorder, inebriation, chronic alcoholism,
or the use of narcotics or a restricted dangerous drug end insert in
accordance with this part.

(b) A physician, employee, or other staff person acting within
the scope of his or her official duties or employment for a
designated facility or nondesignated hospital shall begin delete be end delete not begin insert be end insert liable
for carrying out a determination described in subdivision (a) so
long as he or she uses due care.

begin delete

(c) Nothing in this section shall exonerate a physician, employee,
or other staff person acting within the scope of his or her official
duties or employment for a designated facility or nondesignated
hospital from liability for injury proximately caused by his or her
negligent or wrongful act or omission in carrying out or failing to
carry out any of the following:

(1) A determination to detain or not to detain a person for a
mental health disorder or addiction, in accordance with this part.

(2) The terms or conditions of detention of a person for a mental
health disorder or addiction, in accordance with this part.

(3) A determination to release a person detained for a mental
health disorder or addiction, in accordance with this part.

end delete

SEC. 9.  

Section 5026 is added to the Welfare and Institutions
Code, to read:

5026.  

(a) A designated facility or nondesignated hospital, as
defined in subdivision (e) of Section 5150.10, or a physician,
employee, or other staff person acting within the scope of his or
her official duties or employment for the designated facility or
nondesignated hospital shall not be liable for any of the following:

(1) An injury caused by an eloping or eloped person who has
been detained for a mental health disorder or addiction.

(2) An injury to, or the wrongful death of, an eloping or eloped
person who has been detained for a mental health disorder or
addiction.

(b) Nothing in this section shall exonerate a physician,
employee, or other staff person acting within the scope of his or
her official duties or employment for a designated facility or
nondesignated hospital from liability begin delete in either of the following
situations: end delete begin insert if he or she acted or failed to act because of actual
fraud, corruption, or actual malice. end insert

begin delete

(1) If he or she acted or failed to act because of actual fraud,
corruption, or actual malice.

end delete begin delete

(2) For injuries inflicted as a result of his or her own negligent
or wrongful act or omission on an eloping or eloped person who
has been detained for a mental health disorder or addiction under
this part, in an effort to enforce the detention.

end delete

SEC. 10.  

Section 5150 of the Welfare and Institutions Code is
amended to read:

5150.  

(a) When a person, as a result of a mental health
disorder, is a danger to others, or to himself or herself, or gravely
disabled, a peace officer or an authorized professional acting within
the scope of his or her authorization may, upon probable cause,
take, or cause to be taken, the person into custody for a period of
up to 72 hours for assessment, evaluation, and crisis intervention,
or placement for evaluation and treatment in a facility designated
by the county for evaluation and treatment and approved by the
department. At a minimum, assessment, as defined in subdivision
(c) of Section 5008, and evaluation, as defined in subdivision (n)
of Section 5008, shall be conducted and provided on an ongoing
basis. Crisis intervention, as defined in subdivision (g) of Section
5008, may be provided concurrently with assessment, evaluation,
or any other service. The period of 72-hour detention for evaluation
and treatment shall begin at the time that the person is initially
detained pursuant to this section.

(b) (1) When an individual detained pursuant to subdivision
(a) is taken to a designated facility for evaluation and treatment,
the professional person in charge, a member of the attending staff
of the designated facility, or an authorized professional acting
within the scope of his or her authorization by the county, shall
assess the person to determine whether he or she can be properly
served without being detained. begin delete The assessment under this
subdivision may be performed by an authorized professional in a
designated ambulatory facility or any other setting in accordance
with paragraph (2) of this subdivision and Section 5151. end delete begin insert The
assessment shall be performed based on the clinical condition and
needs of a person detained for evaluation and treatment. This
section shall not be construed to prevent an authorized professional
from providing consultation or other professional assistance by
telehealth. end insert If in the judgment of the authorized professional, the
person can be properly served without being detained, he or she
shall be provided evaluation, crisis intervention, or other inpatient
or outpatient services on a voluntary basis.

(2) If the person detained for evaluation and treatment is taken
to a designated ambulatory facility that is authorized by the county
to conduct an assessment, the assessment shall be conducted by
the professional person in charge of the designated ambulatory
facility or his or her designee acting within the scope of his or her
licensed profession. The assessment in a designated ambulatory
facility may be performed by or in consultation with an authorized
member of the professional staff of a designated inpatient facility
using telehealth if the designated inpatient facility has agreed to
admit the person in accordance with subdivision (a) upon a
determination that an involuntary admission is appropriate.

(3)  begin delete Nothing in this end delete begin insert This end insert section shall begin insert not end insert be begin delete interpreted end delete begin insert construed end insert
to prevent a peace officer, or an authorized professional employee
of an emergency transport provider acting at the direction of the
peace officer, from delivering individuals to a designated facility
for an assessment under this section. Furthermore, the assessment
requirement of this section shall not be begin delete interpreted end delete begin insert construed end insert to
require peace officers or authorized professional employees of
emergency transport providers acting at the direction of the peace
officer to perform any additional duties other than those specified
in Sections 5150.1 and 5150.2.

(4) If an individual detained under subdivision (a) is begin insert first end insert taken
to an emergency department of a nondesignated hospital, as defined
in subdivision (e) of Section 5150.10, the provisions of Article 1.1
(commencing with Section 5150.10) shall apply to the individual
during his or her stay in the emergency department of a
nondesignated hospital. This section does not require the peace
officer or authorized professional who detained the individual
pursuant to subdivision (a) to take or cause begin delete to take end delete the individual
begin insert to be taken end insert to an emergency department of a nondesignated
hospital.

begin delete

(5) The assessment may be performed, based on the clinical
condition and needs of a person detained for evaluation and
treatment, in either a designated inpatient facility, a designated
ambulatory facility, or any other setting. Nothing in this section
shall be construed to prevent an authorized member of the
professional staff of a designated inpatient facility from providing
consultation or other professional assistance by telehealth for a
person detained for evaluation and treatment in a designated
ambulatory facility or other setting.

