Amended in Assembly May 20, 2015

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,begin delete 5022,end delete 5023, 5024, 5025, 5026, 5150.2.5, 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.

P3    1(f) To encourage the full use of all existing agencies,
2professional personnel, and public funds to accomplish these
3objectives and to prevent duplication of services and unnecessary
4expenditures.

5(g) To protect persons with mental health disorders and
6developmental disabilities from criminal acts.

7(h) To provide consistent standards for protection of the personal
8rights of persons receiving services under this part and under Part
91.5 (commencing with Section 5585).

10(i) To provide services in the least restrictive setting appropriate
11to the needs of each person receiving services under this part and
12under Part 1.5 (commencing with Section 5585).

13(j) To ensure that persons receive services from facilities and
14providers that are qualified and best suited to provide the services,
15and that persons are not detained in settings that are not therapeutic
16or not designed to meet their needs.

17(k) To affirm that no person may be presumed to be incompetent
18because he or she has been evaluated or treated for a mental health
19disorder or chronic alcoholism, regardless of whether that
20evaluation or treatment was voluntarily or involuntarily received.

21

SEC. 2.  

Section 5001.5 is added to the Welfare and Institutions
22Code
, to read:

23

5001.5.  

It is the intent of the Legislature that each county shall
24have the responsibility to ensure that all persons with mental health
25disorders who are subject to detention under this part or under Part
261.5 (commencing with Section 5585) receive prompt evaluation
27and treatment in accordance with this part and Part 1.5
28(commencing with Section 5585), including prompt assessment
29of the need for evaluation and treatment. It is the intent of the
30Legislature that each county establish and maintain a mental health
31service system that has sufficient capacity to ensure the provision
32of services under this part and Part 1.5 (commencing with Section
335585), including, at a minimum, the services required under
34paragraph (2) of subdivision (a) of Section 5651.

35

SEC. 3.  

Section 5008 of the Welfare and Institutions Code is
36amended to read:

37

5008.  

Unless the context otherwise requires, the following
38definitions shall govern the construction of this part:

P4    1(a) “Antipsychotic medication” means medication customarily
2prescribed for the treatment of symptoms of psychoses and other
3severe mental and emotional disorders.

4(b) “Application for detention for evaluation and treatment”
5means the written application set forth in Section 5150.3.

6(c) (1) “Assessment” means the determination, as described in
7subdivision (b) of Section 5150 and Section 5151, of the following:

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

10(B) Whether the person is in need of evaluation and treatment
11and, if so, what services are needed for the person.

12(C) Whether the person can be properly served without being
13detained, in which case the services shall be provided on a
14voluntary basis.

15(2) “Assessment” includes, but is not limited to, mental status
16determination, analysis of clinical and social history, analysis of
17relevant cultural issues and history, diagnosis, and the use of testing
18procedures.

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

20(1) A mental health professional or category of mental health
21professionals, excluding peace officers, who are authorized in
22writing by a county to provide services described in this
23subdivision. An authorized professional shall have appropriate
24training in mental health disorders and determination of probable
25cause, and shall have relevant experience in providing services to
26persons with mental health disorders.

27(2) An authorized professional as described in paragraph (1)
28who is a member of the staff of a designated facility and who is
29authorized by the facility to provide services described in this
30subdivision.

31(3) A member of a mobile crisis team who is authorized in
32writing by a county to provide services described in this
33subdivision.

34(e) “Conservatorship investigation” means an investigation, by
35an agency appointed or designated by the governing body, of cases
36in which conservatorship is recommended pursuant to Chapter 3
37 (commencing with Section 5350).

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

39(g) “Court-ordered evaluation” means an evaluation ordered by
40a superior court pursuant to Article 2 (commencing with Section
P5    15200) or by a superior court pursuant to Article 3 (commencing
2with Section 5225) of Chapter 2.

3(h) “Crisis intervention” consists of an interview or series of
4interviews within a brief period of time, conducted by qualified
5professionals, and designed to alleviate personal or family
6situations which present a serious and imminent threat to the health
7or stability of the person or the family. The interview or interviews
8may be conducted in the home of the person or family, or on an
9inpatient or outpatient basis with such therapy, or other services,
10as may be appropriate. The interview or interviews may include
11family members, significant support persons, providers, or other
12entities or individuals, as appropriate and as authorized by law.
13Crisis intervention may, as appropriate, include suicide prevention,
14psychiatric, welfare, psychological, legal, or other social services.

15(i) “Crisis stabilization service or unit” means an ambulatory
16service that provides probable cause determinations and
17assessments, collateral services, and therapy within the scope of
18its designation under this part.

19(j) “Department” means the State Department of Health Care
20Services.

21(k) (1) “Designated facility” means a facility or a specific unit
22or part of a facility that is licensed or certified as a mental health
23evaluation facility, a mental health treatment facility, or a mental
24health evaluation and treatment facility. A designated facility may
25be an inpatient facility or an ambulatory facility.

26(2) “Inpatient facility” means a health facility, or an inpatient
27unit of a health facility, as defined in Chapter 2 (commencing with
28Section 1250) of Division 2 of the Health and Safety Code, that
29is licensed by the State of California, has the capability to admit
30and treat persons on an inpatient basis subject to the requirements
31of this part, and is designated by a county pursuant to Section 5023.
32Inpatient facility also includes a hospital or the inpatient unit of a
33hospital operated by the United States government that has the
34capability to admit and treat persons on an inpatient basis, subject
35to the requirements of this part, and that is designated by the county
36pursuant to Section 5023. A designated inpatient facility includes
37any of the following:

38(A) A general acute care hospital, as defined in subdivision (a)
39of Section 1250 of the Health and Safety Code.

P6    1(B) An acute psychiatric hospital, as defined in subdivision (b)
2of Section 1250 of the Health and Safety Code.

3(C) A psychiatric health facility, as defined in Section 1250.2
4of the Health and Safety Code.

5(D) A correctional treatment center, as defined in Section 1250
6of the Health and Safety Code, operated by a county, city, or city
7and county law enforcement agency. The department may approve
8an unlicensed correctional treatment center that is in existence as
9of January 1, 2016, if the correctional treatment center meets all
10of the licensing requirements except those that are structurally
11impracticable.

12(3) “Ambulatory facility” means a facility designated by a
13county under Section 5023 that provides psychiatric services lasting
14less than 24 hours in accordance with applicable law and within
15the scope of the designation. An ambulatory facility may include
16an outpatient hospital department, clinic, crisis stabilization facility
17or unit, facility of a medical group, facility of a provider
18organization other than a medical group, or other facility that meets
19the requirements established by the department in accordance with
20Section 5023.

21(l) “Detained for evaluation and treatment” and “detention for
22evaluation and treatment” mean the taking into custody and
23detention of a person in accordance with Section 5150.

24(m) “Emergency” means a sudden marked change in the
25person’s condition such that action to impose treatment over the
26person’s objection is immediately necessary for the preservation
27of life or the prevention of serious bodily harm to the patient or
28others, and it is impracticable to first gain consent. It is not
29necessary for harm to take place or become unavoidable prior to
30treatment.

31(n) “Emergency transport provider” means a provider of
32ambulance services licensed by the Department of the California
33Highway Patrol or operated by a public safety agency and includes
34the authorized personnel of an emergency transport provider who
35are certified or licensed under Sections 1797.56, 1797.80, 1797.82,
36and 1797.84 of the Health and Safety Code.

37(o) “Evaluation” means a multidisciplinary professional analyses
38of a person’s medical, psychological, educational, social, financial,
39and legal conditions as may appear to constitute a problem. Persons
40providing evaluation services shall be properly qualified
P7    1professionals and may be full-time employees, part-time
2 employees, or independent contractors of a county, designated
3facility, or other agency providing face-to-face evaluation services.
4Face-to-face evaluation services includes face-to-face evaluation
5by means of telehealth.

6(p) (1) For purposes of Article 1 (commencing with Section
75150), Article 2 (commencing with Section 5200), and Article 4
8(commencing with Section 5250) of Chapter 2, and for the purposes
9of Chapter 3 (commencing with Section 5350), “gravely disabled”
10means either of the following:

11(A) A condition in which a person, as a result of a mental health
12disorder, is unable to provide for his or her basic personal needs
13for food, clothing, or shelter.

14(B) A condition in which a person, has been found mentally
15incompetent under Section 1370 of the Penal Code and all of the
16following facts exist:

17(i) The indictment or information pending against the person at
18the time of commitment charges a felony involving death, great
19bodily harm, or a serious threat to the physical well-being of
20another person.

