BILL NUMBER: AB 1300 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 15, 2016
AMENDED IN ASSEMBLY JANUARY 25, 2016
AMENDED IN ASSEMBLY MAY 20, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 27, 2015
An act to amend Sections 5008, 5113, 5150.1, and 5270.50 of,
and to add Sections 5014, 5025, 5113.5, and 5150.3, and to
add Article 1.1 (commencing with Section 5150.10) to
to, 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 a
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 require a nondesignated hospital, as defined, to
notify the county in which the nondesignated hospital is located of a
person's detention pursuant to that provision, and to use the
24-hour toll-free telephone number established by the county's mental
health program for psychiatric emergency services and crisis
stabilization if the county's mental health program has a 24-hour
toll-free telephone number in operation on January 1, 2017, for this
purpose. The bill would require that the notification include
specified information, including the time when the 72-hour detention
period for evaluation and treatment expires, and would require the
notification to be documented in the patient's medical record.
This bill would specify, among other things, procedures for
delivery of individuals to various facilities for mental health
evaluation and treatment; procedures for probable cause
determinations for detention and evaluation for treatment; terms and
length of detention, when appropriate, in various types of
facilities; and criteria for release from designated facilities and
nondesignated hospitals, as defined. The bill would exempt specified
providers of health services and peace officers from criminal or
civil liability for the actions of a person after his or her release
from detention, subject to specified exceptions. 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 require a designated facility to
accept, within its clinical capability and capacity, all persons for
whom it is designated, without regard to insurance or financial
status. The bill would also make changes to the methods by which the
county is notified of the release of a person detained for evaluation
and treatment, including notification through the 24-hour toll-free
telephone number established by the county's mental health program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5008 of the Welfare
and Institutions Code is amended to read:
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an agency
providing face-to-face, which includes telehealth, evaluation
services or may be part-time employees or may be employed on a
contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a superior court pursuant to Article 3 (commencing with Section
5225) of Chapter 2.
(c) "Intensive treatment" consists of such
hospital and other services as may be indicated. Intensive treatment
shall be provided by properly qualified professionals and carried out
in facilities qualifying for reimbursement under the California
Medical Assistance Program (Medi-Cal) set forth in Chapter 7
(commencing with Section 14000) of Part 3 of Division 9, or under
Title XVIII of the federal Social Security Act and regulations
thereunder. Intensive treatment may be provided in hospitals of the
United States government by properly qualified professionals. Nothing
in this part shall be construed to prohibit an intensive treatment
facility from also providing 72-hour evaluation and treatment.
(d) "Referral" is referral of persons by each agency or facility
providing assessment, evaluation, crisis intervention, or treatment
services to other agencies or individuals. The purpose of referral
shall be to provide for continuity of care, and may include, but need
not be limited to, informing the person of available services,
making appointments on the person's behalf, discussing the person's
problem with the agency or individual to which the person has been
referred, appraising the outcome of referrals, and arranging for
personal escort and transportation when necessary. Referral shall be
considered complete when the agency or individual to whom the person
has been referred accepts responsibility for providing the necessary
services. All persons shall be advised of available precare services
that prevent initial recourse to hospital treatment or aftercare
services that support adjustment to community living following
hospital treatment. These services may be provided through county or
city mental health departments, state hospitals under the
jurisdiction of the State Department of State Hospitals, regional
centers under contract with the State Department of Developmental
Services, or other public or private entities.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. The interview or interviews may include family
members, significant support persons, providers, or other entities
or individuals, as appropriate and as authorized by law. Crisis
intervention may, as appropriate, include suicide prevention,
psychiatric, welfare, psychological, legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of a mental health
disorder, to be a danger to others, or to himself or herself, or to
be gravely disabled, to assess the problem and explain the petition;
when indicated, efforts to persuade the person to receive, on a
voluntary basis, comprehensive evaluation, crisis intervention,
referral, and other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) A condition in which a person, as a result of a mental health
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the person at
the time of commitment charges a felony involving death, great bodily
harm, or a serious threat to the physical well-being of another
person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of a mental health disorder, the person is
unable to understand the nature and purpose of the proceedings taken
against him or her and to assist counsel in the conduct of his or her
defense in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include persons with
intellectual disabilities by reason of that disability alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
( l ) "Antipsychotic medication" means any medication
customarily prescribed for the treatment of symptoms of psychoses and
other severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
(n) "Designated facility" or "facility designated by the county
for evaluation and treatment" means a facility that is licensed or
certified as a mental health treatment facility or a hospital, as
defined in subdivision (a) or (b) of Section 1250 of the Health and
Safety Code, by the State Department of Public Health, and may
include, but is not limited to, a licensed psychiatric hospital, a
licensed psychiatric health facility, and a certified crisis
stabilization unit.