end delete begin delete

(6)

end delete

begin insert (5) end insert  Notwithstanding paragraph (2) of subdivision (j) of Section
5008, or any regulation, if a person detained for evaluation and
treatment presents or is transferred to a designated ambulatory
facility, and begin insert following a new determination of probable cause, end insert the
professional person in charge of the designated ambulatory facility
or his or her designee determines that the person begin insert continues to meet
the criteria for detention under Section 5150 and end insert should be
admitted to a designated inpatient facility for further evaluation
and treatment, the designated ambulatory facility shall make begin insert and
document end insert good faith efforts to arrange placement for the person
in a designated inpatient facility. begin delete If end delete begin insert Subject to the requirements of
subdivision (a), if end insert the designated ambulatory facility has been
unable to arrange placement for the person in a designated inpatient
facility within 24 hours, the designated ambulatory facility shall
continue to provide evaluation and treatment for the person beyond
24 hours in order to arrange for placement and transfer of the
person to a designated inpatient facility, provided the designated
ambulatory facility begin insert , prior to the expiration of the 24 hours, end insert notifies
the county in which it is located and the mental health begin insert patients’
rights end insert advocate for the county that it is continuing to detain the
person beyond 24 hours. The designated ambulatory facility shall
not transfer or send a person to an emergency department of a
nondesignated hospital begin delete except if end delete begin insert unless end insert the person requires
examination or treatment for a medical condition that is beyond
the capability of the designated ambulatory facility.

(c) Whenever a person is evaluated by an authorized professional
and is found to be in need of mental health services, but is not
admitted to the facility, all available alternative services provided
pursuant to subdivision (b) shall be offered as determined by the
county mental health director.

(d) If, in the judgment of the authorized professional, the person
cannot be properly served without being detained, the admitting
facility shall require an application in writing pursuant to Section
5150.3.

(e) At the time a person is taken into custody for evaluation, or
within a reasonable time thereafter, unless a responsible relative
or the guardian or conservator of the person is in possession of the
person’s personal property, the person taking him or her into
custody shall take reasonable precautions to preserve and safeguard
the personal property in the possession of or on the premises
occupied by the person. The person taking him or her into custody
shall then furnish to the court a report generally describing the
person’s property so preserved and safeguarded and its disposition,
in substantially the form set forth in Section 5211, except that if
a responsible relative or the guardian or conservator of the person
is in possession of the person’s property, the report shall include
only the name of the relative or guardian or conservator and the
location of the property, whereupon responsibility of the person
taking him or her into custody for that property shall terminate.
As used in this section, “responsible relative” includes the spouse,
parent, adult child, domestic partner, grandparent, grandchild, or
adult brother or sister of the person.

(f) (1) Each person, at the time he or she is first taken into
custody under this section, shall be provided, by the person who
takes him or her into custody, the following information orally in
a language or modality accessible to the person. If the person
cannot understand an oral advisement, the information shall be
provided in writing. The information shall be in substantially the
following form:

 

My name is     . I am a     . (peace officer/mental health professional) with     . (name of agency) You are not under criminal arrest, but I am taking you for an examination by mental health professionals at     .     (name of facility) You will be told your rights by the mental health staff.

 

(2) If taken into custody at his or her own residence, the person
shall also be provided the following information:

You may bring a few personal items with you, which I will have
to approve. Please inform me if you need assistance turning off
any appliance or water. You may make a phone call and leave a
note to tell your friends or family where you have been taken.

(g) The designated facility shall keep, for each patient evaluated,
a record of the advisement given pursuant to subdivision (f) which
shall include all of the following:

(1) The name of the person detained for evaluation.

(2) The name and position of the peace officer or mental health
professional taking the person into custody.

(3) The date the advisement was completed.

(4) Whether the advisement was completed.

(5) The language or modality used to give the advisement.

(6) If the advisement was not completed, a statement of good
cause, as defined by regulations of the State Department of Health
Care Services.

(h)  begin delete (1) end delete begin delete   end delete Each person admitted to a facility designated by the
county for evaluation and treatment shall be given the following
information by admission staff of the facility. The information
shall be given orally and in writing and in a language or modality
accessible to the person. The written information shall be available
to the person in English and in the language that is the person’s
primary means of communication. Accommodations for other
disabilities that may affect communication shall also be provided.
The information shall be in substantially the following form:

 

My name is     .

My position here is     .

You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):

◻ Harm yourself.   ◻ Harm someone else.   ◻ Be unable to take care of your own food, clothing, and housing needs. We believe this is true because

(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).

You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.

During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.

If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at    . (phone number for the county Patients’ Rights Advocacy office) Your 72-hour period began    . (date/time)

 

begin delete

(2) If the notice is given in a county where weekends and
holidays are excluded from the 72-hour period, the patient shall
be informed of this fact.

end delete

(i) For each patient admitted for evaluation and treatment, the
facility shall keep with the patient’s medical record a record of the
advisement given pursuant to subdivision (h), which shall include
all of the following:

(1) The name of the person performing the advisement.

(2) The date of the advisement.

(3) Whether the advisement was completed.

(4) The language or modality used to communicate the
advisement.

(5) If the advisement was not completed, a statement of good
cause.

SEC. 11.  

Section 5150.05 of the Welfare and Institutions Code
is amended to read:

5150.05.  

(a) When determining if probable cause exists to
take a person into custody, or cause a person to be taken into
custody, pursuant to Section 5150, a person who is authorized to
take that person, or cause that person to be taken, into custody
pursuant to that section shall consider available relevant
information about the historical course of the person’s mental
disorder if the authorized person determines that the information
has a reasonable bearing on the determination as to whether the
person is a danger to others, or to himself or herself, or is gravely
disabled as a result of the mental disorder.

(b) For purposes of this section, “information about the historical
course of the person’s mental disorder” includes evidence presented
by the person who has provided or is providing mental health or
related support services to the person subject to a determination
described in subdivision (a), evidence presented by one or more
members of the family of that person, and evidence presented by
the person subject to a determination described in subdivision (a)
or anyone designated by that person.