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

22(iii) As a result of a mental health disorder, the person is unable
23to understand the nature and purpose of the proceedings taken
24against him or her and to assist counsel in the conduct of his or
25her defense in a rational manner.

26(2) For purposes of Article 3 (commencing with Section 5225)
27and Article 4 (commencing with Section 5250), of Chapter 2, and
28for the purposes of Chapter 3 (commencing with Section 5350),
29“gravely disabled” means a condition in which a person, as a result
30of impairment by chronic alcoholism, is unable to provide for his
31or her basic personal needs for food, clothing, or shelter.

32(3) The term “gravely disabled” does not include persons with
33intellectual disabilities by reason of that disability alone.

34(q) “Intensive treatment” consists of hospital and other services
35as may be indicated. Intensive treatment shall be provided by
36properly qualified professionals and carried out in facilities
37 qualifying for reimbursement under the California Medical
38Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing
39with Section 14000) of Part 3 of Division 9, or under Title XVIII
40of the federal Social Security Act and regulations thereunder.
P8    1Intensive treatment may be provided in hospitals of the United
2States government by properly qualified professionals. Nothing
3in this part shall be construed to prohibit an intensive treatment
4facility from also providing 72-hour evaluation and treatment.

5(r) “Local or regional liaison” means a person or persons
6authorized by a county, or by two or more counties acting jointly,
7under Section 5024.

8(s) “Mobile crisis team” means a team comprised of one or more
9professionals, and which may also include peer counselors, who
10are authorized by a county to provide probable cause
11determinations and other services under this part.

12(t) “Peace officer” means a duly sworn peace officer as that
13term is defined in Chapter 4.5 (commencing with Section 830) of
14Title 3 of Part 2 of the Penal Code who has completed the basic
15training course established by the Commission on Peace Officer
16Standards and Training, or any parole officer or probation officer
17specified in Section 830.5 of the Penal Code when acting in relation
18to cases for which he or she has a legally mandated responsibility.

19(u) “Postcertification treatment” means an additional period of
20treatment pursuant to Article 6 (commencing with Section 5300)
21of Chapter 2.

22(v) “Prepetition screening” is a screening of all petitions for
23court-ordered evaluation as provided in Article 2 (commencing
24with Section 5200) of Chapter 2, consisting of a professional
25review of the petition; an interview with the petitioner and,
26whenever possible, the person alleged, as a result of a mental health
27disorder, to be a danger to others, or to himself or herself, or to be
28gravely disabled, to assess the problem and explain the petition;
29and when indicated, efforts to persuade the person to receive, on
30a voluntary basis, comprehensive evaluation, crisis intervention,
31referral, and other services specified in this part.

32(w) “Probable cause determination” means a determination
33whether there is probable cause for the detention of a person for
34evaluation and treatment. A probable cause determination shall be
35based solely on the criteria for detaining a person for evaluation
36and treatment pursuant to Section 5150. The probable cause
37determination shall not consider the availability of beds or services
38at designated facilities within or outside of the county.

P9    1(x) “Professional person in charge of a facility” means the
2licensed person authorized by a designated facility who is
3responsible for the clinical direction of the designated facility.

4(y) “Professional staff” means the medical staff or other
5organized professional staff of an inpatient facility.

6(z) “Referral” means referral of persons by each facility,
7provider, or other organization providing assessment, evaluation,
8crisis intervention, or treatment services to other facilities,
9providers, or agencies in accordance with Section 5013 and Part
101.5 (commencing with Section 5585).

11(aa) “Telehealth” means the telehealth services, as defined in
12paragraph (6) of subdivision (a) of Section 2290.5 of the Business
13and Professions Code, for the purpose of providing services under
14this part, including a probable cause determination, the release of
15a person from detention for evaluation and treatment under Section
165150.15, assessment or evaluation, and treatment. For purposes
17of this part, telehealth services may be used by any licensed
18professional, including a psychologist, clinical social worker, and
19other mental health professional, acting within the scope of his or
20her profession for providing evaluation, treatment, consultation,
21or other mental health services under this part.

22

SEC. 4.  

Section 5013 of the Welfare and Institutions Code is
23amended to read:

24

5013.  

(a) The purpose of a referral shall be to provide for
25continuity of care and services. A referral may include, but need
26not be limited to, informing the person of available services,
27making appointments on the person’s behalf, communication with
28the agency or individual to which the person has been referred,
29appraising the outcome of referrals, and arranging for escort,
30transportation, or both, when necessary. All persons shall be
31advised of available precare services that prevent initial recourse
32to hospital treatment or aftercare services that support adjustment
33to community living following hospital treatment. These services
34may be provided through county or city mental health departments,
35state hospitals under the jurisdiction of the State Department of
36State Hospitals, regional centers under contract with the State
37Department of Developmental Services, or other public or private
38entities.

39(b) It is the intent of the Legislature that referrals between
40facilities, providers, and other organizations shall be facilitated by
P10   1the sharing of information and records in accordance with Section
25328 and applicable federal and state laws.

3(c) Each city or county behavioral health department is
4encouraged to include on its Internet Web site a current list of
5ambulatory behavioral health services and other resources for
6persons with behavioral health disorders and substance use
7disorders in the city or county that may be accessed by providers
8and consumers of behavioral health services. The list of services
9on the Internet Web site should be updated at least annually by the
10city or county behavioral health department.

begin delete
11

SEC. 5.  

Section 5022 is added to the Welfare and Institutions
12Code
, to read:

13

5022.  

The department shall promote the consistent statewide
14application of this part in order to ensure protection of the personal
15rights of all persons who are subject to this part and Part 1.5
16(commencing with Section 5585). The department shall provide
17oversight of the statewide application of this part and facilitate
18discussion among the organizations listed in subdivision (a) of
19Section 5400, law enforcement agencies, hospitals, mental health
20professionals, county patients’ rights advocates, the California
21Office of Patients’ Rights, and other stakeholders as may be
22necessary or desirable to achieve the legislative intent of consistent
23statewide application. These discussions shall include situations
24where persons are certified for additional intensive treatment in a
25county authorizing that treatment under Article 4.7 (commencing
26with Section 5270.10) of Chapter 2 who are then transferred to a
27facility during the course of additional intensive treatment in a
28county that has not authorized additional intensive treatment.

end delete
29

begin deleteSEC. 6.end delete
30begin insertSEC. 5.end insert  

Section 5023 is added to the Welfare and Institutions
31Code
, to read:

32

5023.  

(a) Each county may designate inpatient and ambulatory
33facilities within the county, with the approval of the department,
34that meet the applicable requirements established by the department
35by regulation. An outpatient or emergency department of a
36nondesignated inpatient facility may be designated as an
37ambulatory facility if it meets all the requirements for certification
38as an ambulatory facility.

39(b) (1) Each county may designate ambulatory facilities within
40the county that meet the behavioral health needs of persons within
P11   1the requirements of applicable law and the scope of their
2designation. The department shall encourage counties to use
3 appropriate ambulatory facilities for the evaluation and treatment
4of persons pursuant to this part.

5(2) Counties, mental health professionals, providers, and other
6organizations, with the support of the department, are encouraged
7to establish crisis stabilization services and other ambulatory
8facilities that are designated by a county to provide probable cause
9determinations and assessments, and, as applicable, evaluation and
10treatment services and crisis stabilization services, in settings that
11are appropriate to the needs of persons with severe mental illness
12and less restrictive than inpatient health facilities.

13(3) Nothing in this subdivision shall preclude the designation
14of an ambulatory facility that is an outpatient clinic of a licensed
15health facility.

16(4) An ambulatory facility shall provide services within the
17scope of its designation to all persons regardless of their place of
18residence.

19(c) Regulations adopted pursuant to this part establishing staffing
20standards for designated facilities shall be consistent with
21applicable licensing regulations for the type of facility. If there are
22no licensing regulations for the type of designated facility, or for
23certain categories of professional personnel providing services in
24a type of designated facility, the regulations adopted pursuant to
25this part for staffing standards may differentiate between the types
26of designated facilities, including ambulatory facilities.

27(d) A county shall not charge or assess a fee for the designation
28of a facility or an authorized professional.

29(e) Each designated facility shall accept, within its clinical
30capability and capacity, all categories of persons for whom it is
31designated, without regard to insurance or financial status. If a
32person presents to a designated facility with a psychiatric
33emergency medical condition, as defined in subdivision (f) of
34Section 5150.10, that is beyond its capability, the facility shall
35assist the person in obtaining emergency services and care at an
36appropriate facility.