(o) "Authorized professional" means any of the following:
(1) A mental health professional or category of mental health
professionals, excluding peace officers, who are authorized in
writing by a county to provide services described in Article 1
(commencing with Section 5150) of Chapter 2. An authorized
professional shall have appropriate training in mental health
disorders and determination of probable cause, and shall have
relevant experience in providing services to persons with mental
health disorders.
(2) An authorized professional as described in paragraph (1) who
is a member of the staff of a designated facility and who is
authorized by the facility to provide services described in this
part.
(3) A member of a mobile crisis team who is authorized in writing
by a county to provide services described in Article 1 (commencing
with Section 5150) of Chapter 2.
(p) "Emergency transport provider" means a provider of ambulance
services licensed by the Department of the California Highway Patrol
or operated by a public safety agency and includes the authorized
personnel of an emergency transport provider who are certified or
licensed under Section 1797.56, 1797.80, 1797.82, or 1797.84 of the
Health and Safety Code.
(q) "Telehealth" means the telehealth services, as defined in
paragraph (6) of subdivision (a) of Section 2290.5 of the Business
and Professions Code, for the purpose of providing services under
this part, including a probable cause determination, the release of a
person from detention for evaluation and treatment, assessment or
evaluation, and treatment. For purposes of this part, telehealth
services may be used by any licensed professional, including a
psychologist, clinical social worker, or other mental health
professional, acting within the scope of his or her profession for
providing evaluation, treatment, consultation, or other mental health
services under this part.
SEC. 2. Section 5014 is added to the
Welfare and Institutions Code , to read:
5014. Each designated facility shall accept, within its clinical
capability and capacity, all categories of persons for whom it is
designated, without regard to insurance or financial status. If a
person presents to a designated facility with a psychiatric emergency
medical condition, as defined in subdivision (f) of Section 5150.10,
that is beyond its capability, the facility shall assist the person
in obtaining emergency services and care at an appropriate facility.
SEC. 3. Section 5025 is added to the
Welfare and Institutions Code , to read:
5025. (a) The professional person in charge of a nondesignated
hospital, as defined in subdivision (c) of Section 5150.10, his or
her designee, the medical director of the nondesignated hospital or
his or her designee, the psychiatric professional who has consulted
with a treating emergency professional in accordance with subdivision
(c) of Section 5150.15, or a treating emergency professional or
other professional staff person who has received training in managing
persons who have been detained for evaluation and treatment and the
determination of probable cause in accordance with Section 5150, and
who is acting within the scope of his or her official duties,
employment or contractual obligations, or clinical privileges for the
nondesignated hospital, shall not be civilly or criminally liable
for any action by a person detained pursuant to Article 1 (commencing
with Section 5150) of Chapter 2 of this part, and released at the
end of 72 hours, or before the end of 72 hours, if Section 5150.15 is
satisfied.
(b) The peace officer responsible for the detainment of the person
shall not be civilly or criminally liable for any action by a person
released at or before the end of the 72-hour detainment period
pursuant to Article 1 (commencing with Section 5150) of Chapter 2 of
this part.
(c) A treating emergency professional or other professional staff
person who has received training in managing persons who have been
detained for evaluation and treatment and the determination of
probable cause in accordance with Section 5150, and who is acting
within the scope of his or her official duties, employment or
contractual obligations, or clinical privileges for the nondesignated
hospital shall not be liable for carrying out a determination in
accordance with Section 5150.15.