(c) If the probable cause in subdivision (a) is based on the
statement of a person other than one authorized to take the person
into custody pursuant to Section 5150, the person making the
statement shall be liable in a civil action for intentionally giving
a statement that he or she knows to be false.

(d) This section shall not be applied to limit the application of
Section 5328.

SEC. 12.  

Section 5150.1 of the Welfare and Institutions Code
is amended to read:

5150.1.  

(a) A peace officer or authorized professional
employee of an emergency transport provider acting at the direction
of a peace officer, seeking to transport, or having transported, a
person to a designated facility for assessment pursuant to
begin insert subdivision (a) of Section 5150 or end insert Section 5151, shall not be
instructed by mental health personnel to take the person to, or keep
the person at, a jail solely because of the unavailability of an acute
bed. The peace officer or the authorized professional employee of
an emergency transport provider acting at the direction of the peace
officer, shall not be forbidden to transport the person directly to
the designated facility. No mental health employee from any
county, state, city, or any private agency providing psychiatric
emergency services shall interfere with a peace officer or an
authorized professional employee of an emergency transport
provider acting at the direction of a peace officer performing duties
under Section 5150 by preventing the peace officer from detaining
a person for evaluation and treatment or preventing the peace
officer or an authorized professional employee of an emergency
transport provider acting at the direction of a peace officer from
entering a designated facility with the person for an assessment.
An employee of a facility shall not require the peace officer or an
authorized professional employee of an emergency transport
provider acting at the direction of a peace officer to remove the
person without an assessment as a condition of allowing the peace
officer or an authorized professional employee of an emergency
transport provider acting at the direction of a peace officer to
depart.

(b) An emergency transport provider, or any certified or licensed
personnel of an emergency transport provider, shall not be civilly
or criminally liable for any of the following that may be applicable
to the transport of a person who has been detained for evaluation
and treatment:

(1) The continuation of the detention for evaluation and
treatment while transporting the person to a designated facility or
an emergency department of a nondesignated hospital at the
direction of a peace officer or authorized professional who detained
the person for evaluation and treatment.

(2) The continuation of the detention for evaluation and
treatment while transporting the person detained for evaluation
and treatment to a designated facility or an emergency department
of a nondesignated hospital at the direction of the treating
emergency professional in an emergency department of a
nondesignated hospital for an assessment or other service under
Section 5151.

(c) For purposes of this section, “peace officer” means a peace
officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2 of the Penal Code and also includes a jailer
seeking to transport or transporting a person in custody to a
designated facility for an assessment consistent with Section 4011.6
or 4011.8 of the Penal Code and Section 5150.

SEC. 13.  

Section 5150.2 of the Welfare and Institutions Code
is amended to read:

5150.2.  

In each county, whenever a peace officer or the
authorized professional employee of an emergency transport
provider acting at the direction of the peace officer has transported
a person to a designated facility for an assessment, the officer or
professional employee of an emergency transporter shall be
detained no longer than the time necessary to complete
documentation of the factual basis of the detention for evaluation
and treatment and effectuate a prompt, safe, and orderly transfer
of physical custody of the person.

SEC. 14.  

Section 5150.3 is added to the Welfare and
Institutions Code, to read:

5150.3.  

(a) (1) The peace begin delete officer, end delete begin insert officer end insert or an authorized
professional begin delete acting within the scope of his or her authorization by
the county, end delete begin insert who takes a person into custody or otherwise initially
detains a person pursuant to Section 5150 end insert shall complete and sign
an application for detention for evaluation and treatment, in the
form prescribed by subdivision (g), stating the circumstances under
which the person’s condition was called to the attention of the
peace officer or authorized professional, and stating that the peace
officer or authorized professional has probable cause to believe
that the person is, as a result of a mental health disorder, a danger
to others, or to himself or herself, or gravely disabled.

(2) The documentation shall include detailed information
regarding the factual circumstances and observations constituting
probable cause for the peace officer or authorized professional to
believe that the person should be detained for evaluation and
treatment in accordance with Section 5150. If the probable cause
is based on the statement of a person other than the peace officer
or authorized professional, the person shall be liable in a civil
action for intentionally giving a statement that he or she knows is
false.

(3) A designated facility or nondesignated hospital shall require
presentation of the application as a condition of continuation of
the detention for evaluation and treatment. If the application is not
presented to the designated facility or nondesignated hospital, as
applicable, the person shall be immediately released from detention
for evaluation and treatment.

(4) An application for detention for evaluation and treatment
shall be valid in all counties to which the person may be taken to
a designated facility.

(b) (1) If the person detained by a peace officer or authorized
professional is in a location other than a designated facility or
nondesignated hospital, the original or copy of the application for
detention for evaluation and treatment shall be presented to the
designated facility under paragraph (2) or the nondesignated
hospital under paragraph (3).

(2) If after detention under Section 5150, the person is first taken
to a designated facility, the original or a copy of the signed
application for detention for evaluation and treatment shall be
presented to the designated facility.

(3) If after detention under Section 5150, the person is first taken
to a nondesignated hospital, the original or a copy of the signed
application for detention for evaluation and treatment shall be
presented to the nondesignated hospital. If the person is
subsequently transferred to a designated facility, the nondesignated
hospital shall deliver the original or a copy of the signed application
for detention for evaluation and treatment to the designated facility.
If the person is discharged from the nondesignated hospital under
Section 5150.15 or 5150.16, without a transfer to a designated
facility, the nondesignated hospital shall maintain the original or
a copy of the original signed application for detention for
evaluation and treatment.

(c) If a person detained for evaluation and treatment is
subsequently released from detention for evaluation and treatment
pursuant to Section 5150.15 or 5151, the application for detention
for evaluation and treatment in the possession of a designated
facility or nondesignated hospital shall be retained for the period
of time required by the medical records retention policy of the
designated facility or nondesignated hospital.

