Amended in Assembly April 30, 2015

Amended in Assembly April 23, 2015

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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,begin delete 5150.25end deletebegin insert 5150.2.5end insert, 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:

P2    1

SECTION 1.  

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

3

5001.  

The provisions of this part and Part 1.5 (commencing
4with Section 5585) shall be construed to promote the legislative
5intent as follows:

6(a) To end the inappropriate, indefinite, and involuntary
7commitment of persons with mental health disorders,
8developmental disabilities, and chronic alcoholism, and to eliminate
9legal disabilities.

10(b) To provide prompt evaluation and treatment of persons with
11mental health disorders or impaired by chronic alcoholism.

12(c) To guarantee and protect public safety.

13(d) To safeguard individual rights through judicial review.

14(e) To provide individualized treatment, supervision, and
15placement services by a conservatorship program for persons who
16are gravely disabled.

17(f) To encourage the full use of all existing agencies,
18professional personnel, and public funds to accomplish these
P3    1objectives and to prevent duplication of services and unnecessary
2expenditures.

3(g) To protect persons with mental health disorders and
4developmental disabilities from criminal acts.

5(h) To provide consistent standards for protection of the personal
6rights of persons receiving services under this part and under Part
71.5 (commencing with Section 5585).

8(i) To provide services in the least restrictive setting appropriate
9to the needs of each person receiving services under this part and
10under Part 1.5 (commencing with Section 5585).

11(j) To ensure that persons receive services from facilities and
12providers that are qualified and best suited to provide the services,
13and that persons are not detained in settings that are not therapeutic
14or not designed to meet their needs.

15(k) To affirm that no person may be presumed to be incompetent
16because he or she has been evaluated or treated for a mental health
17disorder or chronic alcoholism, regardless of whether that
18evaluation or treatment was voluntarily or involuntarily received.

19

SEC. 2.  

Section 5001.5 is added to the Welfare and Institutions
20Code
, to read:

21

5001.5.  

It is the intent of the Legislature that each county shall
22have the responsibility to ensure that all persons with mental health
23disorders who are subject to detention under this part or under Part
241.5 (commencing with Section 5585) receive prompt evaluation
25and treatment in accordance with this part and Part 1.5
26(commencing with Section 5585), including prompt assessment
27of the need for evaluation and treatment. It is the intent of the
28Legislature that each county establish and maintain a mental health
29service system that has sufficient capacity to ensure the provision
30of services under this part and Part 1.5 (commencing with Section
315585), including, at a minimum, the services required under
32paragraph (2) of subdivision (a) of Section 5651.

33

SEC. 3.  

Section 5008 of the Welfare and Institutions Code is
34amended to read:

35

5008.  

Unless the context otherwise requires, the following
36definitions shall govern the construction of this part:

37(a) “Antipsychotic medication” means medication customarily
38prescribed for the treatment of symptoms of psychoses and other
39severe mental and emotional disorders.

P4    1(b) “Application for detention for evaluation and treatment”
2means the written application set forth in Section 5150.3.

3(c) (1) “Assessment” means the determination, as described in
4subdivision (b) of Section 5150 and Section 5151, of the following:

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

7(B) Whether the person is in need of evaluation and treatment
8and, if so, what services are needed for the person.

9(C) Whether the person can be properly served without being
10detained, in which case the services shall be provided on a
11voluntary basis.

12(2) “Assessment” includes, but is not limited to, mental status
13determination, analysis of clinical and social history, analysis of
14relevant cultural issues and history, diagnosis, and the use of testing
15procedures.

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

17(1) A mental health professional or category of mental health
18professionals, excluding peace officers, who are authorized in
19writing by a county to provide services described in this
20subdivision. An authorized professional shall have appropriate
21training in mental health disorders and determination of probable
22cause, and shall have relevant experience in providing services to
23persons with mental health disorders.

24(2) An authorized professional as described in paragraph (1)
25who is a member of the staff of a designated facility and who is
26authorized by the facility to provide services described in this
27subdivision.

28(3) A member of a mobile crisis team who is authorized in
29writing by a county to provide services described in this
30subdivision.

31(e) “Conservatorship investigation” means an investigation, by
32an agency appointed or designated by the governing body, of cases
33in which conservatorship is recommended pursuant to Chapter 3
34 (commencing with Section 5350).

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

36(g) “Court-ordered evaluation” means an evaluation ordered by
37a superior court pursuant to Article 2 (commencing with Section
385200) or by a superior court pursuant to Article 3 (commencing
39with Section 5225) of Chapter 2.

P5    1(h) “Crisis intervention” consists of an interview or series of
2interviews within a brief period of time, conducted by qualified
3professionals, and designed to alleviate personal or family
4situations which present a serious and imminent threat to the health
5or stability of the person or the family. The interview or interviews
6may be conducted in the home of the person or family, or on an
7inpatient or outpatient basis with such therapy, or other services,
8as may be appropriate. The interview or interviews may include
9family members, significant support persons, providers, or other
10entities or individuals, as appropriate and as authorized by law.
11Crisis intervention may, as appropriate, include suicide prevention,
12psychiatric, welfare, psychological, legal, or other social services.

13(i) “Crisis stabilization service or unit” means an ambulatory
14service that provides probable cause determinations and
15assessments, collateral services, and therapy within the scope of
16its designation under this part.

17(j) “Department” means the State Department of Health Care
18Services.

19(k) (1) “Designated facility” means a facility or a specific unit
20or part of a facility that is licensed or certified as a mental health
21evaluation facility, a mental health treatment facility, or a mental
22health evaluation and treatment facility. A designated facility may
23be an inpatient facility or an ambulatory facility.

24(2) “Inpatient facility” means a health facility, or an inpatient
25unit of a health facility, as defined in Chapter 2 (commencing with
26Section 1250) of Division 2 of the Health and Safety Code, that
27is licensed by the State of California, has the capability to admit
28and treat persons on an inpatient basis subject to the requirements
29of this part, and is designated by a county pursuant to Section 5023.
30Inpatient facility also includes a hospital or the inpatient unit of a
31hospital operated by the United States government that has the
32capability to admit and treat persons on an inpatient basis, subject
33to the requirements of this part, and that is designated by the county
34pursuant to Section 5023. A designated inpatient facility includes
35any of the following:

36(A) A general acute care hospital, as defined in subdivision (a)
37of Section 1250 of the Health and Safety Code.

38(B) An acute psychiatric hospital, as defined in subdivision (b)
39of Section 1250 of the Health and Safety Code.

P6    1(C) A psychiatric health facility, as defined in Section 1250.2
2of the Health and Safety Code.

3(D) A correctional treatment center, as defined in Section 1250
4of the Health and Safety Code, operated by a county, city, or city
5and county law enforcement agency. The department may approve
6an unlicensed correctional treatment center that is in existence as
7of January 1, 2016, if the correctional treatment center meets all
8of the licensing requirements except those that are structurally
9impracticable.

10(3) “Ambulatory facility” means a facility designated by a
11county under Section 5023 that provides psychiatric services lasting
12less than 24 hours in accordance with applicable law and within
13the scope of the designation. An ambulatory facility may include
14an outpatient hospital department, clinic, crisis stabilization facility
15or unit, facility of a medical group, facility of a provider
16organization other than a medical group, or other facility that meets
17the requirements established by the department in accordance with
18Section 5023.

19(l) “Detained for evaluation and treatment” and “detention for
20evaluation and treatment” mean the taking into custody and
21detention of a person in accordance with Section 5150.

22(m) “Emergency” means a sudden marked change in the
23person’s condition such that action to impose treatment over the
24person’s objection is immediately necessary for the preservation
25of life or the prevention of serious bodily harm to the patient or
26others, and it is impracticable to first gain consent. It is not
27necessary for harm to take place or become unavoidable prior to
28treatment.

29(n) “Emergency transport provider” means a provider of
30ambulance services licensed by the Department of the California
31Highway Patrol or operated by a public safety agency and includes
32the authorized personnel of an emergency transport provider who
33are certified or licensed under Sections 1797.56, 1797.80, 1797.82,
34and 1797.84 of the Health and Safety Code.

35(o) “Evaluation” means a multidisciplinary professional analyses
36of a person’s medical, psychological, educational, social, financial,
37and legal conditions as may appear to constitute a problem. Persons
38providing evaluation services shall be properly qualified
39professionals and may be full-time employees, part-time
40 employees, or independent contractors of a county, designated
P7    1facility, or other agency providing face-to-face evaluation services.
2Face-to-face evaluation services includes face-to-face evaluation
3by means of telehealth.