(d) Nothing in this section shall exonerate a person described in
this section from liability if that person acted with gross
negligence or willful or wanton misconduct.
SEC. 4. Section 5113 of the Welfare and
Institutions Code is amended to read:
5113. Except as provided in Sections 5154, 5173, 5259.3, 5267,
5270.35, and 5306, the facility providing treatment
pursuant to Article 1 (commencing with Section 5150), Article 1.5
(commencing with Section 5170), Article 4 (commencing with Section
5250), Article 4.5 (commencing with Section 5260)
5260), Article 4.7 (commencing with Section 5270.10), or
Article 6 (commencing with Section 5300), the superintendent
of the facility, a nondesignated hospital, as defined
in subdivision (c) of Section 5150.10, the administrator of the
facility or nondesignated hospital, the professional person in
charge of the facility or nondesignated hospital, and his
or her designee, or the peace officer responsible for the detainment
of the person shall not be civilly or criminally liable for any
action by a person released at or before the end of the period for
which he or she was detained or admitted pursuant to the
provisions of the appropriate article.
SEC. 5. Section 5113.5 is added to the
Welfare and Institutions Code , to read:
5113.5. (a) A designated facility or nondesignated hospital, as
defined in subdivision (c) of Section 5150.10, or a physician or
other professional staff person who has received training in managing
persons who have been detained for evaluation and treatment and
determination of probable cause in accordance with Section 5150, and
who is acting within the scope of his or her official duties,
employment or contractual obligations, or clinical privileges for the
designated facility or nondesignated hospital shall not be liable
for any of the following:
(1) An injury caused by an eloping or eloped person who has been
detained for a mental health disorder or addiction.
(2) An injury to, or the wrongful death of, an eloping or eloped
person who has been detained for a mental health disorder or
addiction.
(b) Nothing in this section shall exonerate a person described in
this section from liability if that person acted with gross
negligence or willful or wanton misconduct.
SEC. 6. Section 5150.1 of the Welfare
and Institutions Code is amended to read:
5150.1. (a) No peace officer seeking to
transport, or having transported, a person to a designated facility
for assessment under Section 5150, shall be instructed by mental
health personnel to take the person to, or keep the person at, a jail
solely because of the unavailability of an acute bed, nor shall the
peace officer be forbidden to transport the person directly to the
designated facility. No mental health employee from any county,
state, city, or any private agency providing Short-Doyle psychiatric
emergency services shall interfere with a peace officer performing
duties under Section 5150 by preventing the peace officer from
entering a designated facility with the person to be assessed, nor
shall any employee of such an agency require the peace officer to
remove the person without assessment as a condition of allowing the
peace officer to depart.
(b) An emergency transport provider or any certified or licensed
personnel of an emergency transport provider who has received
training in managing persons who have been detained for evaluation
and treatment and who is acting at the direction of a peace officer
to transport a person who has been detained by the peace officer
pursuant to subdivision (a) of Section 5150 to a designated facility
for assessment under Section 5151, or to a nondesignated hospital, as
defined in subdivision (c) of Section 5150.10, for emergency
services and care, is authorized to continue the detention for the
purpose of transporting the person to the facility or the
nondesignated hospital.
"Peace
(c) "Peace officer" for the
purposes of this section also means a jailer seeking to transport or
transporting a person in custody to a designated facility for
assessment consistent with Section 4011.6 or 4011.8 of the Penal Code
and Section 5150.
SEC. 7. Section 5150.3 is added to the
Welfare and Institutions Code , to read:
5150.3. (a) An application for detention for evaluation and
treatment shall be valid in all counties in which there is a
designated facility to which the person may be taken.
(b) (1) If the person detained by a peace officer or authorized
professional is in a location other than a designated facility or
nondesignated hospital, the original or copy of the application for
detention for evaluation and treatment shall be presented to the
designated facility under paragraph (2) or the nondesignated hospital
under paragraph (3).
(2) If after detention under Section 5150, the person is first
taken to a designated facility, the original or a copy of the signed
application for detention for evaluation and treatment shall be
presented to the designated facility.