(d) The determination of a peace officer or authorized
professional to detain a person under Section 5150 and complete
and sign an application for detention for evaluation and treatment,
shall be based solely on whether the person meets the criteria for
detention for evaluation and treatment as set forth in begin delete Sections 5150
and 5150.05. end delete begin insert Section 5150. end insert The determination shall not be delayed,
denied, or refused based on the availability of beds or services at
designated facilities to which a person may be taken under this
article.

(e) If a person detained for evaluation and treatment under
Section 5150 is transported by a professional employee of an
emergency transport provider to a designated facility or
nondesignated hospital at the request of a peace officer or an
authorized professional, the peace officer or authorized professional
shall give the application for detention for evaluation and treatment
to the professional employee of the emergency transport provider
if the peace officer or authorized professional does not accompany
the person to the designated facility or nondesignated hospital.

(f) A copy of the application for detention for evaluation and
treatment shall be given to an emergency transport provider if the
person detained for evaluation and treatment is transported from
a nondesignated hospital to a designated facility or from a
designated facility to another designated facility.

(g) Not later than July 1, 2016, the department shall adopt and
make available a standardized form of the application for detention
for evaluation and treatment that shall be used by peace officers
and authorized professionals to apply for detention of a person for
evaluation and treatment under Section 5150 and by authorized
professionals to release a person from detention for evaluation and
treatment pursuant to Section 5150.15 or 5151. In developing the
form, the department shall request comments from stakeholders
including the organizations described in subdivision (b) of Section
5400. The form of the application for detention for evaluation and
treatment shall, at a minimum, provide all of the following:

(1) A description of the person’s behavior and other relevant
facts that provide the basis for probable cause under Sections 5150
and 5150.05 of the person’s detainment for evaluation and
treatment.

(2) For persons detained for evaluation and treatment who are
first taken to an emergency department of a nondesignated hospital,
documentation of the facts and conclusions that provide the basis
for the determination of medical clearance, excluding a psychiatric
emergency medical condition, by the emergency professional
treating the person in the emergency department to transfer the
person to a designated facility.

(3) Documentation of the facts and conclusions that provide the
basis for the determination by an authorized professional authorized
to perform an assessment that the person should be admitted for
involuntary evaluation and treatment under Section 5152.

(4) Determination of the facts and conclusions that support the
determination by an authorized professional authorized to release
a person from detention in accordance with Section 5150.14 or
5151.

(5) Request by a peace officer under Section 5152.1 for
notification of the person’s release or discharge by a designated
facility or nondesignated hospital.

begin insert

(6) All of the information required by subdivision (f) of Section
5150.

end insert

SEC. 15.  

Section 5150.4 of the Welfare and Institutions Code
is repealed.

SEC. 16.  

Article 1.1 (commencing with Section 5150.10) is
added to Chapter 2 of Part 1 of Division 5 of the Welfare and
Institutions Code, to read:

 

Article 1.1.  Persons Detained in Nondesignated Hospitals

 

5150.10.  

Unless the context otherwise requires, the following
definitions shall govern the construction of this article:

(a) “Emergency department of a nondesignated hospital” means
a basic, comprehensive, or standby emergency medical service
that is approved by the State Department of Public Health as a
special or supplemental service of a nondesignated hospital. For
purposes of this part, an emergency department of a nondesignated
hospital shall include an observation or similar unit of the hospital
that meets both of the following criteria:

(1) The unit is operated under the direction and policies of the
emergency department.

(2) The unit provides continuing emergency services and care
to patients prior to an inpatient admission, transfer, or discharge.

(b) “Emergency professional” means either of the following:

(1) A physician and surgeon who is board certified or pursuing
board certification in emergency medicine, or a qualified licensed
person, as defined in subdivision (g), during any scheduled period
that he or she is on duty to provide medical screening and treatment
of patients in an emergency department of a nondesignated hospital.

(2) A physician and surgeon, or a qualified licensed person, as
defined in subdivision (g), during any scheduled period that he or
she is on duty to provide medical screening and treatment of
patients in the emergency department of a nondesignated hospital
that is a critical access hospital within the meaning of Section
1250.7 of the Health and Safety Code. A physician and surgeon
on duty under this paragraph shall include a physician and surgeon
on call for a standby emergency medical service who is responsible
to provide professional coverage for the emergency department.
A physician and surgeon on duty under this paragraph does not
include a physician and surgeon who is providing on-call specialty
coverage services to the emergency department of a nondesignated
hospital, unless the physician and surgeon is an emergency
professional under paragraph (1).

(c) “Emergency services and care” has the same meaning as in
subdivision (a) of Section 1317.1 of the Health and Safety Code.

(d) “EMTALA” means the Emergency Medical Treatment and
Labor Act, and regulations adopted pursuant thereto, as defined
in Section 1395dd of Title 42 of the United States Code.

(e) “Nondesignated hospital” means a general acute care
hospital, as defined in subdivision (a) of Section 1250 of the Health
and Safety Code or an acute psychiatric hospital, as defined in
subdivision (b) of Section 1250 of the Health and Safety Code,
that is not a designated facility.

(f) “Psychiatric emergency medical condition” has the same
meaning begin insert as end insert in subdivision (k) of Section 1317.1 of the Health and
Safety Code.

begin insert

(g) “Psychiatric professional” means a physician and surgeon
who is board certified or pursuing board certification in psychiatry
and who is providing specialty services to the emergency
department of a nondesignated hospital.

end insert begin delete

(g)

end delete

begin insert (h) end insert  “Qualified licensed person” means a licensed person
designated by the medical staff and governing body of a
nondesignated hospital to provide emergency services and care,
to the extent permitted by applicable law, in an emergency
department of the nondesignated hospital under the supervision
of a physician and surgeon.

begin delete

(h)

end delete

begin insert (i) end insert  “Stabilized” has the same meaning as in subdivision (j) of
Section 1317.1 of the Health and Safety Code.

5150.11.  

(a) The Legislature finds and declares all of the
following:

(1) A person who has been detained for evaluation and treatment
pursuant to Section 5150 should be taken to a designated facility
rather than an emergency department of a nondesignated hospital.