4(p) (1) For purposes of Article 1 (commencing with Section
55150), Article 2 (commencing with Section 5200), and Article 4
6(commencing with Section 5250) of Chapter 2, and for the purposes
7of Chapter 3 (commencing with Section 5350), “gravely disabled”
8means either of the following:

9(A) A condition in which a person, as a result of a mental health
10disorder, is unable to provide for his or her basic personal needs
11for food, clothing, or shelter.

12(B) A condition in which a person, has been found mentally
13incompetent under Section 1370 of the Penal Code and all of the
14following facts exist:

15(i) The indictment or information pending against the person at
16the time of commitment charges a felony involving death, great
17bodily harm, or a serious threat to the physical well-being of
18another person.

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

20(iii) As a result of a mental health disorder, the person is unable
21to understand the nature and purpose of the proceedings taken
22against him or her and to assist counsel in the conduct of his or
23her defense in a rational manner.

24(2) For purposes of Article 3 (commencing with Section 5225)
25and Article 4 (commencing with Section 5250), of Chapter 2, and
26for the purposes of Chapter 3 (commencing with Section 5350),
27“gravely disabled” means a condition in which a person, as a result
28of impairment by chronic alcoholism, is unable to provide for his
29or her basic personal needs for food, clothing, or shelter.

30(3) The term “gravely disabled” does not include persons with
31intellectual disabilities by reason of that disability alone.

32(q) “Intensive treatment” consists of hospital and other services
33as may be indicated. Intensive treatment shall be provided by
34properly qualified professionals and carried out in facilities
35 qualifying for reimbursement under the California Medical
36Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing
37with Section 14000) of Part 3 of Division 9, or under Title XVIII
38of the federal Social Security Act and regulations thereunder.
39Intensive treatment may be provided in hospitals of the United
40States government by properly qualified professionals. Nothing
P8    1in this part shall be construed to prohibit an intensive treatment
2facility from also providing 72-hour evaluation and treatment.

3(r) “Local or regional liaison” means a person or persons
4authorized by a county, or by two or more counties acting jointly,
5under Section 5024.

6(s) “Mobile crisis team” means a team comprised of one or more
7professionals, and which may also include peer counselors, who
8are authorized by a county to provide probable cause
9determinations and other services under this part.

10(t) “Peace officer” means a duly sworn peace officer as that
11term is defined in Chapter 4.5 (commencing with Section 830) of
12Title 3 of Part 2 of the Penal Code who has completed the basic
13training course established by the Commission on Peace Officer
14Standards and Training, or any parole officer or probation officer
15specified in Section 830.5 of the Penal Code when acting in relation
16to cases for which he or she has a legally mandated responsibility.

17(u) “Postcertification treatment” means an additional period of
18treatment pursuant to Article 6 (commencing with Section 5300)
19of Chapter 2.

20(v) “Prepetition screening” is a screening of all petitions for
21court-ordered evaluation as provided in Article 2 (commencing
22with Section 5200) of Chapter 2, consisting of a professional
23review of the petition; an interview with the petitioner and,
24whenever possible, the person alleged, as a result of a mental health
25disorder, to be a danger to others, or to himself or herself, or to be
26gravely disabled, to assess the problem and explain the petition;
27and when indicated, efforts to persuade the person to receive, on
28a voluntary basis, comprehensive evaluation, crisis intervention,
29referral, and other services specified in this part.

30(w) “Probable cause determination” means a determination
31whether there is probable cause for the detention of a person for
32evaluation and treatment. A probable cause determination shall be
33based solely on the criteria for detaining a person for evaluation
34and treatment pursuant to Section 5150. The probable cause
35determination shall not consider the availability of beds or services
36at designated facilities within or outside of the county.

37(x) “Professional person in charge of a facility” means the
38licensed person authorized by a designated facility who is
39responsible for the clinical direction of the designated facility.

P9    1(y) “Professional staff” means the medical staff or other
2organized professional staff of an inpatient facility.

3(z) “Referral” means referral of persons by each facility,
4provider, or other organization providing assessment, evaluation,
5crisis intervention, or treatment services to other facilities,
6providers, or agencies in accordance with Section 5013 and Part
71.5 (commencing with Section 5585).

8(aa) “Telehealth” means the telehealth services, as defined in
9paragraph (6) of subdivision (a) of Section 2290.5 of the Business
10and Professions Code, for the purpose of providing services under
11this part, including a probable cause determination, the release of
12a person from detention for evaluation and treatment under Section
135150.15, assessment or evaluation, and treatment. For purposes
14of this part, telehealth services may be used by any licensed
15professional, including a psychologist, clinical social worker, and
16other mental health professional, acting within the scope of his or
17her profession for providing evaluation, treatment, consultation,
18or other mental health services under this part.

19

SEC. 4.  

Section 5013 of the Welfare and Institutions Code is
20amended to read:

21

5013.  

(a) The purpose of a referral shall be to provide for
22continuity of care and services. A referral may include, but need
23not be limited to, informing the person of available services,
24making appointments on the person’s behalf, communication with
25the agency or individual to which the person has been referred,
26appraising the outcome of referrals, and arranging for escort,
27transportation, or both, when necessary. All persons shall be
28advised of available precare services that prevent initial recourse
29to hospital treatment or aftercare services that support adjustment
30to community living following hospital treatment. These services
31may be provided through county or city mental health departments,
32state hospitals under the jurisdiction of the State Department of
33State Hospitals, regional centers under contract with the State
34Department of Developmental Services, or other public or private
35entities.

36(b) It is the intent of the Legislature that referrals between
37facilities, providers, and other organizations shall be facilitated by
38the sharing of information and records in accordance with Section
395328 and applicable federal and state laws.

P10   1(c) Each city or county behavioral health department is
2encouraged to include on its Internet Web site a current list of
3ambulatory behavioral health services and other resources for
4persons with behavioral health disorders and substance use
5disorders in the city or county that may be accessed by providers
6and consumers of behavioral health services. The list of services
7on the Internet Web site should be updated at least annually by the
8city or county behavioral health department.

9

SEC. 5.  

Section 5022 is added to the Welfare and Institutions
10Code
, to read:

11

5022.  

The department shall promote the consistent statewide
12application of this part in order to ensure protection of the personal
13rights of all persons who are subject to this part and Part 1.5
14(commencing with Section 5585). The department shall provide
15oversight of the statewide application of this part and facilitate
16discussion among the organizations listed in subdivision (a) of
17Section 5400, law enforcement agencies, hospitals, mental health
18professionals, county patients’ rights advocates, the California
19Office of Patients’ Rights, and other stakeholders as may be
20necessary or desirable to achieve the legislative intent of consistent
21statewide application. These discussions shall include situations
22where persons are certified for additional intensive treatment in a
23county authorizing that treatment under Article 4.7 (commencing
24with Section 5270.10) of Chapter 2 who are then transferred to a
25facility during the course of additional intensive treatment in a
26county that has not authorized additional intensive treatment.

27

SEC. 6.  

Section 5023 is added to the Welfare and Institutions
28Code
, to read:

29

5023.  

(a) Each county may designate inpatient and ambulatory
30facilities within the county, with the approval of the department,
31that meet the applicable requirements established by the department
32by regulation. An outpatient or emergency department of a
33nondesignated inpatient facility may be designated as an
34ambulatory facility if it meets all the requirements for certification
35as an ambulatory facility.

36(b) (1) Each county may designate ambulatory facilities within
37the county that meet the behavioral health needs of persons within
38the requirements of applicable law and the scope of their
39designation. The department shall encourage counties to use
P11   1 appropriate ambulatory facilities for the evaluation and treatment
2of persons pursuant to this part.

3(2) Counties, mental health professionals, providers, and other
4organizations, with the support of the department, are encouraged
5to establish crisis stabilization services and other ambulatory
6facilities that are designated by a county to provide probable cause
7determinations and assessments, and, as applicable, evaluation and
8treatment services and crisis stabilization services, in settings that
9are appropriate to the needs of persons with severe mental illness
10and less restrictive than inpatient health facilities.

11(3) Nothing in this subdivision shall preclude the designation
12of an ambulatory facility that is an outpatient clinic of a licensed
13health facility.

14(4) An ambulatory facility shall provide services within the
15scope of its designation to all persons regardless of their place of
16residence.

17(c) Regulations adopted pursuant to this part establishing staffing
18standards for designated facilities shall be consistent with
19applicable licensing regulations for the type of facility. If there are
20no licensing regulations for the type of designated facility, or for
21certain categories of professional personnel providing services in
22a type of designated facility, the regulations adopted pursuant to
23this part for staffing standards may differentiate between the types
24of designated facilities, including ambulatory facilities.