(3) If after detention under Section 5150, the person is first
taken to a nondesignated hospital, the original or a copy of the
signed application for detention for evaluation and treatment shall
be presented to the nondesignated hospital. If the person is
subsequently transferred to a designated facility, the nondesignated
hospital shall deliver the original or a copy of the signed
application for detention for evaluation and treatment to the
designated facility. If the person is discharged from the
nondesignated hospital under Section 5150.15 without a transfer to a
designated facility, the nondesignated hospital shall maintain the
original or a copy of the original signed application for detention
for evaluation and treatment.
(c) If a person detained for evaluation and treatment is
subsequently released pursuant to Section 5150.15 or 5151, the
application for detention for evaluation and treatment in the
possession of a designated facility or nondesignated hospital shall
be retained for the period of time required by the medical records
retention policy of the designated facility or nondesignated
hospital.
SECTION 1. SEC. 8. Article 1.1
(commencing with Section 5150.10) is added to Chapter 2 of Part 1 of
Division 5 of the Welfare and Institutions Code, to read:
Article 1.1. Persons Detained in Nondesignated Hospitals
5150.10. Unless the context otherwise requires, the following
definitions shall govern the construction of this article:
(a) "Emergency department of a nondesignated hospital" means a
basic, comprehensive, or standby emergency medical service that is
approved by the State Department of Public Health as a special or
supplemental service of a nondesignated hospital. For purposes of
this part, an emergency department of a nondesignated hospital shall
include an observation or similar unit of the hospital that meets
both of the following criteria:
(1) The unit is operated under the direction and policies of the
emergency department.
(2) The unit provides continuing emergency services and care to
patients prior to an inpatient admission, transfer, or discharge.
(b) "Emergency professional" means either of the following:
(1) A physician and surgeon who is board certified or pursuing
board certification in emergency medicine, or a qualified licensed
person, as defined in subdivision (e), during any scheduled period
that he or she is on duty to provide medical screening and treatment
of patients in an emergency department of a nondesignated hospital.
(2) A physician and surgeon, or a qualified licensed person, as
defined in subdivision (e), during any scheduled period that he or
she is on duty to provide medical screening and treatment of patients
in the emergency department of a nondesignated hospital that is a
critical access hospital within the meaning of Section 1250.7 of the
Health and Safety Code. A physician and surgeon on duty under this
paragraph shall include a physician and surgeon on call for a standby
emergency medical service who is responsible to provide professional
coverage for the emergency department. A physician and surgeon on
duty under this paragraph does not include a physician and surgeon
who is providing on-call specialty coverage services to the emergency
department of a nondesignated hospital, unless the physician and
surgeon is an emergency professional under paragraph (1).
(b)
(c) "Nondesignated hospital" means a general acute care
hospital, as defined in subdivision (a) of Section 1250 of the
Health and Safety Code or an acute psychiatric hospital, as defined
in subdivision (b) of Section 1250 of the Health and Safety Code,
that is not a designated facility, as defined in Section 5008.
(d) "Psychiatric professional" means a physician and surgeon who
is board certified or pursuing board certification in psychiatry and
who is providing specialty services to the emergency department of a
nondesignated hospital.
(e) "Qualified licensed person" means a licensed person designated
by the medical staff and governing body of a nondesignated hospital
to provide emergency services and care, to the extent permitted by
applicable law, in an emergency department of the nondesignated
hospital under the supervision of a physician and surgeon.
(f) "Psychiatric emergency medical condition" has the same meaning
as defined in subdivision (k) of Section 1317.1 of the Health and
Safety Code.
5150.11. (a) This section shall apply to a person who has been
detained pursuant to Section 5150 for evaluation and treatment and
first taken to an emergency department of a nondesignated hospital.
(b) Except as provided in subdivision (e), the nondesignated
hospital shall notify the county in which the nondesignated hospital
is located of the person's detention.
(c) The notification to the county shall be made using the 24-hour
toll-free telephone number established by the county's mental health
program for psychiatric emergency services and crisis stabilization
if the county's mental health program has a 24-hour toll-free
telephone number in operation on January 1, 2017, for this purpose.
The notification shall be documented in the patient's medical record.
(d) The nondesignated hospital shall advise the county of all of
the following:
(1) The time when the 72-hour detention period for evaluation and
treatment expires.