(2) A person who has been detained for evaluation and treatment
pursuant to Section 5150 should be detained in an emergency
department of a nondesignated hospital only for the time necessary
to provide required emergency services and care and obtain medical
clearance, unless the person requires an admission for inpatient
services.

(3) A person who has been detained for evaluation and treatment
pursuant to Section 5150 has the right to receive a prompt
assessment to determine the appropriateness of the detention and
the need for evaluation and treatment at a designated facility.

(b) It is also the intent of the Legislature that nothing in this
chapter shall be construed to require a peace officer or any other
authorized professional to take a person detained for evaluation
and treatment to an emergency department of a nondesignated
hospital instead of taking the person to a designated facility, unless
the peace officer or authorized professional reasonably determines
that the person is in need of emergency care and services that
should be provided at an emergency department of a nondesignated
hospital before the person is transported to a designated facility.

5150.12.  

(a) This section shall apply to a person who has been
detained for evaluation and treatment by a peace officer or an
authorized professional and is taken to an emergency department
of a nondesignated hospital for emergency services and care.

(b) While the person is in the emergency department of the
nondesignated hospital, the detention of the person for evaluation
and treatment shall continue, unless the person is released from
detention pursuant to Section 5150.15 or 5150.16.

5150.13.  

(a) This section shall apply if, during a person’s
examination or treatment in an emergency department, there is a
need for a begin insert determination of end insert probable cause begin delete determination that end delete begin insert for
the detention of end insert the person begin delete should be detained end delete for evaluation and
treatment.

(b) If a person who has not been detained for evaluation and
treatment has signs or symptoms, in the judgment of the treating
emergency professional, that indicate probable cause for detention
for evaluation and treatment, the person shall have the right to a
prompt probable cause determination in accordance with any of
the following:

(1) The hospital may contact the county to arrange for a probable
cause determination by an authorized professional, including, but
not limited to, a member of a mobile crisis team.

(2) (A) If the county in which the nondesignated hospital is
located has a local or regional liaison, the hospital may contact the
local or regional liaison to arrange for an authorized professional
to provide a prompt probable cause determination of the person.

(B) The local or regional liaison shall advise the nondesignated
hospital within 30 minutes of the time of the initial contact whether
an authorized professional can perform the probable cause
determination within two hours from the time of the initial contact
with the local or regional liaison.

(C) The probable cause determination shall be based solely on
the criteria for detaining a person for evaluation and treatment.
The probable cause determination shall not consider the availability
of beds or services at designated facilities within or outside of the
county.

(D) The probable cause determination may be conducted by an
authorized professional utilizing telehealth.

(3) The treating emergency professional may conduct a probable
cause determination and, upon a finding of probable cause, detain
the person for evaluation and treatment in accordance with Sections
5150 and 5150.3.

(c) If the person is detained for evaluation and treatment
pursuant to this section, the detention shall continue during his or
her stay in the emergency department of a nondesignated hospital,
unless the person is released from detention pursuant to Section
5150.15 begin insert or 5150.16 or the detention ends by reason of the
expiration of 72 hours pursuant to subdivision (a) of Section 5150 end insert .

5150.14.  

(a) This section shall apply to a person who is begin insert first end insert
detained pursuant to Section 5150 for evaluation and treatment in
a nondesignated hospital emergency department or has been
detained pursuant to Section 5150 for evaluation and treatment begin delete by
a peace officer end delete and begin insert first end insert taken to an emergency department of a
nondesignated hospital.

(b) (1) Except as provided in subdivision (e), the nondesignated
hospital shall notify the county in which the nondesignated hospital
is located of the person’s detention begin delete status end delete .

(2) If the person was detained for evaluation and treatment and
taken to the emergency department of the nondesignated hospital
pursuant to Section 5150.12, the notification shall occur after the
hospital has performed an initial medical screening of the person
in accordance with paragraphs (1) and (2) of subdivision (a) of
Section 1317.1 of the Health and Safety Code.

(3) If the person is first detained for evaluation and treatment
in the emergency department of the nondesignated hospital
pursuant to Section 5150.13, the notification shall occur when the
probable cause determination has been completed.

(c) The notification to the county shall be made using the
24-hour toll-free telephone number established by the county’s
mental health program for psychiatric emergency services and
crisis stabilization if the county’s mental health program has a
24-hour toll-free telephone number in operation on January 1,
2016, for this purpose. The notification shall be documented in
the patient’s medical record.

(d) The nondesignated hospital shall advise the county of all of
the following:

(1) The time when the 72-hour detention period for evaluation
and treatment expires.

(2) An estimate of the time when the person will be medically
stable for transfer to a designated facility.

(3) The county in which the person resides, if known.

(e) The notification to the county under this section shall not
be required if the treating emergency professional determines that
the person will be admitted, pursuant to Section 5150.16, to an
acute care bed of a nondesignated hospital for the primary purpose
of receiving acute inpatient services for a medical condition that
is in addition to the person’s psychiatric condition.

5150.15.  

(a) This section shall establish a process for releasing
begin insert from detention end insert a person begin delete from detention for evaluation and treatment
during the period of end delete begin insert who has been detained for evaluation and
treatment during the end insert time that the person is begin delete receiving emergency
services and care end delete begin insert detained end insert in the emergency department of a
nondesignated hospital.

(b) If the treating emergency professional determines that there
is no longer probable cause to continue the detention for evaluation
and treatment, the treating emergency professional may initiate a
followup probable cause determination to determine whether the
person may be released from detention for evaluation and
treatment. The followup probable cause determination shall be
made in accordance with either of the following:

(1) The hospital may contact the county, or a local or regional
liaison if authorized by the county, to arrange for an authorized
professional to perform a followup probable cause determination
to determine whether the person may be released from detention
for evaluation and treatment. If a county or a local or regional
liaison cannot arrange for an authorized professional to make the
determination within two hours of the initial call to the county or
the local or regional liaison begin insert and there is no probable cause for
detention end insert , the treating emergency professional may perform a
followup probable cause determination to determine whether the
person may be released from detention for evaluation and
treatment.