25(d) A county shall not charge or assess a fee for the designation
26of a facility or an authorized professional.

27(e) Each designated facility shall accept, within its clinical
28capability and capacity, all categories of persons for whom it is
29designated, without regard to insurance or financial status. If a
30person presents to a designated facility with a psychiatric
31emergency medical condition, as defined in subdivision (f) of
32Section 5150.10, that is beyond its capability, the facility shall
33assist the person in obtaining emergency services and care at an
34appropriate facility.

35(f) In order to provide access by members of the public to
36information about designated facilities, each county department
37responsible for mental health services shall maintain on its Internet
38Web site the locations of all designated facilities within the county,
39including address, the types of services available at each designated
40facility, and the hours of operation for ambulatory facilities. The
P12   1Internet Web site shall be updated if there are changes to the
2information.

3(g) Each county shall report to the department, on at least an
4annual basis, a current list of designated facilities within the county,
5including the name and address of each facility and its facility
6type. The department shall maintain a list of designated facilities,
7by county and facility licensure type, on its Internet Web site, and
8update the list not less than annually. The department Internet Web
9site shall also contain links to each county Internet Web site
10required by subdivision (f).

11(h) Counties are encouraged to share information with adjacent
12and other counties with respect to its roster of authorized
13professionals. An authorized professional shall not be required to
14obtain approval from another county to be an authorized
15professional in that county in order to take action under this part.

16

SEC. 7.  

Section 5024 is added to the Welfare and Institutions
17Code
, to read:

18

5024.  

(a) Each county may authorize one or more qualified
19persons to act as a local or regional liaison to assist nondesignated
20hospitals in the county in accordance with this section and Article
211.1 (commencing with Section 5150.10) of Chapter 2. Two or
22more counties may enter into an intercounty arrangement under
23which the participating counties agree to authorize one or more
24persons to act as a local or regional liaison to assist nondesignated
25hospitals in the participating counties in accordance with this
26section and Article 1.1 (commencing with Section 5150.10) of
27Chapter 2.

28(b) The role of the local or regional liaison is to assist a person
29who is a patient in an emergency department of a nondesignated
30hospital and who has been detained, or may require detention, for
31evaluation and treatment. The assistance may include any of the
32following:

33(1) Arranging for an authorized professional to provide a prompt
34probable cause determination under Section 5150.13.

35(2) Arranging for an authorized professional to determine
36whether the detention for evaluation and treatment of a person
37shall be released under Section 5150.15.

38(3) Arranging for the placement of a person detained for
39evaluation and treatment who has been medically stabilized for
40transfer or discharge to a designated facility.

P13   1(c) A local or regional liaison may be employed by, or may
2contract with, a county or counties and may include personnel of
3one or more designated facilities within the county or counties.
4The role of the local or regional liaison may be rotated among the
5categories of persons described in this subdivision.

6(d) A local or regional liaison shall be available 24 hours a day,
7including weekends and holidays, to provide assistance under this
8section.

9(e) Each county, or counties acting jointly under this section,
10shall provide the nondesignated hospitals in the county or counties
11with the contact information for a local or regional liaison. The
12means of contact may be a designated telephone number, email,
13text-messaging or other electronic means, or any combination of
14the foregoing, so long as the local or regional liaison has immediate
15access to the means of contact. The contact information provided
16to nondesignated hospitals shall be updated as necessary.

17(f) This section shall not apply to a county that has not
18authorized a local or regional liaison.

19

SEC. 8.  

Section 5025 is added to the Welfare and Institutions
20Code
, to read:

21

5025.  

(a) A designated facility or nondesignated hospital, as
22defined in subdivision (e) of Section 5150.10, or abegin delete physician,
23employee,end delete
begin insert physicianend insert or otherbegin insert professionalend insert staff personbegin insert who has
24received training in managing persons who have been detained
25for evaluation and treatment and isend insert
acting within the scope of his
26or her official duties or employment for the designated facility or
27nondesignated hospital shall not be liable for any injury resulting
28from determining any of the following:

29(1) Whether to detain a person for a mental health disorder,
30inebriation, chronic alcoholism, or the use of narcotics or a
31restricted dangerous drug in accordance with this part.

32(2) The terms, conditions, and enforcement of detention for a
33person with a mental health disorder, inebriation, chronic
34alcoholism, or the use of narcotics or a restricted dangerous drug
35in accordance with this part.

36(3) Whether to release a person detained for a mental disorder,
37inebriation, chronic alcoholism, or the use of narcotics or a
38restricted dangerous drug in accordance with this part.

39(b) Abegin delete physician, employee,end deletebegin insert physicianend insert or otherbegin insert professionalend insert staff
40personbegin insert who has received training in managing persons who have
P14   1been detained for evaluation and treatment and isend insert
acting within
2the scope of his or her official duties or employment for a
3designated facility or nondesignated hospital shall not be liable
4for carrying out a determination described in subdivision (a) so
5long as he or she uses due care.

begin insert

6(c) Nothing in this section shall exonerate a person described
7in this section from liability if that person acted with gross
8negligence or willful or wanton misconduct.

end insert
9

SEC. 9.  

Section 5026 is added to the Welfare and Institutions
10Code
, to read:

11

5026.  

(a) A designated facility or nondesignated hospital, as
12defined in subdivision (e) of Section 5150.10, or abegin delete physician,
13employee,end delete
begin insert physicianend insert or otherbegin insert professionalend insert staff personbegin insert who has
14received training in managing persons who have been detained
15for evaluation and treatment and isend insert
acting within the scope of his
16or her official duties or employment for the designated facility or
17nondesignated hospital shall not be liable for any of the following:

18(1) An injury caused by an eloping or eloped person who has
19been detained for a mental health disorder or addiction.

20(2) An injury to, or the wrongful death of, an eloping or eloped
21person who has been detained for a mental health disorder or
22addiction.

23(b) Nothing in this section shall exoneratebegin delete a physician,
24employee, or other staff person acting within the scope of his or
25her official duties or employment for a designated facility or
26nondesignated hospital from liability if he or she acted or failed
27to act because of actual fraud, corruption, or actual malice.end delete
begin insert a person
28described in this section from liability if that person acted with
29gross negligence or willful or wanton misconduct.end insert

30

SEC. 10.  

Section 5150 of the Welfare and Institutions Code is
31amended to read:

32

5150.  

(a) When a person, as a result of a mental health
33disorder, is a danger to others, or to himself or herself, or gravely
34disabled, a peace officer or an authorized professional acting within
35the scope of his or her authorization may, upon probable cause,
36take, or cause to be taken, the person into custody for a period of
37up to 72 hours for assessment, evaluation, and crisis intervention,
38or placement for evaluation and treatment in a facility designated
39by the county for evaluation and treatment and approved by the
40department. At a minimum, assessment, as defined in subdivision
P15   1(c) of Section 5008, and evaluation, as defined in subdivision (n)
2of Section 5008, shall be conducted and provided on an ongoing
3basis. Crisis intervention, as defined in subdivision (g) of Section
45008, may be provided concurrently with assessment, evaluation,
5or any other service. The period of 72-hour detention for evaluation
6and treatment shall begin at the time that the person is initially
7detained pursuant to this section.

8(b) (1) When an individual detained pursuant to subdivision
9(a) is taken to a designated facility for evaluation and treatment,
10the professional person in charge, a member of the attending staff
11of the designated facility, or an authorized professional acting
12within the scope of his or her authorization by the county, shall
13assess the person to determine whether he or she can be properly
14served without being detained. The assessment shall be performed
15based on the clinical condition and needs of a person detained for
16evaluation and treatment. This section shall not be construed to
17prevent an authorized professional from providing consultation or
18other professional assistance by telehealth. If in the judgment of
19the authorized professional, the person can be properly served
20without being detained, he or she shall be provided evaluation,
21crisis intervention, or other inpatient or outpatient services on a
22voluntary basis.

23(2) If the person detained for evaluation and treatment is taken
24to a designated ambulatory facility that is authorized by the county
25to conduct an assessment, the assessment shall be conducted by
26the professional person in charge of the designated ambulatory
27facility or his or her designee acting within the scope of his or her
28licensed profession. The assessment in a designated ambulatory
29facility may be performed by or in consultation with an authorized
30member of the professional staff of a designated inpatient facility
31using telehealth if the designated inpatient facility has agreed to
32admit the person in accordance with subdivision (a) upon a
33determination that an involuntary admission is appropriate.