(2) An estimate of the time when the person will be medically
stable for transfer to a designated facility.
(3) The county in which the person resides, if known.
(e) The notification to the county under this section shall not be
required if the treating emergency professional determines that the
person will be admitted to an acute care bed of a nondesignated
hospital for the primary purpose of receiving acute inpatient
services for a medical condition that is in addition to the person's
psychiatric condition.
5150.12. (a) This section shall apply to a person who has been
detained for evaluation and treatment by a peace officer or an
authorized professional and is taken to an emergency department of a
nondesignated hospital for emergency services and care.
(b) While the person is in the emergency department of the
nondesignated hospital, the detention of the person for evaluation
and treatment shall continue, unless the person is released from
detention pursuant to Section 5150.15.
5150.13. (a) This section shall apply if, during a person's
examination or treatment in an emergency department, there is a need
for a determination of probable cause for the detention of the person
for evaluation and treatment.
(b) If a person who has not been detained for evaluation and
treatment has signs or symptoms, in the judgment of the treating
emergency professional, that indicate probable cause for detention
for evaluation and treatment, the person shall have the right to a
prompt probable cause determination in accordance with any of the
following:
(1) The hospital may contact the county to arrange for a probable
cause determination by an authorized professional, including, but not
limited to, a member of a mobile crisis team.
(2) The
probable cause determination may be conducted by an authorized
professional utilizing telehealth.
(3) The treating emergency professional may conduct a probable
cause determination and, upon a finding of probable cause, detain the
person for evaluation and treatment in accordance with Section 5150.
(c) If the person is detained for evaluation and treatment
pursuant to this section, the detention shall continue during his or
her stay in the emergency department of a nondesignated hospital,
unless the person is released from detention pursuant to Section
5150.15 or the detention ends by reason of the expiration of 72 hours
pursuant to subdivision (a) of Section 5150.
5150.14. (a) This section shall apply to a person who is first
detained pursuant to Section 5150 for evaluation and treatment in a
nondesignated hospital emergency department or has been detained
pursuant to Section 5150 for evaluation and treatment and first taken
to an emergency department of a nondesignated hospital.
(b) (1) Except as provided in subdivision (e), the nondesignated
hospital shall notify the county in which the nondesignated hospital
is located of the person's detention.
(2) If the person was detained for evaluation and treatment and
taken to the emergency department of the nondesignated hospital
pursuant to Section 5150.12, the notification shall occur after the
hospital has performed an initial medical screening of the person in
accordance with paragraphs (1) and (2) of subdivision (a) of Section
1317.1 of the Health and Safety Code.
(3) If the person is first detained for evaluation and treatment
in the emergency department of the nondesignated hospital pursuant to
Section 5150.13, the notification shall occur when the probable
cause determination has been completed.
(c) The notification to the county shall be made using the 24-hour
toll-free telephone number established by the county's mental health
program for psychiatric emergency services and crisis stabilization
if the county's mental health program has a 24-hour toll-free
telephone number in operation on January 1, 2017, for this purpose.
The notification shall be documented in the patient's medical record.
(d) The nondesignated hospital shall advise the county of all of
the following:
(1) The time when the 72-hour detention period for evaluation and
treatment expires.
(2) An estimate of the time when the person will be medically
stable for transfer to a designated facility.
(3) The county in which the person resides, if known.
(e) The notification to the county under this section shall not be
required if the treating emergency professional determines that the
person will be admitted, pursuant to Section 5150.16, to an acute
care bed of a nondesignated hospital for the primary purpose of
receiving acute inpatient services for a medical condition that is in
addition to the person's psychiatric condition.
5150.15. (a) This section shall establish a process for releasing
from detention a person who has been detained for evaluation and
treatment during the time that the person is detained in the
emergency department of a nondesignated hospital.
(b) If the treating emergency professional, after an examination
of the person, determines that a person does not have a mental
disorder, the treating professional may release the person from
detention for evaluation and treatment.