(2) The treating emergency professional, without first contacting
the county or a local or regional liaison, may perform a followup
probable cause determination to determine whether the person
may be released from detention for evaluation and treatment.

(c) The determination under this section to release a person from
detention for evaluation and treatment shall be based begin insert solely end insert on
whether there is probable cause to continue the detention for
evaluation and treatment. The determination to continue begin insert the
detention end insert or begin insert to end insert release the person from detention shall not be based
on the availability of beds or services at designated facilities within
or outside of the county begin insert , or on anything other than whether there
is probable cause for detention end insert .

(d) The followup probable cause determination under this section
may be conducted by an authorized professional utilizing
telehealth.

begin insert

(e) The followup probable cause determination under this
section may be conducted by a psychiatric professional.

end insert

5150.16.  

(a) This section shall apply to a person detained for
evaluation and treatment who is admitted to a begin insert nonpsychiatric unit
of a end insert general acute care hospital begin delete bed end delete for acute medical services.
This section shall apply to all general acute care hospitals,
including general acute care hospitals that are designated facilities.

(b) If the person detained for evaluation and treatment is
admitted to a begin insert nonpsychiatric unit of a end insert general acute care hospital
begin delete bed end delete for the primary purpose of receiving acute inpatient services
for a medical condition that is in addition to the person’s
psychiatric condition, the effect on the detention for evaluation
and treatment while receiving acute medical services shall be as
follows:

(1) If the hospital offers to provide assessment, evaluation, and
crisis intervention services and the person consents to the services
on a voluntary basis in addition to acute medical begin delete services, the
detention for evaluation and treatment shall be released end delete begin insert services,
the person shall be released from detention end insert .

(2) If the hospital offers to provide assessment, evaluation, and
crisis intervention services and the person refuses begin insert or is unable end insert to
consent to the services on a voluntary basis in addition to acute
medical services, the detention for evaluation and treatment shall
continue in effect during the acute hospital stay begin insert , for so long as
there continues to be probable cause for the detention end insert .

(3) If the hospital does not have the capability to provide
assessment, evaluation, and crisis intervention services, the begin insert person
shall be released from end insert detention for evaluation and treatment begin delete shall
be released end delete .

(c) The release of the person from detention for evaluation and
treatment shall be communicated to the person and documented
in the person’s medical record.

(d) This section shall not apply to a person detained for
evaluation and treatment who meets both of the following:

(1) The person does not require acute inpatient services for a
medical condition.

(2) The person is awaiting a transfer to a designated facility and
is placed in an acute bed of the nondesignated hospital for the
purpose of securing the protection of the person or other persons,
or both, in the nondesignated hospital pending the transfer of the
person to a designated facility.

(e) In all cases described in subdivision (b), if the discharge
plan for the patient provides for followup evaluation and treatment
at a psychiatric facility, the patient shall be advised of the
recommended need for the followup evaluation and treatment.

(f) If the person is not able or willing to accept treatment on a
voluntary basis, or to accept the referral or transfer to a psychiatric
facility, the hospital shall obtain a new probable cause
determination for detention for evaluation and treatment pursuant
to Section 5150 in order to take or cause the person to be taken to
a designated facility. Upon request by the hospital, a county shall
arrange for an authorized professional to conduct a probable cause
determination in a timely manner, which may be performed by the
authorized professional utilizing telehealth.

5150.17.  

(a) This section, together with Sections 5150.18 and
5150.19, shall apply to the placement begin delete with end delete begin insert in end insert a designated facility
of a person in a nondesignated hospital emergency department
who has been detained for evaluation and treatment.

(b) The person may be placed begin delete with end delete begin insert in end insert any designated facility
that has the capability to meet the needs of the person, including
a designated ambulatory facility.

(c)  begin delete If end delete begin insert Prior to end insert placement begin delete is made with end delete begin insert in end insert a designated
ambulatory facility, personnel at the designated ambulatory facility
shall confirm whether the facility can meet the needs of the person
within the scope of its designation and capability.

5150.18.  

(a) This section shall apply to the placement begin delete with end delete begin insert in end insert
a designated facility for a person described in Section 5150.17 if
the person has a psychiatric emergency medical condition.

(b) If a person, in the judgment of the treating emergency
professional, has a psychiatric emergency medical condition, the
placement begin delete with end delete begin insert in end insert a designated facility shall be made as follows:

(1) The placement may be begin delete with end delete begin insert in end insert any designated facility that
has the capability and capacity to provide evaluation and treatment
for the person, whether that designated facility is located within
or outside of the county of the hospital.

(2) The treating emergency professional shall determine the
mode of transportation, including personnel and equipment, that
are appropriate for the transport of the person to the designated
facility.

(3) In the event of a disagreement as to whether the person under
this section has a psychiatric emergency medical condition, the
judgment of the treating emergency professional shall prevail.

(4) The placement of a person described in this subdivision shall
take precedence over provider networks.

(c) If the person, in the judgment of the treating emergency
professional, does not have a psychiatric emergency medical
condition, the placement of the person begin delete with end delete begin insert in end insert a designated facility
for evaluation and treatment shall be deemed to be made for a
medical reason within the meaning of Section 1317.2 of the Health
and Safety Code.

(d) This section shall also apply to a person who begin delete is end delete begin insert has been end insert
medically begin delete clear end delete begin insert stabilized end insert , but is being held in an inpatient unit of
the nondesignated hospital for the purposes of ensuring the safety
and security of the person or other persons, pending placement of
the person begin delete with end delete begin insert in end insert a designated facility for evaluation and
treatment.

begin insert

(e) If a person detained for evaluation and treatment is in the
emergency department of a nondesignated hospital, or in a bed
not licensed for psychiatric care, the nondesignated hospital shall
make good faith efforts to arrange placement for the person in a
designated facility and, pending placement, shall provide further
screening, treatment, and monitoring consistent with the needs of
the patient and within the capacity of the hospital.

end insert

5150.19.  