34(3) This section shall not be construed to prevent a peace officer,
35or an authorized professional employee of an emergency transport
36provider acting at the direction of the peace officer, from delivering
37individuals to a designated facility for an assessment under this
38section. Furthermore, the assessment requirement of this section
39shall not be construed to require peace officers or authorized
40professional employees of emergency transport providers acting
P16   1at the direction of the peace officer to perform any additional duties
2other than those specified in Sections 5150.1 and 5150.2.

3(4) If an individual detained under subdivision (a) is first taken
4to an emergency department of a nondesignated hospital, as defined
5in subdivision (e) of Section 5150.10, the provisions of Article 1.1
6(commencing with Section 5150.10) shall apply to the individual
7during his or her stay in the emergency department of a
8nondesignated hospital. This section does not require the peace
9officer or authorized professional who detained the individual
10pursuant to subdivision (a) to take or cause the individual to be
11taken to an emergency department of a nondesignated hospital.

12(5) Notwithstanding paragraph (2) of subdivision (j) of Section
135008, or any regulation, if a person detained for evaluation and
14treatment presents or is transferred to a designated ambulatory
15facility, and following a new determination of probable cause, the
16professional person in charge of the designated ambulatory facility
17or his or her designee determines that the person continues to meet
18the criteria for detention under Section 5150 and should be admitted
19to a designated inpatient facility for further evaluation and
20treatment, the designated ambulatory facility shall make and
21document good faith efforts to arrange placement for the person
22in a designated inpatient facility. Subject to the requirements of
23subdivision (a), if the designated ambulatory facility has been
24unable to arrange placement for the person in a designated inpatient
25facility within 24 hours, the designated ambulatory facility shall
26continue to provide evaluation and treatment for the person beyond
2724 hours in order to arrange for placement and transfer of the
28person to a designated inpatient facility, provided the designated
29ambulatory facility, prior to the expiration of the 24 hours, notifies
30the county in which it is located and the mental health patients’
31rights advocate for the county that it is continuing to detain the
32person beyond 24 hours. The designated ambulatory facility shall
33not transfer or send a person to an emergency department of a
34nondesignated hospital unless the person requires examination or
35treatment for a medical condition that is beyond the capability of
36the designated ambulatory facility.

37(c) Whenever a person is evaluated by an authorized professional
38and is found to be in need of mental health services, but is not
39admitted to the facility, all available alternative services provided
P17   1pursuant to subdivision (b) shall be offered as determined by the
2county mental health director.

3(d) If, in the judgment of the authorized professional, the person
4cannot be properly served without being detained, the admitting
5facility shall require an application in writing pursuant to Section
65150.3.

7(e) At the time a person is taken into custody for evaluation, or
8within a reasonable time thereafter, unless a responsible relative
9or the guardian or conservator of the person is in possession of the
10person’s personal property, the person taking him or her into
11custody shall take reasonable precautions to preserve and safeguard
12the personal property in the possession of or on the premises
13occupied by the person. The person taking him or her into custody
14shall then furnish to the court a report generally describing the
15person’s property so preserved and safeguarded and its disposition,
16in substantially the form set forth in Section 5211, except that if
17a responsible relative or the guardian or conservator of the person
18is in possession of the person’s property, the report shall include
19only the name of the relative or guardian or conservator and the
20location of the property, whereupon responsibility of the person
21taking him or her into custody for that property shall terminate.
22As used in this section, “responsible relative” includes the spouse,
23parent, adult child, domestic partner, grandparent, grandchild, or
24adult brother or sister of the person.

25(f) (1) Each person, at the time he or she is first taken into
26custody under this section, shall be provided, by the person who
27takes him or her into custody, the following information orally in
28a language or modality accessible to the person. If the person
29cannot understand an oral advisement, the information shall be
30provided in writing. The information shall be in substantially the
31following form:


32

 

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.

P18   43435

 

5(2) If taken into custody at his or her own residence, the person
6shall also be provided the following information:


8You may bring a few personal items with you, which I will have
9to approve. Please inform me if you need assistance turning off
10any appliance or water. You may make a phone call and leave a
11note to tell your friends or family where you have been taken.


13(g) The designated facility shall keep, for each patient evaluated,
14a record of the advisement given pursuant to subdivision (f) which
15shall include all of the following:

16(1) The name of the person detained for evaluation.

17(2) The name and position of the peace officer or mental health
18professional taking the person into custody.

19(3) The date the advisement was completed.

20(4) Whether the advisement was completed.

21(5) The language or modality used to give the advisement.

22(6) If the advisement was not completed, a statement of good
23cause, as defined by regulations of the State Department of Health
24 Care Services.

25(h) Each person admitted to a facility designated by the county
26for evaluation and treatment shall be given the following
27information by admission staff of the facility. The information
28shall be given orally and in writing and in a language or modality
29accessible to the person. The written information shall be available
30to the person in English and in the language that is the person’s
31primary means of communication. Accommodations for other
32disabilities that may affect communication shall also be provided.
33The 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):

  â—» Harm yourself.
  â—» Harm someone else.
  â—» 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)

 

30(i) For each patient admitted for evaluation and treatment, the
31facility shall keep with the patient’s medical record a record of the
32advisement given pursuant to subdivision (h), which shall include
33all of the following:

34(1) The name of the person performing the advisement.

35(2) The date of the advisement.

36(3) Whether the advisement was completed.

37(4) The language or modality used to communicate the
38advisement.

39(5) If the advisement was not completed, a statement of good
40cause.

P20   1

SEC. 11.  

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

3

5150.05.  

(a) When determining if probable cause exists to
4take a person into custody, or cause a person to be taken into
5custody, pursuant to Section 5150, a person who is authorized to
6take that person, or cause that person to be taken, into custody
7pursuant to that section shall consider available relevant
8information about the historical course of the person’s mental
9disorder if the authorized person determines that the information
10has a reasonable bearing on the determination as to whether the
11person is a danger to others, or to himself or herself, or is gravely
12disabled as a result of the mental disorder.

13(b) For purposes of this section, “information about the historical
14course of the person’s mental disorder” includes evidence presented
15by the person who has provided or is providing mental health or
16related support services to the person subject to a determination
17described in subdivision (a), evidence presented by one or more
18members of the family of that person, and evidence presented by
19the person subject to a determination described in subdivision (a)
20or anyone designated by that person.

21(c) If the probable cause in subdivision (a) is based on the
22statement of a person other than one authorized to take the person
23into custody pursuant to Section 5150, the person making the
24statement shall be liable in a civil action for intentionally giving
25a statement that he or she knows to be false.

26(d) This section shall not be applied to limit the application of
27Section 5328.

28

SEC. 12.  

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

30

5150.1.  

(a) A peace officer or authorized professional
31employee of an emergency transport provider acting at the direction
32of a peace officer, seeking to transport, or having transported, a
33person to a designated facility for assessment pursuant to
34subdivision (a) of Section 5150 or Section 5151, shall not be
35instructed by mental health personnel to take the person to, or keep
36the person at, a jail solely because of the unavailability of an acute
37bed. The peace officer or the authorized professional employee of
38an emergency transport provider acting at the direction of the peace
39officer, shall not be forbidden to transport the person directly to
40the designated facility. No mental health employee from any
P21   1county, state, city, or any private agency providing psychiatric
2emergency services shall interfere with a peace officer or an
3authorized professional employee of an emergency transport
4provider acting at the direction of a peace officer performing duties
5under Section 5150 by preventing the peace officer from detaining
6a person for evaluation and treatment or preventing the peace
7officer or an authorized professional employee of an emergency
8transport provider acting at the direction of a peace officer from
9entering a designated facility with the person for an assessment.
10An employee of a facility shall not require the peace officer or an
11authorized professional employee of an emergency transport
12provider acting at the direction of a peace officer to remove the
13person without an assessment as a condition of allowing the peace
14officer or an authorized professional employee of an emergency
15transport provider acting at the direction of a peace officer to
16depart.

17(b) An emergency transportbegin delete provider,end deletebegin insert providerend insert or any certified
18or licensed personnel of an emergency transportbegin delete provider,end deletebegin insert provider
19who have received training in managing persons who have been
20detained for evaluation and treatmentend insert
shall not be civilly or
21criminally liable for any of the following that may be applicable
22to the transport of a person who has been detained for evaluation
23and treatment:

24(1) The continuation of the detention for evaluation and
25treatmentbegin insert in accordance with this part and other applicable lawend insert
26 while transporting the person to a designated facility or an
27emergency department of a nondesignated hospital at the direction
28of a peace officer or authorized professional who detained the
29person for evaluation and treatment.