37(f) In order to provide access by members of the public to
38information about designated facilities, each county department
39responsible for mental health services shall maintain on its Internet
40Web site the locations of all designated facilities within the county,
P12   1including address, the types of services available at each designated
2facility, and the hours of operation for ambulatory facilities. The
3Internet Web site shall be updated if there are changes to the
4information.

5(g) Each county shall report to the department, on at least an
6annual basis, a current list of designated facilities within the county,
7including the name and address of each facility and its facility
8type. The department shall maintain a list of designated facilities,
9by county and facility licensure type, on its Internet Web site, and
10update the list not less than annually. The department Internet Web
11site shall also contain links to each county Internet Web site
12required by subdivision (f).

13(h) Counties are encouraged to share information with adjacent
14and other counties with respect to its roster of authorized
15professionals. An authorized professional shall not be required to
16obtain approval from another county to be an authorized
17professional in that county in order to take action under this part.

18

begin deleteSEC. 7.end delete
19begin insertSEC. 6.end insert  

Section 5024 is added to the Welfare and Institutions
20Code
, to read:

21

5024.  

(a) Each county may authorize one or more qualified
22persons to act as a local or regional liaison to assist nondesignated
23hospitals in the county in accordance with this section and Article
241.1 (commencing with Section 5150.10) of Chapter 2. Two or
25more counties may enter into an intercounty arrangement under
26which the participating counties agree to authorize one or more
27persons to act as a local or regional liaison to assist nondesignated
28hospitals in the participating counties in accordance with this
29section and Article 1.1 (commencing with Section 5150.10) of
30Chapter 2.

31(b) The role of the local or regional liaison is to assist a person
32who is a patient in an emergency department of a nondesignated
33hospital and who has been detained, or may require detention, for
34evaluation and treatment. The assistance may include any of the
35following:

36(1) Arranging for an authorized professional to provide a prompt
37probable cause determination under Section 5150.13.

38(2) Arranging for an authorized professional to determine
39whether the detention for evaluation and treatment of a person
40shall be released under Section 5150.15.

P13   1(3) Arranging for the placement of a person detained for
2evaluation and treatment who has been medically stabilized for
3transfer or discharge to a designated facility.

4(c) A local or regional liaison may be employed by, or may
5contract with, a county or counties and may include personnel of
6one or more designated facilities within the county or counties.
7The role of the local or regional liaison may be rotated among the
8categories of persons described in this subdivision.

9(d) A local or regional liaison shall be available 24 hours a day,
10including weekends and holidays, to provide assistance under this
11section.

12(e) Each county, or counties acting jointly under this section,
13shall provide the nondesignated hospitals in the county or counties
14with the contact information for a local or regional liaison. The
15means of contact may be a designated telephone number, email,
16text-messaging or other electronic means, or any combination of
17the foregoing, so long as the local or regional liaison has immediate
18access to the means of contact. The contact information provided
19to nondesignated hospitals shall be updated as necessary.

20(f) This section shall not apply to a county that has not
21authorized a local or regional liaison.

22

begin deleteSEC. 8.end delete
23begin insertSEC. 7.end insert  

Section 5025 is added to the Welfare and Institutions
24Code
, to read:

25

5025.  

(a) A designated facility or nondesignated hospital, as
26defined in subdivision (e) of Section 5150.10, or a physician or
27other professional staff person who has received training in
28managing persons who have been detained for evaluation and
29treatment and is acting within the scope of his or her official duties
30or employment for the designated facility or nondesignated hospital
31shall not be liable for any injury resulting from determining any
32of the following:

33(1) Whether to detain a person for a mental health disorder,
34inebriation, chronic alcoholism, or the use of narcotics or a
35restricted dangerous drug in accordance with this part.

36(2) The terms, conditions, and enforcement of detention for a
37person with a mental health disorder, inebriation, chronic
38alcoholism, or the use of narcotics or a restricted dangerous drug
39in accordance with this part.

P14   1(3) Whether to release a person detained for a mental disorder,
2inebriation, chronic alcoholism, or the use of narcotics or a
3restricted dangerous drug in accordance with this part.

4(b) A physician or other professional staff person who has
5received training in managing persons who have been detained for
6evaluation and treatment and is acting within the scope of his or
7her official duties or employment for a designated facility or
8nondesignated hospital shall not be liable for carrying out a
9 determination described in subdivision (a) so long as he or she
10uses due care.

11(c) Nothing in this section shall exonerate a person described
12in this section from liability if that person acted with gross
13negligence or willful or wanton misconduct.

14

begin deleteSEC. 9.end delete
15begin insertSEC. 8.end insert  

Section 5026 is added to the Welfare and Institutions
16Code
, to read:

17

5026.  

(a) A designated facility or nondesignated hospital, as
18defined in subdivision (e) of Section 5150.10, or a physician or
19other professional staff person who has received training in
20managing persons who have been detained for evaluation and
21treatment and is acting within the scope of his or her official duties
22or employment for the designated facility or nondesignated hospital
23shall not be liable for any of the following:

24(1) An injury caused by an eloping or eloped person who has
25been detained for a mental health disorder or addiction.

26(2) An injury to, or the wrongful death of, an eloping or eloped
27person who has been detained for a mental health disorder or
28addiction.

29(b) Nothing in this section shall exonerate a person described
30in this section from liability if that person acted with gross
31negligence or willful or wanton misconduct.

32

begin deleteSEC. 10.end delete
33begin insertSEC. 9.end insert  

Section 5150 of the Welfare and Institutions Code is
34amended to read:

35

5150.  

(a) When a person, as a result of a mental health
36disorder, is a danger to others, or to himself or herself, or gravely
37disabled, a peace officer or an authorized professional acting within
38the scope of his or her authorization may, upon probable cause,
39take, or cause to be taken, the person into custody for a period of
40up to 72 hours for assessment, evaluation, and crisis intervention,
P15   1or placement for evaluation and treatment in a facility designated
2by the county for evaluation and treatment and approved by the
3department. At a minimum, assessment, as defined in subdivision
4(c) of Section 5008, and evaluation, as defined in subdivision (n)
5of Section 5008, shall be conducted and provided on an ongoing
6basis. Crisis intervention, as defined in subdivision (g) of Section
75008, may be provided concurrently with assessment, evaluation,
8or any other service. The period of 72-hour detention for evaluation
9and treatment shall begin at the time that the person is initially
10detained pursuant to this section.

11(b) (1) When an individual detained pursuant to subdivision
12(a) is taken to a designated facility for evaluation and treatment,
13the professional person in charge, a member of the attending staff
14of the designated facility, or an authorized professional acting
15within the scope of his or her authorization by the county, shall
16assess the person to determine whether he or she can be properly
17served without being detained. The assessment shall be performed
18based on the clinical condition and needs of a person detained for
19evaluation and treatment. This section shall not be construed to
20prevent an authorized professional from providing consultation or
21other professional assistance by telehealth. If in the judgment of
22the authorized professional, the person can be properly served
23without being detained, he or she shall be provided evaluation,
24crisis intervention, or other inpatient or outpatient services on a
25voluntary basis.

26(2) If the person detained for evaluation and treatment is taken
27to a designated ambulatory facility that is authorized by the county
28to conduct an assessment, the assessment shall be conducted by
29the professional person in charge of the designated ambulatory
30facility or his or her designee acting within the scope of his or her
31licensed profession. The assessment in a designated ambulatory
32facility may be performed by or in consultation with an authorized
33member of the professional staff of a designated inpatient facility
34using telehealth if the designated inpatient facility has agreed to
35admit the person in accordance with subdivision (a) upon a
36determination that an involuntary admission is appropriate.

37(3) This section shall not be construed to prevent a peace officer,
38or an authorized professional employee of an emergency transport
39provider acting at the direction of the peace officer, from delivering
40individuals to a designated facility for an assessment under this
P16   1section. Furthermore, the assessment requirement of this section
2shall not be construed to require peace officers or authorized
3professional employees of emergency transport providers acting
4at the direction of the peace officer to perform any additional duties
5other than those specified in Sections 5150.1 and 5150.2.

6(4) If an individual detained under subdivision (a) is first taken
7to an emergency department of a nondesignated hospital, as defined
8in subdivision (e) of Section 5150.10, the provisions of Article 1.1
9(commencing with Section 5150.10) shall apply to the individual
10during his or her stay in the emergency department of a
11nondesignated hospital. This section does not require the peace
12officer or authorized professional who detained the individual
13pursuant to subdivision (a) to take or cause the individual to be
14taken to an emergency department of a nondesignated hospital.