(a) This section describes assistance that may be
available to an emergency department of a nondesignated hospital
for the placement begin delete with end delete begin insert in end insert a designated facility of a person described
in Section 5150.17.

(b) If a person has been taken to or detained by a
county-authorized professional in the emergency department of
the nondesignated hospital, the authorized professional shall assist
the nondesignated hospital in arranging for the placement of the
person with an appropriate designated facility.

(c) If a person is detained for evaluation and treatment by a
peace officer or a treating emergency professional in the emergency
department of the nondesignated hospital, the hospital may contact
the local or regional liaison, if authorized for the county in which
the nondesignated hospital is located, to assist the hospital in
arranging for the placement of the person begin delete with end delete begin insert in end insert a designated
facility, as follows:

(1) Contact with the local or regional liaison may be initiated
when the treating emergency professional has begin delete determined that the
person is end delete medically begin delete clear end delete begin insert stabilized the person end insert for placement begin delete with end delete
begin insert in end insert a designated facility.

(2) The hospital shall inform the begin insert county or the end insert local begin delete and end delete begin insert or end insert
regional liaison whether the person has a psychiatric emergency
medical condition that requires a transport of the person in
accordance with the EMTALA obligations for making an
appropriate transfer.

(d) A nondesignated hospital begin delete may pursue end delete begin insert shall make end insert efforts to
obtain placement of the person begin insert in a designated facility end insert without
first contacting the begin insert county or the end insert local or regional liaison under
this section or in addition to requesting assistance that may be
provided by the begin insert county or the end insert local or regional liaison.

5150.20.  

(a) The determination of probable cause to detain a
person for evaluation and treatment shall be independent of a
determination as to whether the person has a psychiatric emergency
medical condition for the provision of emergency services and
care.

(b) A determination of probable cause to detain a person for
evaluation and treatment, whether by a peace officer or an
authorized professional, shall not be deemed to constitute a
psychiatric emergency medical condition unless a treating
emergency professional begin insert or psychiatric professional end insert has determined
that the person has a psychiatric emergency medical condition.

(c) A determination by a treating emergency professional begin insert or a
psychiatric professional end insert that a person has a psychiatric emergency
medical condition shall not be deemed to constitute probable cause
under Section 5150 that the person may be detained for evaluation
and treatment.

(d) A determination by a treating emergency professional begin insert or a
psychiatric professional end insert that a person detained for evaluation and
treatment does not have a psychiatric emergency medical condition,
or that the person’s psychiatric emergency medical condition is
stabilized, shall not be deemed to constitute a release of the person
from detention for evaluation and treatment.

5150.21.  

(a) A nondesignated hospital and the professional
staff of the nondesignated hospital shall not be civilly or criminally
liable for begin delete transferring end delete begin insert the transfer of end insert a person detained for
evaluation and treatment to a designated facility in accordance
with this article.

(b) The peace officer or authorized professional responsible for
the detention of the person for evaluation and treatment who
transfers the custody of the person to an emergency professional
of a nondesignated hospital, shall not be civilly or criminally liable
for any of the following:

(1) The continuation and enforcement of the detention for
evaluation and treatment during the person’s stay in the emergency
department of the nondesignated hospital prior to the discharge of
the person begin insert from the hospital end insert in accordance with this article.

(2) The release of the person from detention for evaluation and
treatment in accordance with this article.

(3) The transfer of the person detained for evaluation and
treatment to a designated facility in accordance with this article.

SEC. 17.  

Article 1.2 (commencing with Section 5150.30) is
added to Chapter 2 of Part 1 of Division 5 of the Welfare and
Institutions Code, to read:

 

Article 1.2.  Voluntary Patients

 

5150.30.  

(a) A provider of ambulance services licensed by the
Department of the California Highway Patrol or operated by a
public safety agency, and the employees of those providers who
are certified or licensed under Section 1797.56 of the Health and
Safety Code, shall be authorized to transport a person who is
begin delete transferring end delete begin insert in a hospital or facility end insert on a voluntary basis to a
designated facility for psychiatric treatment. This section shall
apply to transfers from any type of facility, including nondesignated
hospitals and other facilities.

(b) A person shall not be detained for evaluation and treatment
solely for the purpose of transporting the person, or transferring
the person by a provider of ambulance services, to a designated
facility or an emergency department of a nondesignated hospital.

(c) Not later than July 1, 2016, the department shall adopt and
make available a standardized form that will enable voluntary
patients to consent to transfer between facilities by a provider of
ambulance services. The form shall be provided to voluntary
patients to sign before the begin delete arrival of the provider of ambulance
services end delete begin insert transfer of the patient end insert . The form shall be kept in the
patient’s chart. Copies of the form shall be given to the patient and
the provider of ambulance services.

(d) This section shall apply to all patients who are on voluntary
status, regardless of whether the person was previously detained
for evaluation and treatment at any point during the course of
treatment at a nondesignated hospital or designated facility prior
to the transfer.

(e) No person shall require a person to be subject to detention
for evaluation and treatment for the purpose of authorizing or
providing evaluation, treatment, or admission to a facility, or as a
condition for providing or paying for medical services, care, or
treatment, including emergency services and care, unless there is
probable cause under Section 5150 to detain the person for
evaluation and treatment and the person cannot be properly served
on a voluntary basis. Nothing in this part shall be construed as
preventing a person subject to detention for evaluation and
treatment from receiving evaluation or treatment on a voluntary
basis unless there has been an adjudication under this part that the
person lacks the capacity to do so.

SEC. 18.  

The heading of Article 1.3 (commencing with Section
5151) is added to Chapter 2 of Part 1 of Division 5 of the Welfare
and Institutions Code, to read:

 

Article 1.3.  Admission to a Designated Facility

 

SEC. 19.  

Section 5151 of the Welfare and Institutions Code is
amended to read:

5151.  

(a) If a designated facility for evaluation and treatment
admits the person, it may detain him or her for evaluation and
treatment for a period not to exceed 72 hours from the time that
the person was initially detained pursuant to subdivision (a) of
Section 5150.