30(2) The continuation of the detention for evaluation and
31treatmentbegin insert in accordance with this part and other applicable lawend insert
32 while transporting the person detained for evaluation and treatment
33to a designated facility or an emergency department of a
34nondesignated hospital at the direction of the treating emergency
35professional in an emergency department of a nondesignated
36hospital for an assessment or other service under Section 5151.

37(c) For purposes of this section, “peace officer” means a peace
38officer as defined in Chapter 4.5 (commencing with Section 830)
39of Title 3 of Part 2 of the Penal Code and also includes a jailer
40seeking to transport or transporting a person in custody to a
P22   1designated facility for an assessment consistent with Section 4011.6
2or 4011.8 of the Penal Code and Section 5150.

begin insert

3(d) Nothing in this section shall exonerate a person described
4in this section from liability if that person acted with gross
5negligence or willful or wanton misconduct.

end insert
6

SEC. 13.  

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

8

5150.2.  

In each county, whenever a peace officer or the
9authorized professional employee of an emergency transport
10provider acting at the direction of the peace officer has transported
11a person to a designated facility for an assessment, the officer or
12professional employee of an emergency transporter shall be
13detained no longer than the time necessary to complete
14documentation of the factual basis of the detention for evaluation
15and treatment and effectuate a prompt, safe, and orderly transfer
16of physical custody of the person.

17begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 5150.2.5 is added to the end insertbegin insertWelfare and
18Institutions Code
end insert
begin insert, to read:end insert

begin insert
19

begin insert5150.25.end insert  

Nothing in this chapter supersedes or abrogates the
20provisions governing medical control set forth in Chapter 5
21(commencing with Section 1798) of Division 2.5 of the Health and
22Safety Code.

end insert
23

begin deleteSEC. 14.end delete
24begin insertSEC. 15.end insert  

Section 5150.3 is added to the Welfare and Institutions
25Code
, to read:

26

5150.3.  

(a) (1) The peace officer or an authorized professional
27who takes a person into custody or otherwise initially detains a
28person pursuant to Section 5150 shall complete and sign an
29application for detention for evaluation and treatment, in the form
30prescribed by subdivision (g), stating the circumstances under
31which the person’s condition was called to the attention of the
32peace officer or authorized professional, and stating that the peace
33officer or authorized professional has probable cause to believe
34that the person is, as a result of a mental health disorder, a danger
35to others, or to himself or herself, or gravely disabled.

36(2) The documentation shall include detailed information
37regarding the factual circumstances and observations constituting
38probable cause for the peace officer or authorized professional to
39believe that the person should be detained for evaluation and
40treatment in accordance with Section 5150. If the probable cause
P23   1is based on the statement of a person other than the peace officer
2or authorized professional, the person shall be liable in a civil
3action for intentionally giving a statement that he or she knows is
4false.

5(3) A designated facility or nondesignated hospital shall require
6presentation of the application as a condition of continuation of
7the detention for evaluation and treatment. If the application is not
8presented to the designated facility or nondesignated hospital, as
9applicable, the person shall be immediately released from detention
10for evaluation and treatment.

11(4) An application for detention for evaluation and treatment
12shall be valid in all counties to which the person may be taken to
13a designated facility.

14(b) (1) If the person detained by a peace officer or authorized
15professional is in a location other than a designated facility or
16nondesignated hospital, the original or copy of the application for
17detention for evaluation and treatment shall be presented to the
18designated facility under paragraph (2) or the nondesignated
19hospital under paragraph (3).

20(2) If after detention under Section 5150, the person is first taken
21to a designated facility, the original or a copy of the signed
22application for detention for evaluation and treatment shall be
23presented to the designated facility.

24(3) If after detention under Section 5150, the person is first taken
25to a nondesignated hospital, the original or a copy of the signed
26application for detention for evaluation and treatment shall be
27presented to the nondesignated hospital. If the person is
28subsequently transferred to a designated facility, the nondesignated
29hospital shall deliver the original or a copy of the signed application
30for detention for evaluation and treatment to the designated facility.
31If the person is discharged from the nondesignated hospital under
32Section 5150.15 or 5150.16, without a transfer to a designated
33facility, the nondesignated hospital shall maintain the original or
34a copy of the original signed application for detention for
35evaluation and treatment.

36(c) If a person detained for evaluation and treatment is
37subsequently released from detention for evaluation and treatment
38pursuant to Section 5150.15 or 5151, the application for detention
39for evaluation and treatment in the possession of a designated
40facility or nondesignated hospital shall be retained for the period
P24   1of time required by the medical records retention policy of the
2designated facility or nondesignated hospital.

3(d) The determination of a peace officer or authorized
4professional to detain a person under Section 5150 and complete
5and sign an application for detention for evaluation and treatment,
6shall be based solely on whether the person meets the criteria for
7detention for evaluation and treatment as set forth in Section 5150.
8The determination shall not be delayed, denied, or refused based
9on the availability of beds or services at designated facilities to
10which a person may be taken under this article.

11(e) If a person detained for evaluation and treatment under
12Section 5150 is transported by a professional employee of an
13emergency transport provider to a designated facility or
14nondesignated hospital at the request of a peace officer or an
15authorized professional, the peace officer or authorized professional
16shall give the application for detention for evaluation and treatment
17to the professional employee of the emergency transport provider
18if the peace officer or authorized professional does not accompany
19the person to the designated facility or nondesignated hospital.

20(f) A copy of the application for detention for evaluation and
21treatment shall be given to an emergency transport provider if the
22person detained for evaluation and treatment is transported from
23a nondesignated hospital to a designated facility or from a
24designated facility to another designated facility.

25(g) Not later than July 1, 2016, the department shall adopt and
26make available a standardized form of the application for detention
27for evaluation and treatment that shall be used by peace officers
28and authorized professionals to apply for detention of a person for
29evaluation and treatment under Section 5150 and by authorized
30professionals to release a person from detention for evaluation and
31treatment pursuant to Section 5150.15 or 5151. In developing the
32form, the department shall request comments from stakeholders
33including the organizations described in subdivision (b) of Section
345400. The form of the application for detention for evaluation and
35treatment shall, at a minimum, provide all of the following:

36(1) A description of the person’s behavior and other relevant
37facts that provide the basis for probable cause under Sections 5150
38and 5150.05 of the person’s detainment for evaluation and
39treatment.

P25   1(2) For persons detained for evaluation and treatment who are
2first taken to an emergency department of a nondesignated hospital,
3documentation of the facts and conclusions that provide the basis
4for the determination of medical clearance, excluding a psychiatric
5emergency medical condition, by the emergency professional
6treating the person in the emergency department to transfer the
7person to a designated facility.

8(3) Documentation of the facts and conclusions that provide the
9basis for the determination by an authorized professional authorized
10to perform an assessment that the person should be admitted for
11involuntary evaluation and treatment under Section 5152.

12(4) Determination of the facts and conclusions that support the
13determination by an authorized professional authorized to release
14a person from detention in accordance with Section 5150.14 or
155151.

16(5) Request by a peace officer under Section 5152.1 for
17notification of the person’s release or discharge by a designated
18facility or nondesignated hospital.

19(6) All of the information required by subdivision (f) of Section
205150.

21

begin deleteSEC. 15.end delete
22begin insertSEC. 16.end insert  

Section 5150.4 of the Welfare and Institutions Code
23 is repealed.

24

begin deleteSEC. 16.end delete
25begin insertSEC. 17.end insert  

Article 1.1 (commencing with Section 5150.10) is
26added to Chapter 2 of Part 1 of Division 5 of the Welfare and
27Institutions Code
, to read:

28 

29Article 1.1.  Persons Detained in Nondesignated Hospitals
30

 

31

5150.10.  

Unless the context otherwise requires, the following
32definitions shall govern the construction of this article:

33(a) “Emergency department of a nondesignated hospital” means
34a basic, comprehensive, or standby emergency medical service
35that is approved by the State Department of Public Health as a
36special or supplemental service of a nondesignated hospital. For
37purposes of this part, an emergency department of a nondesignated
38hospital shall include an observation or similar unit of the hospital
39that meets both of the following criteria:

P26   1(1) The unit is operated under the direction and policies of the
2emergency department.

3(2) The unit provides continuing emergency services and care
4to patients prior to an inpatient admission, transfer, or discharge.

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

6(1) A physician and surgeon who is board certified or pursuing
7board certification in emergency medicine, or a qualified licensed
8person, as defined in subdivision (g), during any scheduled period
9that he or she is on duty to provide medical screening and treatment
10of patients in an emergency department of a nondesignated hospital.