15(5) Notwithstanding paragraph (2) of subdivision (j) of Section
165008, or any regulation, if a person detained for evaluation and
17treatment presents or is transferred to a designated ambulatory
18facility, and following a new determination of probable cause, the
19professional person in charge of the designated ambulatory facility
20or his or her designee determines that the person continues to meet
21the criteria for detention under Section 5150 and should be admitted
22to a designated inpatient facility for further evaluation and
23treatment, the designated ambulatory facility shall make and
24document good faith efforts to arrange placement for the person
25in a designated inpatient facility. Subject to the requirements of
26subdivision (a), if the designated ambulatory facility has been
27unable to arrange placement for the person in a designated inpatient
28facility within 24 hours, the designated ambulatory facility shall
29continue to provide evaluation and treatment for the person beyond
3024 hours in order to arrange for placement and transfer of the
31person to a designated inpatient facility, provided the designated
32ambulatory facility, prior to the expiration of the 24 hours, notifies
33the county in which it is located and the mental health patients’
34rights advocate for the county that it is continuing to detain the
35person beyond 24 hours. The designated ambulatory facility shall
36not transfer or send a person to an emergency department of a
37nondesignated hospital unless the person requires examination or
38treatment for a medical condition that is beyond the capability of
39the designated ambulatory facility.

P17   1(c) Whenever a person is evaluated by an authorized professional
2and is found to be in need of mental health services, but is not
3admitted to the facility, all available alternative services provided
4pursuant to subdivision (b) shall be offered as determined by the
5county mental health director.

6(d) If, in the judgment of the authorized professional, the person
7cannot be properly served without being detained, the admitting
8facility shall require an application in writing pursuant to Section
95150.3.

10(e) At the time a person is taken into custody for evaluation, or
11within a reasonable time thereafter, unless a responsible relative
12or the guardian or conservator of the person is in possession of the
13person’s personal property, the person taking him or her into
14custody shall take reasonable precautions to preserve and safeguard
15the personal property in the possession of or on the premises
16occupied by the person. The person taking him or her into custody
17shall then furnish to the court a report generally describing the
18person’s property so preserved and safeguarded and its disposition,
19in substantially the form set forth in Section 5211, except that if
20a responsible relative or the guardian or conservator of the person
21is in possession of the person’s property, the report shall include
22only the name of the relative or guardian or conservator and the
23location of the property, whereupon responsibility of the person
24taking him or her into custody for that property shall terminate.
25As used in this section, “responsible relative” includes the spouse,
26parent, adult child, domestic partner, grandparent, grandchild, or
27adult brother or sister of the person.

28(f) (1) Each person, at the time he or she is first taken into
29custody under this section, shall be provided, by the person who
30takes him or her into custody, the following information orally in
31a language or modality accessible to the person. If the person
32cannot understand an oral advisement, the information shall be
33provided in writing. The information shall be in substantially the
34following form:


35

 

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   63637

 

7(2) If taken into custody at his or her own residence, the person
8shall also be provided the following information:


10You may bring a few personal items with you, which I will have
11to approve. Please inform me if you need assistance turning off
12any appliance or water. You may make a phone call and leave a
13note to tell your friends or family where you have been taken.


15(g) The designated facility shall keep, for each patient evaluated,
16a record of the advisement given pursuant to subdivision (f) which
17shall include all of the following:

18(1) The name of the person detained for evaluation.

19(2) The name and position of the peace officer or mental health
20professional taking the person into custody.

21(3) The date the advisement was completed.

22(4) Whether the advisement was completed.

23(5) The language or modality used to give the advisement.

24(6) If the advisement was not completed, a statement of good
25cause, as defined by regulations of the State Department of Health
26 Care Services.

27(h) Each person admitted to a facility designated by the county
28for evaluation and treatment shall be given the following
29information by admission staff of the facility. The information
30shall be given orally and in writing and in a language or modality
31accessible to the person. The written information shall be available
32to the person in English and in the language that is the person’s
33primary means of communication. Accommodations for other
34disabilities that may affect communication shall also be provided.
35The 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)

 

33(i) For each patient admitted for evaluation and treatment, the
34facility shall keep with the patient’s medical record a record of the
35advisement given pursuant to subdivision (h), which shall include
36all of the following:

37(1) The name of the person performing the advisement.

38(2) The date of the advisement.

39(3) Whether the advisement was completed.

P20   1(4) The language or modality used to communicate the
2advisement.

3(5) If the advisement was not completed, a statement of good
4cause.

5

begin deleteSEC. 11.end delete
6begin insertSEC. 10.end insert  

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

8

5150.05.  

(a) When determining if probable cause exists to
9take a person into custody, or cause a person to be taken into
10custody, pursuant to Section 5150, a person who is authorized to
11take that person, or cause that person to be taken, into custody
12pursuant to that section shall consider available relevant
13information about the historical course of the person’s mental
14disorder if the authorized person determines that the information
15has a reasonable bearing on the determination as to whether the
16person is a danger to others, or to himself or herself, or is gravely
17disabled as a result of the mental disorder.

18(b) For purposes of this section, “information about the historical
19course of the person’s mental disorder” includes evidence presented
20by the person who has provided or is providing mental health or
21related support services to the person subject to a determination
22described in subdivision (a), evidence presented by one or more
23members of the family of that person, and evidence presented by
24the person subject to a determination described in subdivision (a)
25or anyone designated by that person.

26(c) If the probable cause in subdivision (a) is based on the
27statement of a person other than one authorized to take the person
28into custody pursuant to Section 5150, the person making the
29statement shall be liable in a civil action for intentionally giving
30a statement that he or she knows to be false.

31(d) This section shall not be applied to limit the application of
32Section 5328.

33

begin deleteSEC. 12.end delete
34begin insertSEC. 11.end insert  

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

36

5150.1.  

(a) A peace officer or authorized professional
37employee of an emergency transport provider acting at the direction
38of a peace officer, seeking to transport, or having transported, a
39person to a designated facility for assessment pursuant to
40subdivision (a) of Section 5150 or Section 5151, shall not be
P21   1instructed by mental health personnel to take the person to, or keep
2the person at, a jail solely because of the unavailability of an acute
3bed. The peace officer or the authorized professional employee of
4an emergency transport provider acting at the direction of the peace
5officer, shall not be forbidden to transport the person directly to
6the designated facility. No mental health employee from any
7county, state, city, or any private agency providing psychiatric
8emergency services shall interfere with a peace officer or an
9authorized professional employee of an emergency transport
10provider acting at the direction of a peace officer performing duties
11under Section 5150 by preventing the peace officer from detaining
12a person for evaluation and treatment or preventing the peace
13officer or an authorized professional employee of an emergency
14transport provider acting at the direction of a peace officer from
15entering a designated facility with the person for an assessment.
16An employee of a facility shall not require the peace officer or an
17authorized professional employee of an emergency transport
18provider acting at the direction of a peace officer to remove the
19person without an assessment as a condition of allowing the peace
20officer or an authorized professional employee of an emergency
21transport provider acting at the direction of a peace officer to
22depart.

23(b) An emergency transport provider or any certified or licensed
24personnel of an emergency transport provider who have received
25training in managing persons who have been detained for
26evaluation and treatment shall not be civilly or criminally liable
27for any of the following that may be applicable to the transport of
28a person who has been detained for evaluation and treatment:

29(1) The continuation of the detention for evaluation and
30treatment in accordance with this part and other applicable law
31while transporting the person to a designated facility or an
32emergency department of a nondesignated hospital at the direction
33of a peace officer or authorized professional who detained the
34person for evaluation and treatment.

35(2) The continuation of the detention for evaluation and
36treatment in accordance with this part and other applicable law
37while transporting the person detained for evaluation and treatment
38to a designated facility or an emergency department of a
39nondesignated hospital at the direction of the treating emergency
P22   1professional in an emergency department of a nondesignated
2hospital for an assessment or other service under Section 5151.

3(c) For purposes of this section, “peace officer” means a peace
4officer as defined in Chapter 4.5 (commencing with Section 830)
5of Title 3 of Part 2 of the Penal Code and also includes a jailer
6seeking to transport or transporting a person in custody to a
7designated facility for an assessment consistent with Section 4011.6
8or 4011.8 of the Penal Code and Section 5150.

9(d) 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.