(c) If the treating emergency professional, after an examination
of the person, determines that a person has a mental disorder, but
there is no longer probable cause to continue the detention for
evaluation and treatment, the treating emergency professional may
release that person only when the treating emergency professional has
conducted a face-to-face examination and determined that the person
does not pose a danger to himself or herself or others, and is not
gravely disabled.
5150.16. (a) A nondesignated hospital and the professional staff
of the nondesignated hospital shall not be civilly or criminally
liable for the transfer of a person detained for evaluation and
treatment to a designated facility in accordance with this article.
(b) The peace officer or authorized professional responsible for
the detention of the person for evaluation and treatment who
transfers the custody of the person to an emergency professional of a
nondesignated hospital shall not be civilly or criminally liable for
any of the following:
(1) The continuation and enforcement of the detention for
evaluation and treatment during the person's stay in the emergency
department of the nondesignated hospital prior to the discharge of
the person from the hospital in accordance with this article.
(2) The release of the person from detention for evaluation and
treatment in accordance with this article.
(3) The transfer of the person detained for evaluation and
treatment to a designated facility in accordance with this article.
(c) Nothing in this section shall exonerate a person described in
this section from liability if that person acted with gross
negligence or willful or wanton misconduct.
5150.17. (a) A provider of ambulance services licensed by the
Department of the California Highway Patrol or operated by a public
safety agency, and the employees of those providers who are certified
or licensed under Section 1797.56 of the Health and Safety Code,
shall be authorized to transport a person who is in a hospital or
facility on a voluntary basis to a designated facility for
psychiatric treatment. This section shall apply to transfers from any
type of facility, including nondesignated hospitals and other
facilities.
(b) A person shall not be detained for evaluation and treatment
solely for the purpose of transporting the person, or transferring
the person by a provider of ambulance services, to a designated
facility or an emergency department of a nondesignated hospital.
5150.18. (a) Notwithstanding Section 5328, peace officers,
authorized professionals, emergency professionals and other qualified
professionals who participate in the examination, consultation,
treatment, placement, referral, or transport of a person who is, or
for whom there may be probable cause to be, detained for evaluation
and treatment under Section 5150 may engage in communication of
patient information among each other and with county behavioral
health professionals and staff, in the provision of emergency
services, referral, and placement for the person with a designated
facility or other agency. This includes communication about the
historical course of the person's mental disorder, as defined in
Section 5150.05.
(b) Communication of patient information under this section also
includes both of the following:
(1) Communications between emergency medical personnel and
emergency professionals at a licensed hospital, as defined in
subdivision (a) or (b) of Section 1250 of the Health and Safety Code,
in examination and treatment of a person at the scene of an
emergency or in transport of the person to a hospital for emergency
services and care.
(2) Communications among emergency medical personnel, emergency
professionals, and authorized professionals at a designated facility
or a nondesignated hospital at which the person may be evaluated,
treated, placed, referred, or transported, including during the
course of transport.
(c) For purposes of this section, communications among emergency
medical personnel, emergency professionals, and authorized
professionals include communications with licensed persons working
under the supervision of emergency professionals and authorized
professionals.
SEC. 9. Section 5270.50 of the Welfare
and Institutions Code is amended to read:
5270.50. (a) Notwithstanding Section 5113,
if the provisions of Section 5270.35 have been met, the professional
person in charge of the facility providing intensive treatment, his
or her designee, and the professional person
the medical director of the facility or his or her designee described
in Section 5270.35, the psychiatrist directly responsible for
the person's treatment treatment, or the
psychologist shall not be held civilly or criminally liable for
any action by a person released before or at the end of the
30 days of intensive treatment pursuant to this
article.
(b) The professional person in charge of the facility providing
intensive treatment or his or her designee, the medical director of
the facility or his or her designee described in Section 5270.35, the
psychiatrist directly responsible for the person's treatment, or the
psychologist shall not be held civilly or criminally liable for any
action by a person released at the end of the 30 days of intensive
treatment pursuant to this article.
(c) The attorney or advocate representing the person, the
court-appointed commissioner or referee, the certification review
hearing officer conducting the certification review hearing, or the
peace officer responsible for detaining the person shall not be
civilly or criminally liable for any action by a person released at
or before the end of the 30 days of intensive treatment pursuant to
this article.