11(2) A physician and surgeon, or a qualified licensed person, as
12defined in subdivision (g), during any scheduled period that he or
13she is on duty to provide medical screening and treatment of
14patients in the emergency department of a nondesignated hospital
15that is a critical access hospital within the meaning of Section
161250.7 of the Health and Safety Code. A physician and surgeon
17on duty under this paragraph shall include a physician and surgeon
18on call for a standby emergency medical service who is responsible
19to provide professional coverage for the emergency department.
20A physician and surgeon on duty under this paragraph does not
21include a physician and surgeon who is providing on-call specialty
22coverage services to the emergency department of a nondesignated
23hospital, unless the physician and surgeon is an emergency
24professional under paragraph (1).

25(c) “Emergency services and care” has the same meaning as in
26subdivision (a) of Section 1317.1 of the Health and Safety Code.

27(d) “EMTALA” means the Emergency Medical Treatment and
28Labor Act, and regulations adopted pursuant thereto, as defined
29in Section 1395dd of Title 42 of the United States Code.

30(e) “Nondesignated hospital” means a general acute care
31hospital, as defined in subdivision (a) of Section 1250 of the Health
32and Safety Code or an acute psychiatric hospital, as defined in
33subdivision (b) of Section 1250 of the Health and Safety Code,
34that is not a designated facility.

35(f) “Psychiatric emergency medical condition” has the same
36meaning as in subdivision (k) of Section 1317.1 of the Health and
37Safety Code.

38(g) “Psychiatric professional” means a physician and surgeon
39who is board certified or pursuing board certification in psychiatry
P27   1and who is providing specialty services to the emergency
2department of a nondesignated hospital.

3(h) “Qualified licensed person” means a licensed person
4designated by the medical staff and governing body of a
5nondesignated hospital to provide emergency services and care,
6to the extent permitted by applicable law, in an emergency
7department of the nondesignated hospital under the supervision
8of a physician and surgeon.

9(i) “Stabilized” has the same meaning as in subdivision (j) of
10Section 1317.1 of the Health and Safety Code.

11

5150.11.  

(a) The Legislature finds and declares all of the
12following:

13(1) A person who has been detained for evaluation and treatment
14pursuant to Section 5150 should be taken to a designated facility
15rather than an emergency department of a nondesignated hospital.

16(2) A person who has been detained for evaluation and treatment
17pursuant to Section 5150 should be detained in an emergency
18department of a nondesignated hospital only for the time necessary
19to provide required emergency services and care and obtain medical
20clearance, unless the person requires an admission for inpatient
21services.

22(3) A person who has been detained for evaluation and treatment
23pursuant to Section 5150 has the right to receive a prompt
24assessment to determine the appropriateness of the detention and
25the need for evaluation and treatment at a designated facility.

26(b) It is also the intent of the Legislature that nothing in this
27chapter shall be construed to require a peace officer or any other
28authorized professional to take a person detained for evaluation
29and treatment to an emergency department of a nondesignated
30hospital instead of taking the person to a designated facility, unless
31the peace officer or authorized professional reasonably determines
32that the person is in need of emergency care and services that
33should be provided at an emergency department of a nondesignated
34hospital before the person is transported to a designated facility.

35

5150.12.  

(a) This section shall apply to a person who has been
36detained for evaluation and treatment by a peace officer or an
37authorized professional and is taken to an emergency department
38of a nondesignated hospital for emergency services and care.

39(b) While the person is in the emergency department of the
40nondesignated hospital, the detention of the person for evaluation
P28   1and treatment shall continue, unless the person is released from
2detention pursuant to Section 5150.15 or 5150.16.

3

5150.13.  

(a) This section shall apply if, during a person’s
4examination or treatment in an emergency department, there is a
5need for a determination of probable cause for the detention of the
6person for evaluation and treatment.

7(b) If a person who has not been detained for evaluation and
8treatment has signs or symptoms, in the judgment of the treating
9emergency professional, that indicate probable cause for detention
10for evaluation and treatment, the person shall have the right to a
11prompt probable cause determination in accordance with any of
12the following:

13(1) The hospital may contact the county to arrange for a probable
14cause determination by an authorized professional, including, but
15not limited to, a member of a mobile crisis team.

16(2) (A) If the county in which the nondesignated hospital is
17located has a local or regional liaison, the hospital may contact the
18local or regional liaison to arrange for an authorized professional
19to provide a prompt probable cause determination of the person.

20(B) The local or regional liaison shall advise the nondesignated
21hospital within 30 minutes of the time of the initial contact whether
22 an authorized professional can perform the probable cause
23determination within two hours from the time of the initial contact
24with the local or regional liaison.

25(C) The probable cause determination shall be based solely on
26the criteria for detaining a person for evaluation and treatment.
27The probable cause determination shall not consider the availability
28of beds or services at designated facilities within or outside of the
29county.

30(D) The probable cause determination may be conducted by an
31authorized professional utilizing telehealth.

32(3) The treating emergency professional may conduct a probable
33cause determination and, upon a finding of probable cause, detain
34the person for evaluation and treatment in accordance with Sections
355150 and 5150.3.

36(c) If the person is detained for evaluation and treatment
37pursuant to this section, the detention shall continue during his or
38her stay in the emergency department of a nondesignated hospital,
39unless the person is released from detention pursuant to Section
P29   15150.15 or 5150.16 or the detention ends by reason of the
2expiration of 72 hours pursuant to subdivision (a) of Section 5150.

3

5150.14.  

(a) This section shall apply to a person who is first
4detained pursuant to Section 5150 for evaluation and treatment in
5a nondesignated hospital emergency department or has been
6detained pursuant to Section 5150 for evaluation and treatment
7and first taken to an emergency department of a nondesignated
8hospital.

9(b) (1) Except as provided in subdivision (e), the nondesignated
10hospital shall notify the county in which the nondesignated hospital
11is located of the person’s detention.

12(2) If the person was detained for evaluation and treatment and
13taken to the emergency department of the nondesignated hospital
14pursuant to Section 5150.12, the notification shall occur after the
15hospital has performed an initial medical screening of the person
16in accordance with paragraphs (1) and (2) of subdivision (a) of
17Section 1317.1 of the Health and Safety Code.

18(3) If the person is first detained for evaluation and treatment
19in the emergency department of the nondesignated hospital
20pursuant to Section 5150.13, the notification shall occur when the
21probable cause determination has been completed.

22(c) The notification to the county shall be made using the
2324-hour toll-free telephone number established by the county’s
24mental health program for psychiatric emergency services and
25crisis stabilization if the county’s mental health program has a
2624-hour toll-free telephone number in operation on January 1,
272016, for this purpose. The notification shall be documented in
28the patient’s medical record.

29(d) The nondesignated hospital shall advise the county of all of
30the following:

31(1) The time when the 72-hour detention period for evaluation
32and treatment expires.

33(2) An estimate of the time when the person will be medically
34stable for transfer to a designated facility.

35(3) The county in which the person resides, if known.

36(e) The notification to the county under this section shall not
37be required if the treating emergency professional determines that
38the person will be admitted, pursuant to Section 5150.16, to an
39acute care bed of a nondesignated hospital for the primary purpose
P30   1of receiving acute inpatient services for a medical condition that
2is in addition to the person’s psychiatric condition.

3

5150.15.  

(a) This section shall establish a process for releasing
4from detention a person who has been detained for evaluation and
5treatment during the time that the person is detained in the
6emergency department of a nondesignated hospital.

7(b) If the treating emergency professional determines that there
8is no longer probable cause to continue the detention for evaluation
9and treatment, the treating emergency professional may initiate a
10followup probable cause determination to determine whether the
11person may be released from detention for evaluation and
12treatment. The followup probable cause determination shall be
13made in accordance with either of the following:

14(1) The hospital may contact the county, or a local or regional
15liaison if authorized by the county, to arrange for an authorized
16professional to perform a followup probable cause determination
17to determine whether the person may be released from detention
18for evaluation and treatment. If a county or a local or regional
19liaison cannot arrange for an authorized professional to make the
20determination within two hours of the initial call to the county or
21the local or regional liaison and there is no probable cause for
22detention, the treating emergency professional may perform a
23followup probable cause determination to determine whether the
24person may be released from detention for evaluation and
25treatment.

26(2) The treating emergency professional, without first contacting
27the county or a local or regional liaison, may perform a followup
28probable cause determination to determine whether the person
29may be released from detention for evaluation and treatment.

30(c) The determination under this section to release a person from
31detention for evaluation and treatment shall be based solely on
32whether there is probable cause to continue the detention for
33evaluation and treatment. The determination to continue the
34detention or to release the person from detention shall not be based
35on the availability of beds or services at designated facilities within
36or outside of the county, or on anything other than whether there
37is probable cause for detention.