12

begin deleteSEC. 13.end delete
13begin insertSEC. 12.end insert  

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

15

5150.2.  

In each county, whenever a peace officer or the
16authorized professional employee of an emergency transport
17provider acting at the direction of the peace officer has transported
18a person to a designated facility for an assessment, the officer or
19professional employee of an emergency transporter shall be
20detained no longer than the time necessary to complete
21documentation of the factual basis of the detention for evaluation
22and treatment and effectuate a prompt, safe, and orderly transfer
23of physical custody of the person.

24

begin deleteSEC. 14.end delete
25begin insertSEC. 13.end insert  

Section 5150.2.5 is added to the Welfare and
26Institutions Code
, to read:

27

begin delete5150.25.end delete
28begin insert5150.2.5.end insert  

Nothing in this chapter supersedes or abrogates the
29provisions governing medical control set forth in Chapter 5
30(commencing with Section 1798) of Division 2.5 of the Health
31and Safety Code.

32

begin deleteSEC. 15.end delete
33begin insertSEC. 14.end insert  

Section 5150.3 is added to the Welfare and Institutions
34Code
, to read:

35

5150.3.  

(a) (1) The peace officer or an authorized professional
36who takes a person into custody or otherwise initially detains a
37person pursuant to Section 5150 shall complete and sign an
38application for detention for evaluation and treatment, in the form
39prescribed by subdivision (g), stating the circumstances under
40which the person’s condition was called to the attention of the
P23   1peace officer or authorized professional, and stating that the peace
2officer or authorized professional has probable cause to believe
3that the person is, as a result of a mental health disorder, a danger
4to others, or to himself or herself, or gravely disabled.

5(2) The documentation shall include detailed information
6regarding the factual circumstances and observations constituting
7probable cause for the peace officer or authorized professional to
8believe that the person should be detained for evaluation and
9treatment in accordance with Section 5150. If the probable cause
10is based on the statement of a person other than the peace officer
11or authorized professional, the person shall be liable in a civil
12action for intentionally giving a statement that he or she knows is
13false.

begin delete

14(3) A designated facility or nondesignated hospital shall require
15presentation of the application as a condition of continuation of
16the detention for evaluation and treatment. If the application is not
17presented to the designated facility or nondesignated hospital, as
18applicable, the person shall be immediately released from detention
19for evaluation and treatment.

20(4)

end delete

21begin insert(3)end insert An application for detention for evaluation and treatment
22shall be valid in all counties to which the person may be taken to
23a designated facility.

24(b) (1) If the person detained by a peace officer or authorized
25professional is in a location other than a designated facility or
26nondesignated hospital, the original or copy of the application for
27detention for evaluation and treatment shall be presented to the
28designated facility under paragraph (2) or the nondesignated
29hospital under paragraph (3).

30(2) If after detention under Section 5150, the person is first taken
31to a designated facility, the original or a copy of the signed
32application for detention for evaluation and treatment shall be
33presented to the designated facility.

34(3) If after detention under Section 5150, the person is first taken
35to a nondesignated hospital, the original or a copy of the signed
36application for detention for evaluation and treatment shall be
37presented to the nondesignated hospital. If the person is
38subsequently transferred to a designated facility, the nondesignated
39hospital shall deliver the original or a copy of the signed application
40for detention for evaluation and treatment to the designated facility.
P24   1If the person is discharged from the nondesignated hospital under
2Section 5150.15 or 5150.16, without a transfer to a designated
3facility, the nondesignated hospital shall maintain the original or
4a copy of the original signed application for detention for
5evaluation and treatment.

6(c) If a person detained for evaluation and treatment is
7subsequently released from detention for evaluation and treatment
8pursuant to Section 5150.15 or 5151, the application for detention
9for evaluation and treatment in the possession of a designated
10facility or nondesignated hospital shall be retained for the period
11of time required by the medical records retention policy of the
12designated facility or nondesignated hospital.

13(d) The determination of a peace officer or authorized
14professional to detain a person under Section 5150 and complete
15and sign an application for detention for evaluation and treatment,
16shall be based solely on whether the person meets the criteria for
17detention for evaluation and treatment as set forth in Section 5150.
18The determination shall not be delayed, denied, or refused based
19on the availability of beds or services at designated facilities to
20which a person may be taken under this article.

21(e) If a person detained for evaluation and treatment under
22Section 5150 is transported by a professional employee of an
23emergency transport provider to a designated facility or
24nondesignated hospital at the request of a peace officer or an
25authorized professional, the peace officer or authorized professional
26shall give the application for detention for evaluation and treatment
27to the professional employee of the emergency transport provider
28if the peace officer or authorized professional does not accompany
29the person to the designated facility or nondesignated hospital.

30(f) A copy of the application for detention for evaluation and
31treatment shall be given to an emergency transport provider if the
32person detained for evaluation and treatment is transported from
33a nondesignated hospital to a designated facility or from a
34designated facility to another designated facility.

35(g) Not later than July 1, 2016, the department shall adopt and
36make available a standardized form of the application for detention
37for evaluation and treatment that shall be used by peace officers
38and authorized professionals to apply for detention of a person for
39evaluation and treatment under Section 5150 and by authorized
40professionals to release a person from detention for evaluation and
P25   1treatment pursuant to Section 5150.15 or 5151. In developing the
2form, the department shall request comments from stakeholders
3including the organizations described in subdivision (b) of Section
45400. The form of the application for detention for evaluation and
5treatment shall, at a minimum, provide all of the following:

6(1) A description of the person’s behavior and other relevant
7facts that provide the basis for probable cause under Sections 5150
8and 5150.05 of the person’s detainment for evaluation and
9treatment.

10(2) For persons detained for evaluation and treatment who are
11first taken to an emergency department of a nondesignated hospital,
12documentation of the facts and conclusions that provide the basis
13for the determination of medical clearance, excluding a psychiatric
14emergency medical condition, by the emergency professional
15treating the person in the emergency department to transfer the
16person to a designated facility.

17(3) Documentation of the facts and conclusions that provide the
18basis for the determination by an authorized professional authorized
19to perform an assessment that the person should be admitted for
20involuntary evaluation and treatment under Section 5152.

21(4) Determination of the facts and conclusions that support the
22determination by an authorized professional authorized to release
23a person from detention in accordance with Section 5150.14 or
245151.

25(5) Request by a peace officer under Section 5152.1 for
26notification of the person’s release or discharge by a designated
27facility or nondesignated hospital.

28(6) All of the information required by subdivision (f) of Section
295150.

30

begin deleteSEC. 16.end delete
31begin insertSEC. 15.end insert  

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

33

begin deleteSEC. 17.end delete
34begin insertSEC. 16.end insert  

Article 1.1 (commencing with Section 5150.10) is
35added to Chapter 2 of Part 1 of Division 5 of the Welfare and
36Institutions Code
, to read:

 

P26   1Article 1.1.  Persons Detained in Nondesignated Hospitals
2

 

3

5150.10.  

Unless the context otherwise requires, the following
4definitions shall govern the construction of this article:

5(a) “Emergency department of a nondesignated hospital” means
6a basic, comprehensive, or standby emergency medical service
7that is approved by the State Department of Public Health as a
8special or supplemental service of a nondesignated hospital. For
9purposes of this part, an emergency department of a nondesignated
10hospital shall include an observation or similar unit of the hospital
11that meets both of the following criteria:

12(1) The unit is operated under the direction and policies of the
13emergency department.

14(2) The unit provides continuing emergency services and care
15to patients prior to an inpatient admission, transfer, or discharge.

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

17(1) A physician and surgeon who is board certified or pursuing
18board certification in emergency medicine, or a qualified licensed
19person, as defined in subdivision (g), during any scheduled period
20that he or she is on duty to provide medical screening and treatment
21of patients in an emergency department of a nondesignated hospital.

22(2) A physician and surgeon, or a qualified licensed person, as
23defined in subdivision (g), during any scheduled period that he or
24she is on duty to provide medical screening and treatment of
25patients in the emergency department of a nondesignated hospital
26that is a critical access hospital within the meaning of Section
271250.7 of the Health and Safety Code. A physician and surgeon
28on duty under this paragraph shall include a physician and surgeon
29on call for a standby emergency medical service who is responsible
30to provide professional coverage for the emergency department.
31A physician and surgeon on duty under this paragraph does not
32include a physician and surgeon who is providing on-call specialty
33coverage services to the emergency department of a nondesignated
34hospital, unless the physician and surgeon is an emergency
35professional under paragraph (1).