(b) Prior to admitting a person to the facility for begin delete treatment and end delete
evaluation begin insert and treatment end insert , the professional person in charge of the
facility or his or her designee shall conduct an assessment of the
individual in person to determine the appropriateness of the
involuntary detention.

SEC. 20.  

Section 5151.1 is added to the Welfare and
Institutions Code, to read:

5151.1.  

If the assessment results in a determination that the
person is in need of mental health services, but he or she is not
admitted to the facility, the designated facility shall provide the
person with appropriate referrals and a list of alternative services
and other resources that are appropriate to the needs of the person.
The alternative services and other resources shall include both of
the following, as applicable:

(a) The services described in subdivision (b) of Section 5150.

(b) The services for persons with severe mental illness and
substance use disorders posted by a county on its Internet Web
site pursuant to Section 5013.

SEC. 21.  

Section 5151.2 is added to the Welfare and
Institutions Code, to read:

5151.2.  

(a) Each county shall establish disposition procedures
and guidelines with local law enforcement agencies for the safe
and orderly transfer of persons detained for evaluation and
treatment by a peace officer, who has requested notification under
Section 5152.1 of the person’s release from detention for evaluation
and treatment in accordance with Section 5150.15, 5150.16, or
5151. The disposition procedures and guidelines shall include
persons who are not admitted for evaluation and treatment and
who decline alternative mental health services and persons who
have a criminal detention pending.

(b) The disposition procedures and guidelines should include
interagency communication between law enforcement agencies
located within the county, as well as law enforcement agencies
located in other counties, that take or arrange to take persons
detained for evaluation and treatment under Section 5150 to health
facilities within the county. The disposition procedures and
guidelines, including updates, shall be disseminated to designated
facilities and nondesignated hospitals.

SEC. 22.  

Section 5152.1 of the Welfare and Institutions Code
is amended to read:

5152.1.  

(a) A designated facility or nondesignated hospital
shall notify the county mental health director, or the director’s
designee, and the law enforcement agency that employs the peace
officer who makes the application for detention for 72-hour
evaluation and treatment pursuant to Section 5150, if the person
admitted pursuant to Section 5152 will be discharged after a
72-hour inpatient admission, when the person is not admitted by
the designated facility, when the person discharged before the
expiration of the 72-hour inpatient admission, when the person
discharged from detention for evaluation and treatment is released
under Section 5150.15, 5150.16, or 5151, or if the person elopes
from a designated facility or nondesignated hospital, if both of the
following conditions apply:

(1) The peace officer who made the application for detention
for evaluation and treatment requests notification of the person’s
release or discharge at the time he or she makes the application
for detention for evaluation and treatment and the peace officer
certified at that time in writing that the person has been detained
for evaluation and treatment under circumstances which, based
upon an allegation of facts regarding actions witnessed by the
officer or another person, would support the filing of a criminal
complaint. The application for detention for evaluation and
treatment shall include one or more methods of contacting a person
at the law enforcement agency who may receive the notification.

(2) The notice is limited to the person’s name, address, date of
admission or initial service, and date of release.

(b) If a police officer, law enforcement agency, or designee of
the law enforcement agency, possesses any record of information
obtained pursuant to the notification requirements of this section,
the officer, agency, or designee shall destroy that record two years
after receipt of notification.

(c) The notice required by this section shall be made prior to
the release or discharge of the person, if possible. The designated
facility or nondesignated hospital shall consider the distance begin delete of end delete
begin insert from end insert the law enforcement agency to the location of the designated
facility or nondesignated hospital in giving the notice. The peace
officer or other representative of the law enforcement agency
receiving the notice shall promptly advise the designated facility
or nondesignated hospital whether the peace officer or other law
enforcement agency representative shall take custody of the person
upon his or her release or discharge from the designated facility
or nondesignated hospital and, if so, the time at which the peace
officer or other law enforcement agency representative will be
present at the designated facility or nondesignated hospital.

(d) Nothing in this section shall be construed to require the
designated facility or nondesignated hospital to delay the discharge
of a person for purposes of awaiting the arrival of the peace officer
or another representative of the law enforcement agency.

SEC. 23.  

Section 5152.2 of the Welfare and Institutions Code
is repealed.

SEC. 24.  

Section 5152.2 is added to the Welfare and
Institutions Code, to read:

5152.2.  

In addition to the request for notification set forth in
the application for detention for evaluation and treatment, each
law enforcement agency shall arrange with the county mental
health director for a method for designated facilities and
nondesignated hospitals to give prompt notification to peace
officers under Section 5152.1. The methods for notification for
each county shall be disseminated by the county to the designated
facilities and nondesignated hospitals located within the county.

SEC. 25.  

Section 5153 of the Welfare and Institutions Code is
amended to read:

5153.  

Whenever possible, officers charged with apprehension
of persons pursuant to this chapter shall dress in plain clothes and
travel in unmarked vehicles.

SEC. 26.  

Section 5270.50 of the Welfare and Institutions Code
is amended to read:

5270.50.  

(a) Notwithstanding Section 5113, if the provisions
of Section 5270.35 have been met, the professional person in
charge of the facility providing intensive treatment, his or her
designee, the medical director of the facility or his or her designee
described in Section 5270.53, the psychiatrist directly responsible
for the person’s treatment, or the psychologist shall not be held
civilly or criminally liable for any action by a person released
before the end of 30 days pursuant to this article.

(b) The professional person in charge of the facility providing
intensive treatment or his or her designee, the medical director of
the facility or his or her designee described in Section 5270.35,
the psychiatrist directly responsible for the person’s treatment, or
the psychologist shall not be held civilly or criminally liable for
any action by a person released at the end of the 30 days pursuant
to this article.

(c) The attorney or advocate representing the person, the
court-appointed commissioner or referee, the certification review
hearing officer conducting the certification review hearing, and
the peace officer responsible for detaining the person shall not be
civilly or criminally liable for any action by a person released at
or before the end of 30 days pursuant to this article.