38(d) The followup probable cause determination under this section
39may be conducted by an authorized professional utilizing
40telehealth.

P31   1(e) The followup probable cause determination under this section
2may be conducted by a psychiatric professional.

3

5150.16.  

(a) This section shall apply to a person detained for
4evaluation and treatment who is admitted to a nonpsychiatric unit
5of a general acute care hospital for acute medical services. This
6section shall apply to all general acute care hospitals, including
7general acute care hospitals that are designated facilities.

8(b) If the person detained for evaluation and treatment is
9admitted to a nonpsychiatric unit of a general acute care hospital
10for the primary purpose of receiving acute inpatient services for a
11medical condition that is in addition to the person’s psychiatric
12condition, the effect on the detention for evaluation and treatment
13while receiving acute medical services shall be as follows:

14(1) If the hospital offers to provide assessment, evaluation, and
15crisis intervention services and the person consents to the services
16on a voluntary basis in addition to acute medical services, the
17person shall be released from detention.

18(2) If the hospital offers to provide assessment, evaluation, and
19crisis intervention services and the person refuses or is unable to
20consent to the services on a voluntary basis in addition to acute
21medical services, the detention for evaluation and treatment shall
22continue in effect during the acute hospital stay, for so long as
23there continues to be probable cause for the detention.

24(3) If the hospital does not have the capability to provide
25assessment, evaluation, and crisis intervention services, the person
26shall be released from detention for evaluation and treatment.

27(c) The release of the person from detention for evaluation and
28treatment shall be communicated to the person and documented
29in the person’s medical record.

30(d) This section shall not apply to a person detained for
31evaluation and treatment who meets both of the following:

32(1) The person does not require acute inpatient services for a
33medical condition.

34(2) The person is awaiting a transfer to a designated facility and
35is placed in an acute bed of the nondesignated hospital for the
36purpose of securing the protection of the person or other persons,
37or both, in the nondesignated hospital pending the transfer of the
38person to a designated facility.

39(e) In all cases described in subdivision (b), if the discharge
40plan for the patient provides for followup evaluation and treatment
P32   1at a psychiatric facility, the patient shall be advised of the
2recommended need for the followup evaluation and treatment.

3(f) If the person is not able or willing to accept treatment on a
4voluntary basis, or to accept the referral or transfer to a psychiatric
5facility, the hospital shall obtain a new probable cause
6determination for detention for evaluation and treatment pursuant
7to Section 5150 in order to take or cause the person to be taken to
8a designated facility. Upon request by the hospital, a county shall
9arrange for an authorized professional to conduct a probable cause
10determination in a timely manner, which may be performed by the
11authorized professional utilizing telehealth.

12

5150.17.  

(a) This section, together with Sections 5150.18 and
135150.19, shall apply to the placement in a designated facility of a
14person in a nondesignated hospital emergency department who
15has been detained for evaluation and treatment.

16(b) The person may be placed in any designated facility that has
17the capability to meet the needs of the person, including a
18designated ambulatory facility.

19(c) Prior to placement in a designated ambulatory facility,
20personnel at the designated ambulatory facility shall confirm
21whether the facility can meet the needs of the person within the
22scope of its designation and capability.

23

5150.18.  

(a) This section shall apply to the placement in a
24designated facility for a person described in Section 5150.17 if the
25person has a psychiatric emergency medical condition.

26(b) If a person, in the judgment of the treating emergency
27professional, has a psychiatric emergency medical condition, the
28placement in a designated facility shall be made as follows:

29(1) The placement may be in any designated facility that has
30the capability and capacity to provide evaluation and treatment for
31the person, whether that designated facility is located within or
32outside of the county of the hospital.

33(2) The treating emergency professional shall determine the
34mode of transportation, including personnel and equipment, that
35are appropriate for the transport of the person to the designated
36facility.

37(3) In the event of a disagreement as to whether the person under
38this section has a psychiatric emergency medical condition, the
39judgment of the treating emergency professional shall prevail.

P33   1(4) The placement of a person described in this subdivision shall
2take precedence over provider networks.

3(c) If the person, in the judgment of the treating emergency
4professional, does not have a psychiatric emergency medical
5condition, the placement of the person in a designated facility for
6evaluation and treatment shall be deemed to be made for a medical
7reason within the meaning of Section 1317.2 of the Health and
8Safety Code.

9(d) This section shall also apply to a person who has been
10medically stabilized, but is being held in an inpatient unit of the
11nondesignated hospital for the purposes of ensuring the safety and
12security of the person or other persons, pending placement of the
13person in a designated facility for evaluation and treatment.

14(e) If a person detained for evaluation and treatment is in the
15emergency department of a nondesignated hospital, or in a bed not
16licensed for psychiatric care, the nondesignated hospital shall make
17good faith efforts to arrange placement for the person in a
18designated facility and, pending placement, shall provide further
19screening, treatment, and monitoring consistent with the needs of
20the patient and within the capacity of the hospital.

21

5150.19.  

(a) This section describes assistance that may be
22available to an emergency department of a nondesignated hospital
23for the placement in a designated facility of a person described in
24Section 5150.17.

25(b) If a person has been taken to or detained by a
26county-authorized professional in the emergency department of
27the nondesignated hospital, the authorized professional shall assist
28the nondesignated hospital in arranging for the placement of the
29person with an appropriate designated facility.

30(c) If a person is detained for evaluation and treatment by a
31peace officer or a treating emergency professional in the emergency
32department of the nondesignated hospital, the hospital may contact
33the local or regional liaison, if authorized for the county in which
34the nondesignated hospital is located, to assist the hospital in
35arranging for the placement of the person in a designated facility,
36as follows:

37(1) Contact with the local or regional liaison may be initiated
38when the treating emergency professional has medically stabilized
39the person for placement in a designated facility.

P34   1(2) The hospital shall inform the county or the local or regional
2liaison whether the person has a psychiatric emergency medical
3condition that requires a transport of the person in accordance with
4the EMTALA obligations for making an appropriate transfer.

5(d) A nondesignated hospital shall make efforts to obtain
6placement of the person in a designated facility without first
7contacting the county or the local or regional liaison under this
8section or in addition to requesting assistance that may be provided
9by the county or the local or regional liaison.

10

5150.20.  

(a) The determination of probable cause to detain a
11person for evaluation and treatment shall be independent of a
12determination as to whether the person has a psychiatric emergency
13medical condition for the provision of emergency services and
14care.

15(b) A determination of probable cause to detain a person for
16evaluation and treatment, whether by a peace officer or an
17authorized professional, shall not be deemed to constitute a
18psychiatric emergency medical condition unless a treating
19emergency professional or psychiatric professional has determined
20that the person has a psychiatric emergency medical condition.

21(c) A determination by a treating emergency professional or a
22psychiatric professional that a person has a psychiatric emergency
23medical condition shall not be deemed to constitute probable cause
24under Section 5150 that the person may be detained for evaluation
25and treatment.

26(d) A determination by a treating emergency professional or a
27psychiatric professional that a person detained for evaluation and
28treatment does not have a psychiatric emergency medical condition,
29or that the person’s psychiatric emergency medical condition is
30stabilized, shall not be deemed to constitute a release of the person
31from detention for evaluation and treatment.

32

5150.21.  

(a) A nondesignated hospital and the professional
33staff of the nondesignated hospital shall not be civilly or criminally
34liable for the transfer of a person detained for evaluation and
35treatment to a designated facility in accordance with this article.

36(b) The peace officer or authorized professional responsible for
37the detention of the person for evaluation and treatment who
38transfers the custody of the person to an emergency professional
39of a nondesignated hospital, shall not be civilly or criminally liable
40for any of the following:

P35   1(1) The continuation and enforcement of the detention for
2evaluation and treatment during the person’s stay in the emergency
3department of the nondesignated hospital prior to the discharge of
4the person from the hospital in accordance with this article.

5(2) The release of the person from detention for evaluation and
6treatment in accordance with this article.

7(3) The transfer of the person detained for evaluation and
8treatment to a designated facility in accordance with this article.

begin insert

9(c) Nothing in this section shall exonerate a person described
10in this section from liability if that person acted with gross
11negligence or willful or wanton misconduct.

end insert
begin delete12

SEC. 17.  

Section 5150.25 is added to the Welfare and
13Institutions Code
, to read:

14

5150.25.  

Nothing in this chapter supersedes or abrogates the
15provisions governing medical control set forth in Chapter 5
16(commencing with Section 1798) of Division 2.5 of the Health
17and Safety Code.

end delete
18

SEC. 18.  