36(c) “Emergency services and care” has the same meaning as in
37subdivision (a) of Section 1317.1 of the Health and Safety Code.

38(d) “EMTALA” means the Emergency Medical Treatment and
39Labor Act, and regulations adopted pursuant thereto, as defined
40in Section 1395dd of Title 42 of the United States Code.

P27   1(e) “Nondesignated hospital” means a general acute care
2hospital, as defined in subdivision (a) of Section 1250 of the Health
3and Safety Code or an acute psychiatric hospital, as defined in
4subdivision (b) of Section 1250 of the Health and Safety Code,
5that is not a designated facility.

6(f) “Psychiatric emergency medical condition” has the same
7meaning as in subdivision (k) of Section 1317.1 of the Health and
8Safety Code.

9(g) “Psychiatric professional” means a physician and surgeon
10who is board certified or pursuing board certification in psychiatry
11and who is providing specialty services to the emergency
12department of a nondesignated hospital.

13(h) “Qualified licensed person” means a licensed person
14designated by the medical staff and governing body of a
15nondesignated hospital to provide emergency services and care,
16to the extent permitted by applicable law, in an emergency
17department of the nondesignated hospital under the supervision
18of a physician and surgeon.

19(i) “Stabilized” has the same meaning as in subdivision (j) of
20Section 1317.1 of the Health and Safety Code.

21

5150.11.  

(a) The Legislature finds and declares all of the
22following:

23(1) A person who has been detained for evaluation and treatment
24pursuant to Section 5150 should be taken to a designated facility
25rather than an emergency department of a nondesignated hospital.

26(2) A person who has been detained for evaluation and treatment
27pursuant to Section 5150 should be detained in an emergency
28department of a nondesignated hospital only for the time necessary
29to provide required emergency services and care and obtain medical
30clearance, unless the person requires an admission for inpatient
31services.

32(3) A person who has been detained for evaluation and treatment
33pursuant to Section 5150 has the right to receive a prompt
34assessment to determine the appropriateness of the detention and
35the need for evaluation and treatment at a designated facility.

36(b) It is also the intent of the Legislature that nothing in this
37chapter shall be construed to require a peace officer or any other
38authorized professional to take a person detained for evaluation
39and treatment to an emergency department of a nondesignated
40hospital instead of taking the person to a designated facility, unless
P28   1the peace officer or authorized professional reasonably determines
2that the person is in need of emergency care and services that
3should be provided at an emergency department of a nondesignated
4hospital before the person is transported to a designated facility.

5

5150.12.  

(a) This section shall apply to a person who has been
6detained for evaluation and treatment by a peace officer or an
7authorized professional and is taken to an emergency department
8of a nondesignated hospital for emergency services and care.

9(b) While the person is in the emergency department of the
10nondesignated hospital, the detention of the person for evaluation
11and treatment shall continue, unless the person is released from
12detention pursuant to Section 5150.15 or 5150.16.

13

5150.13.  

(a) This section shall apply if, during a person’s
14examination or treatment in an emergency department, there is a
15need for a determination of probable cause for the detention of the
16person for evaluation and treatment.

17(b) If a person who has not been detained for evaluation and
18treatment has signs or symptoms, in the judgment of the treating
19emergency professional, that indicate probable cause for detention
20for evaluation and treatment, the person shall have the right to a
21prompt probable cause determination in accordance with any of
22the following:

23(1) The hospital may contact the county to arrange for a probable
24cause determination by an authorized professional, including, but
25not limited to, a member of a mobile crisis team.

26(2) (A) If the county in which the nondesignated hospital is
27located has a local or regional liaison, the hospital may contact the
28local or regional liaison to arrange for an authorized professional
29to provide a prompt probable cause determination of the person.

30(B) The local or regional liaison shall advise the nondesignated
31hospital within 30 minutes of the time of the initial contact whether
32 an authorized professional can perform the probable cause
33determination within two hours from the time of the initial contact
34with the local or regional liaison.

35(C) The probable cause determination shall be based solely on
36the criteria for detaining a person for evaluation and treatment.
37The probable cause determination shall not consider the availability
38of beds or services at designated facilities within or outside of the
39county.

P29   1(D) The probable cause determination may be conducted by an
2authorized professional utilizing telehealth.

3(3) The treating emergency professional may conduct a probable
4cause determination and, upon a finding of probable cause, detain
5the person for evaluation and treatment in accordance with Sections
65150 and 5150.3.

7(c) If the person is detained for evaluation and treatment
8pursuant to this section, the detention shall continue during his or
9her stay in the emergency department of a nondesignated hospital,
10unless the person is released from detention pursuant to Section
115150.15 or 5150.16 or the detention ends by reason of the
12expiration of 72 hours pursuant to subdivision (a) of Section 5150.

13

5150.14.  

(a) This section shall apply to a person who is first
14detained pursuant to Section 5150 for evaluation and treatment in
15a nondesignated hospital emergency department or has been
16detained pursuant to Section 5150 for evaluation and treatment
17and first taken to an emergency department of a nondesignated
18hospital.

19(b) (1) Except as provided in subdivision (e), the nondesignated
20hospital shall notify the county in which the nondesignated hospital
21is located of the person’s detention.

22(2) If the person was detained for evaluation and treatment and
23taken to the emergency department of the nondesignated hospital
24pursuant to Section 5150.12, the notification shall occur after the
25hospital has performed an initial medical screening of the person
26in accordance with paragraphs (1) and (2) of subdivision (a) of
27Section 1317.1 of the Health and Safety Code.

28(3) If the person is first detained for evaluation and treatment
29in the emergency department of the nondesignated hospital
30pursuant to Section 5150.13, the notification shall occur when the
31probable cause determination has been completed.

32(c) The notification to the county shall be made using the
3324-hour toll-free telephone number established by the county’s
34mental health program for psychiatric emergency services and
35crisis stabilization if the county’s mental health program has a
3624-hour toll-free telephone number in operation on January 1,
372016, for this purpose. The notification shall be documented in
38the patient’s medical record.

39(d) The nondesignated hospital shall advise the county of all of
40the following:

P30   1(1) The time when the 72-hour detention period for evaluation
2and treatment expires.

3(2) An estimate of the time when the person will be medically
4stable for transfer to a designated facility.

5(3) The county in which the person resides, if known.

6(e) The notification to the county under this section shall not
7be required if the treating emergency professional determines that
8the person will be admitted, pursuant to Section 5150.16, to an
9acute care bed of a nondesignated hospital for the primary purpose
10of receiving acute inpatient services for a medical condition that
11is in addition to the person’s psychiatric condition.

12

5150.15.  

(a) This section shall establish a process for releasing
13from detention a person who has been detained for evaluation and
14treatment during the time that the person is detained in the
15emergency department of a nondesignated hospital.

16(b) If the treating emergency professional determines that there
17is no longer probable cause to continue the detention for evaluation
18and treatment, the treating emergency professional may initiate a
19followup probable cause determination to determine whether the
20person may be released from detention for evaluation and
21treatment. The followup probable cause determination shall be
22made in accordance with either of the following:

23(1) The hospital may contact the county, or a local or regional
24liaison if authorized by the county, to arrange for an authorized
25professional to perform a followup probable cause determination
26to determine whether the person may be released from detention
27for evaluation and treatment. If a county or a local or regional
28liaison cannot arrange for an authorized professional to make the
29determination within two hours of the initial call to the county or
30the local or regional liaison and there is no probable cause for
31detention, the treating emergency professional may perform a
32followup probable cause determination to determine whether the
33person may be released from detention for evaluation and
34treatment.

35(2) The treating emergency professional, without first contacting
36the county or a local or regional liaison, may perform a followup
37probable cause determination to determine whether the person
38may be released from detention for evaluation and treatment.

39(c) The determination under this section to release a person from
40detention for evaluation and treatment shall be based solely on
P31   1whether there is probable cause to continue the detention for
2evaluation and treatment. The determination to continue the
3detention or to release the person from detention shall not be based
4on the availability of beds or services at designated facilities within
5or outside of the county, or on anything other than whether there
6is probable cause for detention.

7(d) The followup probable cause determination under this section
8may be conducted by an authorized professional utilizing
9 telehealth.

10(e) The followup probable cause determination under this section
11may be conducted by a psychiatric professional.

12

5150.16.  

(a) This section shall apply to a person detained for
13evaluation and treatment who is admitted to a nonpsychiatric unit
14of a general acute care hospital for acute medical services. This
15section shall apply to all general acute care hospitals, including
16general acute care hospitals that are designated facilities.

17(b) If the person detained for evaluation and treatment is
18admitted to a nonpsychiatric unit of a general acute care hospital
19for the primary purpose of receiving acute inpatient services for a
20medical condition that is in addition to the person’s psychiatric
21condition, the effect on the detention for evaluation and treatment
22while receiving acute medical services shall be as follows:

23(1) If the hospital offers to provide assessment, evaluation, and
24crisis intervention services and the person consents to the services
25on a voluntary basis in addition to acute medical services, the
26person shall be released from detention.

27(2) If the hospital offers to provide assessment, evaluation, and
28crisis intervention services and the person refuses or is unable to
29consent to the services on a voluntary basis in addition to acute
30medical services, the detention for evaluation and treatment shall
31continue in effect during the acute hospital stay, for so long as
32there continues to be probable cause for the detention.

33(3) If the hospital does not have the capability to provide
34assessment, evaluation, and crisis intervention services, the person
35shall be released from detention for evaluation and treatment.

36(c) The release of the person from detention for evaluation and
37treatment shall be communicated to the person and documented
38in the person’s medical record.

39(d) This section shall not apply to a person detained for
40evaluation and treatment who meets both of the following:

P32   1(1) The person does not require acute inpatient services for a
2medical condition.

3(2) The person is awaiting a transfer to a designated facility and
4is placed in an acute bed of the nondesignated hospital for the
5purpose of securing the protection of the person or other persons,
6or both, in the nondesignated hospital pending the transfer of the
7person to a designated facility.

8(e) In all cases described in subdivision (b), if the discharge
9plan for the patient provides for followup evaluation and treatment
10at a psychiatric facility, the patient shall be advised of the
11recommended need for the followup evaluation and treatment.

12(f) If the person is not able or willing to accept treatment on a
13voluntary basis, or to accept the referral or transfer to a psychiatric
14facility, the hospital shall obtain a new probable cause
15determination for detention for evaluation and treatment pursuant
16to Section 5150 in order to take or cause the person to be taken to
17a designated facility. Upon request by the hospital, a county shall
18arrange for an authorized professional to conduct a probable cause
19determination in a timely manner, which may be performed by the
20authorized professional utilizing telehealth.

21

5150.17.  

(a) This section, together with Sections 5150.18 and
225150.19, shall apply to the placement in a designated facility of a
23person in a nondesignated hospital emergency department who
24has been detained for evaluation and treatment.

25(b) The person may be placed in any designated facility that has
26the capability to meet the needs of the person, including a
27designated ambulatory facility.

28(c) Prior to placement in a designated ambulatory facility,
29personnel at the designated ambulatory facility shall confirm
30whether the facility can meet the needs of the person within the
31scope of its designation and capability.

32

5150.18.  

(a) This section shall apply to the placement in a
33designated facility for a person described in Section 5150.17 if the
34person has a psychiatric emergency medical condition.

35(b) If a person, in the judgment of the treating emergency
36professional, has a psychiatric emergency medical condition, the
37placement in a designated facility shall be made as follows:

38(1) The placement may be in any designated facility that has
39the capability and capacity to provide evaluation and treatment for
P33   1the person, whether that designated facility is located within or
2outside of the county of the hospital.

3(2) The treating emergency professional shall determine the
4mode of transportation, including personnel and equipment, that
5are appropriate for the transport of the person to the designated
6facility.

7(3) In the event of a disagreement as to whether the person under
8this section has a psychiatric emergency medical condition, the
9judgment of the treating emergency professional shall prevail.

10(4) The placement of a person described in this subdivision shall
11take precedence over provider networks.

12(c) If the person, in the judgment of the treating emergency
13professional, does not have a psychiatric emergency medical
14condition, the placement of the person in a designated facility for
15evaluation and treatment shall be deemed to be made for a medical
16reason within the meaning of Section 1317.2 of the Health and
17Safety Code.

18(d) This section shall also apply to a person who has been
19medically stabilized, but is being held in an inpatient unit of the
20nondesignated hospital for the purposes of ensuring the safety and
21security of the person or other persons, pending placement of the
22person in a designated facility for evaluation and treatment.

23(e) If a person detained for evaluation and treatment is in the
24emergency department of a nondesignated hospital, or in a bed not
25licensed for psychiatric care, the nondesignated hospital shall make
26good faith efforts to arrange placement for the person in a
27designated facility and, pending placement, shall provide further
28screening, treatment, and monitoring consistent with the needs of
29the patient and within the capacity of the hospital.

30

5150.19.  

(a) This section describes assistance that may be
31available to an emergency department of a nondesignated hospital
32for the placement in a designated facility of a person described in
33Section 5150.17.

34(b) If a person has been taken to or detained by a
35county-authorized professional in the emergency department of
36the nondesignated hospital, the authorized professional shall assist
37the nondesignated hospital in arranging for the placement of the
38person with an appropriate designated facility.

39(c) If a person is detained for evaluation and treatment by a
40peace officer or a treating emergency professional in the emergency
P34   1department of the nondesignated hospital, the hospital may contact
2the local or regional liaison, if authorized for the county in which
3the nondesignated hospital is located, to assist the hospital in
4arranging for the placement of the person in a designated facility,
5as follows:

6(1) Contact with the local or regional liaison may be initiated
7when the treating emergency professional has medically stabilized
8the person for placement in a designated facility.

9(2) The hospital shall inform the county or the local or regional
10liaison whether the person has a psychiatric emergency medical
11condition that requires a transport of the person in accordance with
12the EMTALA obligations for making an appropriate transfer.

13(d) A nondesignated hospital shall make efforts to obtain
14placement of the person in a designated facility without first
15contacting the county or the local or regional liaison under this
16section or in addition to requesting assistance that may be provided
17by the county or the local or regional liaison.

18

5150.20.  

(a) The determination of probable cause to detain a
19person for evaluation and treatment shall be independent of a
20determination as to whether the person has a psychiatric emergency
21medical condition for the provision of emergency services and
22care.

23(b) A determination of probable cause to detain a person for
24evaluation and treatment, whether by a peace officer or an
25authorized professional, shall not be deemed to constitute a
26psychiatric emergency medical condition unless a treating
27emergency professional or psychiatric professional has determined
28that the person has a psychiatric emergency medical condition.

29(c) A determination by a treating emergency professional or a
30psychiatric professional that a person has a psychiatric emergency
31medical condition shall not be deemed to constitute probable cause
32under Section 5150 that the person may be detained for evaluation
33and treatment.

34(d) A determination by a treating emergency professional or a
35psychiatric professional that a person detained for evaluation and
36treatment does not have a psychiatric emergency medical condition,
37or that the person’s psychiatric emergency medical condition is
38stabilized, shall not be deemed to constitute a release of the person
39from detention for evaluation and treatment.

P35   1

5150.21.  

(a) A nondesignated hospital and the professional
2staff of the nondesignated hospital shall not be civilly or criminally
3liable for the transfer of a person detained for evaluation and
4treatment to a designated facility in accordance with this article.

5(b) The peace officer or authorized professional responsible for
6the detention of the person for evaluation and treatment who
7transfers the custody of the person to an emergency professional
8of a nondesignated hospital, shall not be civilly or criminally liable
9for any of the following:

10(1) The continuation and enforcement of the detention for
11evaluation and treatment during the person’s stay in the emergency
12department of the nondesignated hospital prior to the discharge of
13the person from the hospital in accordance with this article.

14(2) The release of the person from detention for evaluation and
15treatment in accordance with this article.

16(3) The transfer of the person detained for evaluation and
17treatment to a designated facility in accordance with this article.

18(c) Nothing in this section shall exonerate a person described
19in this section from liability if that person acted with gross
20negligence or willful or wanton misconduct.

21

begin deleteSEC. 18.end delete
22begin insertSEC. 17.end insert  

Article 1.2 (commencing with Section 5150.30) is
23added to Chapter 2 of Part 1 of Division 5 of the Welfare and
24Institutions Code
, to read:

25 

26Article 1.2.  Voluntary Patients
27

 

28

5150.30.  

(a) A provider of ambulance services licensed by the
29Department of the California Highway Patrol or operated by a
30public safety agency, and the employees of those providers who
31are certified or licensed under Section 1797.56 of the Health and
32Safety Code, shall be authorized to transport a person who is in a
33hospital or facility on a voluntary basis to a designated facility for
34psychiatric treatment. This section shall apply to transfers from
35any type of facility, including nondesignated hospitals and other
36facilities.