Article 1.2 (commencing with Section 5150.30) is
19added to Chapter 2 of Part 1 of Division 5 of the Welfare and
20Institutions Code
, to read:

21 

22Article 1.2.  Voluntary Patients
23

 

24

5150.30.  

(a) A provider of ambulance services licensed by the
25Department of the California Highway Patrol or operated by a
26public safety agency, and the employees of those providers who
27are certified or licensed under Section 1797.56 of the Health and
28Safety Code, shall be authorized to transport a person who is in a
29hospital or facility on a voluntary basis to a designated facility for
30psychiatric treatment. This section shall apply to transfers from
31any type of facility, including nondesignated hospitals and other
32facilities.

33(b) A person shall not be detained for evaluation and treatment
34solely for the purpose of transporting the person, or transferring
35the person by a provider of ambulance services, to a designated
36facility or an emergency department of a nondesignated hospital.

37(c) Not later than July 1, 2016, the department shall adopt and
38make available a standardized form that will enable voluntary
39patients to consent to transfer between facilities by a provider of
40ambulance services. The form shall be provided to voluntary
P36   1patients to sign before the transfer of the patient. The form shall
2be kept in the patient’s medical record. Copies of the form shall
3be given to the patient and the provider of ambulance services.

4(d) This section shall apply to all patients who are on voluntary
5status, regardless of whether the person was previously detained
6for evaluation and treatment at any point during the course of
7treatment at a nondesignated hospital or designated facility prior
8to the transfer.

9(e) No person shall require a person to be subject to detention
10for evaluation and treatment for the purpose of authorizing or
11providing evaluation, treatment, or admission to a facility, or as a
12condition for providing or paying for medical services, care, or
13treatment, including emergency services and care, unless there is
14probable cause under Section 5150 to detain the person for
15evaluation and treatment and the person cannot be properly served
16on a voluntary basis. Nothing in this part shall be construed as
17preventing a person subject to detention for evaluation and
18treatment from receiving evaluation or treatment on a voluntary
19basis unless there has been an adjudication under this part that the
20person lacks the capacity to do so.

21

SEC. 19.  

The heading of Article 1.3 (commencing with Section
225151) is added to Chapter 2 of Part 1 of Division 5 of the Welfare
23and Institutions Code
, to read:

24 

25Article 1.3.  Admission to a Designated Facility
26

 

27

SEC. 20.  

Section 5151 of the Welfare and Institutions Code is
28amended to read:

29

5151.  

(a) If a designated facility for evaluation and treatment
30admits the person, it may detain him or her for evaluation and
31treatment for a period not to exceed 72 hours from the time that
32the person was initially detained pursuant to subdivision (a) of
33Section 5150.

34(b) Prior to admitting a person to the facility for evaluation and
35treatment, the professional person in charge of the facility or his
36or her designee shall conduct an assessment of the individual in
37person to determine the appropriateness of the involuntary
38detention.

39

SEC. 21.  

Section 5151.1 is added to the Welfare and
40Institutions Code
, to read:

P37   1

5151.1.  

If the assessment results in a determination that the
2person is in need of mental health services, but he or she is not
3admitted to the facility, the designated facility shall provide the
4person with appropriate referrals and a list of alternative services
5and other resources that are appropriate to the needs of the person.
6The alternative services and other resources shall include both of
7the following, as applicable:

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

9(b) The services for persons with severe mental illness and
10substance use disorders posted by a county on its Internet Web
11site pursuant to Section 5013.

12

SEC. 22.  

Section 5151.2 is added to the Welfare and
13Institutions Code
, to read:

14

5151.2.  

(a) Each county shall establish disposition procedures
15and guidelines with local law enforcement agencies for the safe
16and orderly transfer of persons detained for evaluation and
17treatment by a peace officer, who has requested notification under
18Section 5152.1 of the person’s release from detention for evaluation
19and treatment in accordance with Section 5150.15, 5150.16, or
205151. The disposition procedures and guidelines shall include
21persons who are not admitted for evaluation and treatment and
22who decline alternative mental health services and persons who
23have a criminal detention pending.

24(b) The disposition procedures and guidelines should include
25interagency communication between law enforcement agencies
26located within the county, as well as law enforcement agencies
27located in other counties, that take or arrange to take persons
28detained for evaluation and treatment under Section 5150 to health
29facilities within the county. The disposition procedures and
30guidelines, including updates, shall be disseminated to designated
31facilities and nondesignated hospitals.

32

SEC. 23.  

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

34

5152.1.  

(a) A designated facility or nondesignated hospital
35shall notify the county mental health director, or the director’s
36designee, and the law enforcement agency that employs the peace
37officer who makes the application for detention for 72-hour
38evaluation and treatment pursuant to Section 5150, if the person
39admitted pursuant to Section 5152 will be discharged after a
4072-hour inpatient admission, when the person is not admitted by
P38   1the designated facility, when the person discharged before the
2expiration of the 72-hour inpatient admission, when the person
3discharged from detention for evaluation and treatment is released
4under Section 5150.15, 5150.16, or 5151, or if the person elopes
5from a designated facility or nondesignated hospital, if both of the
6following conditions apply:

7(1) The peace officer who made the application for detention
8for evaluation and treatment requests notification of the person’s
9release or discharge at the time he or she makes the application
10for detention for evaluation and treatment and the peace officer
11certified at that time in writing that the person has been detained
12for evaluation and treatment under circumstances which, based
13upon an allegation of facts regarding actions witnessed by the
14officer or another person, would support the filing of a criminal
15complaint. The application for detention for evaluation and
16treatment shall include one or more methods of contacting a person
17at the law enforcement agency who may receive the notification.

18(2) The notice is limited to the person’s name, address, date of
19admission or initial service, and date of release.

20(b) If a police officer, law enforcement agency, or designee of
21the law enforcement agency, possesses any record of information
22obtained pursuant to the notification requirements of this section,
23the officer, agency, or designee shall destroy that record two years
24after receipt of notification.

25(c) The notice required by this section shall be made prior to
26the release or discharge of the person, if possible. The designated
27facility or nondesignated hospital shall consider the distance from
28the law enforcement agency to the location of the designated
29facility or nondesignated hospital in giving the notice. The peace
30officer or other representative of the law enforcement agency
31receiving the notice shall promptly advise the designated facility
32or nondesignated hospital whether the peace officer or other law
33enforcement agency representative shall take custody of the person
34upon his or her release or discharge from the designated facility
35or nondesignated hospital and, if so, the time at which the peace
36officer or other law enforcement agency representative will be
37present at the designated facility or nondesignated hospital.

38(d) Nothing in this section shall be construed to require the
39designated facility or nondesignated hospital to delay the discharge
P39   1of a person for purposes of awaiting the arrival of the peace officer
2or another representative of the law enforcement agency.

3

SEC. 24.  

Section 5152.2 of the Welfare and Institutions Code
4 is repealed.

5

SEC. 25.  

Section 5152.2 is added to the Welfare and
6Institutions Code
, to read:

7

5152.2.  

In addition to the request for notification set forth in
8the application for detention for evaluation and treatment, each
9law enforcement agency shall arrange with the county mental
10health director for a method for designated facilities and
11nondesignated hospitals to give prompt notification to peace
12officers under Section 5152.1. The methods for notification for
13each county shall be disseminated by the county to the designated
14facilities and nondesignated hospitals located within the county.

15

SEC. 26.  

Section 5153 of the Welfare and Institutions Code is
16amended to read:

17

5153.  

Whenever possible, officers charged with apprehension
18of persons pursuant to this chapter shall dress in plain clothes and
19travel in unmarked vehicles.

20

SEC. 27.  

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

22

5270.50.  

(a) Notwithstanding Section 5113, if the provisions
23of Section 5270.35 have been met, the professional person in
24charge of the facility providing intensive treatment, his or her
25designee, the medical director of the facility or his or her designee
26described in Section 5270.53, the psychiatrist directly responsible
27for the person’s treatment, or the psychologist shall not be held
28civilly or criminally liable for any action by a person released
29before the end of 30 days pursuant to this article.

30(b) The professional person in charge of the facility providing
31intensive treatment or his or her designee, the medical director of
32the facility or his or her designee described in Section 5270.35,
33the psychiatrist directly responsible for the person’s treatment, or
34the psychologist shall not be held civilly or criminally liable for
35any action by a person released at the end of the 30 days pursuant
36to this article.

37(c) The attorney or advocate representing the person, the
38court-appointed commissioner or referee, the certification review
39hearing officer conducting the certification review hearing, and
40the peace officer responsible for detaining the person shall not be
P40   1civilly or criminally liable for any action by a person released at
2or before the end of 30 days pursuant to this article.



O

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