37(b) A person shall not be detained for evaluation and treatment
38solely for the purpose of transporting the person, or transferring
39the person by a provider of ambulance services, to a designated
40facility or an emergency department of a nondesignated hospital.

P36   1(c) Not later than July 1, 2016, the department shall adopt and
2make available a standardized form that will enable voluntary
3patients to consent to transfer between facilities by a provider of
4ambulance services. The form shall be provided to voluntary
5patients to sign before the transfer of the patient. The form shall
6be kept in the patient’s medical record. Copies of the form shall
7be given to the patient and the provider of ambulance services.

8(d) This section shall apply to all patients who are on voluntary
9status, regardless of whether the person was previously detained
10for evaluation and treatment at any point during the course of
11treatment at a nondesignated hospital or designated facility prior
12to the transfer.

13(e) No person shall require a person to be subject to detention
14for evaluation and treatment for the purpose of authorizing or
15providing evaluation, treatment, or admission to a facility, or as a
16condition for providing or paying for medical services, care, or
17treatment, including emergency services and care, unless there is
18probable cause under Section 5150 to detain the person for
19evaluation and treatment and the person cannot be properly served
20on a voluntary basis. Nothing in this part shall be construed as
21preventing a person subject to detention for evaluation and
22treatment from receiving evaluation or treatment on a voluntary
23basis unless there has been an adjudication under this part that the
24person lacks the capacity to do so.

25

begin deleteSEC. 19.end delete
26begin insertSEC. 18.end insert  

The heading of Article 1.3 (commencing with Section
275151) is added to Chapter 2 of Part 1 of Division 5 of the Welfare
28and Institutions Code
, to read:

29 

30Article 1.3.  Admission to a Designated Facility
31

 

32

begin deleteSEC. 20.end delete
33begin insertSEC. 19.end insert  

Section 5151 of the Welfare and Institutions Code is
34amended to read:

35

5151.  

(a) If a designated facility for evaluation and treatment
36admits the person, it may detain him or her for evaluation and
37treatment for a period not to exceed 72 hours from the time that
38the person was initially detained pursuant to subdivision (a) of
39Section 5150.

P37   1(b) Prior to admitting a person to the facility for evaluation and
2treatment, the professional person in charge of the facility or his
3or her designee shall conduct an assessment of the individual in
4person to determine the appropriateness of the involuntary
5detention.

6

begin deleteSEC. 21.end delete
7begin insertSEC. 20.end insert  

Section 5151.1 is added to the Welfare and Institutions
8Code
, to read:

9

5151.1.  

If the assessment results in a determination that the
10person is in need of mental health services, but he or she is not
11admitted to the facility, the designated facility shall provide the
12person with appropriate referrals and a list of alternative services
13and other resources that are appropriate to the needs of the person.
14The alternative services and other resources shall include both of
15the following, as applicable:

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

17(b) The services for persons with severe mental illness and
18substance use disorders posted by a county on its Internet Web
19site pursuant to Section 5013.

20

begin deleteSEC. 22.end delete
21begin insertSEC. 21.end insert  

Section 5151.2 is added to the Welfare and Institutions
22Code
, to read:

23

5151.2.  

(a) Each county shall establish disposition procedures
24and guidelines with local law enforcement agencies for the safe
25and orderly transfer of persons detained for evaluation and
26treatment by a peace officer, who has requested notification under
27Section 5152.1 of the person’s release from detention for evaluation
28and treatment in accordance with Section 5150.15, 5150.16, or
295151. The disposition procedures and guidelines shall include
30persons who are not admitted for evaluation and treatment and
31who decline alternative mental health services and persons who
32have a criminal detention pending.

33(b) The disposition procedures and guidelines should include
34interagency communication between law enforcement agencies
35located within the county, as well as law enforcement agencies
36located in other counties, that take or arrange to take persons
37detained for evaluation and treatment under Section 5150 to health
38facilities within the county. The disposition procedures and
39guidelines, including updates, shall be disseminated to designated
40facilities and nondesignated hospitals.

P38   1

begin deleteSEC. 23.end delete
2begin insertSEC. 22.end insert  

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

4

5152.1.  

(a) A designated facility or nondesignated hospital
5shall notify the county mental health director, or the director’s
6designee, and the law enforcement agency that employs the peace
7officer who makes the application for detention for 72-hour
8evaluation and treatment pursuant to Section 5150, if the person
9admitted pursuant to Section 5152 will be discharged after a
1072-hour inpatient admission, when the person is not admitted by
11the designated facility, when the person discharged before the
12expiration of the 72-hour inpatient admission, when the person
13discharged from detention for evaluation and treatment is released
14under Section 5150.15, 5150.16, or 5151, or if the person elopes
15from a designated facility or nondesignated hospital, if both of the
16following conditions apply:

17(1) The peace officer who made the application for detention
18for evaluation and treatment requests notification of the person’s
19release or discharge at the time he or she makes the application
20for detention for evaluation and treatment and the peace officer
21certified at that time in writing that the person has been detained
22for evaluation and treatment under circumstances which, based
23upon an allegation of facts regarding actions witnessed by the
24officer or another person, would support the filing of a criminal
25complaint. The application for detention for evaluation and
26treatment shall include one or more methods of contacting a person
27at the law enforcement agency who may receive the notification.

28(2) The notice is limited to the person’s name, address, date of
29admission or initial service, and date of release.

30(b) If a police officer, law enforcement agency, or designee of
31the law enforcement agency, possesses any record of information
32obtained pursuant to the notification requirements of this section,
33the officer, agency, or designee shall destroy that record two years
34after receipt of notification.

35(c) The notice required by this section shall be made prior to
36the release or discharge of the person, if possible. The designated
37facility or nondesignated hospital shall consider the distance from
38the law enforcement agency to the location of the designated
39facility or nondesignated hospital in giving the notice. The peace
40officer or other representative of the law enforcement agency
P39   1receiving the notice shall promptly advise the designated facility
2or nondesignated hospital whether the peace officer or other law
3enforcement agency representative shall take custody of the person
4upon his or her release or discharge from the designated facility
5or nondesignated hospital and, if so, the time at which the peace
6officer or other law enforcement agency representative will be
7present at the designated facility or nondesignated hospital.

8(d) Nothing in this section shall be construed to require the
9designated facility or nondesignated hospital to delay the discharge
10of a person for purposes of awaiting the arrival of the peace officer
11or another representative of the law enforcement agency.

12

begin deleteSEC. 24.end delete
13begin insertSEC. 23.end insert  

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

15

begin deleteSEC. 25.end delete
16begin insertSEC. 24.end insert  

Section 5152.2 is added to the Welfare and Institutions
17Code
, to read:

18

5152.2.  

In addition to the request for notification set forth in
19the application for detention for evaluation and treatment, each
20law enforcement agency shall arrange with the county mental
21health director for a method for designated facilities and
22nondesignated hospitals to give prompt notification to peace
23officers under Section 5152.1. The methods for notification for
24each county shall be disseminated by the county to the designated
25facilities and nondesignated hospitals located within the county.

26

begin deleteSEC. 26.end delete
27begin insertSEC. 25.end insert  

Section 5153 of the Welfare and Institutions Code is
28amended to read:

29

5153.  

Whenever possible, officers charged with apprehension
30of persons pursuant to this chapter shall dress in plain clothes and
31travel in unmarked vehicles.

32

begin deleteSEC. 27.end delete
33begin insertSEC. 26.end insert  

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

35

5270.50.  

(a) Notwithstanding Section 5113, if the provisions
36of Section 5270.35 have been met, the professional person in
37charge of the facility providing intensive treatment, his or her
38designee, the medical director of the facility or his or her designee
39described in Section 5270.53, the psychiatrist directly responsible
40for the person’s treatment, or the psychologist shall not be held
P40   1civilly or criminally liable for any action by a person released
2before the end of 30 days pursuant to this article.

3(b) The professional person in charge of the facility providing
4intensive treatment or his or her designee, the medical director of
5the facility or his or her designee described in Section 5270.35,
6the psychiatrist directly responsible for the person’s treatment, or
7the psychologist shall not be held civilly or criminally liable for
8any action by a person released at the end of the 30 days pursuant
9to this article.

10(c) The attorney or advocate representing the person, the
11court-appointed commissioner or referee, the certification review
12hearing officer conducting the certification review hearing, and
13the peace officer responsible for detaining the person shall not be
14civilly or criminally liable for any action by a person released at
15or before the end of 30 days pursuant to this article.



O

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