Amended in Senate April 27, 2016

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

California Legislature—2015–16 Regular Session

Assembly BillNo. 1300


Introduced by Assembly Member Ridley-Thomas

February 27, 2015


An act to amend Sections 5008, 5113, 5150.1, and 5270.50 of,begin delete andend delete to add Sections 5014, 5025, 5113.5, andbegin delete 5150.3,end deletebegin insert 5150.3 to,end insert and to add Article 1.1 (commencing with Sectionbegin delete 5150.10) to,end deletebegin insert 5160) to Chapter 2 of Part 1 of Division 5 of,end insert 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 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 frombegin delete designated facilities andend delete 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 authorizebegin delete a providerend deletebegin insert certain emergency transport providers and providersend insert of ambulance servicesbegin delete to transfer a person who is voluntarily transferring to a designated facility for evaluation and treatment.end deletebegin insert to continue the detention of an individual for the purpose of transporting the individual, as specified.end insert 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:

P2    1

SECTION 1.  

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

3

5008.  

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

5(a) “Evaluation” consists of multidisciplinary professional
6analyses of a person’s medical, psychological, educational, social,
7financial, and legal conditions as may appear to constitute a
8problem. Persons providing evaluation services shall be properly
9qualified professionals and may be full-time employees of an
10agency providing face-to-face, which includes telehealth,
11evaluation services or may be part-time employees or may be
12employed on a contractual basis.

P3    1(b) “Court-ordered evaluation” means an evaluation ordered by
2a superior court pursuant to Article 2 (commencing with Section
35200) or by a superior court pursuant to Article 3 (commencing
4with Section 5225) of Chapter 2.

5(c) “Intensive treatment” consists of hospital and other services
6as may be indicated. Intensive treatment shall be provided by
7properly qualified professionals and carried out in facilities
8qualifying for reimbursement under the California Medical
9Assistance Program (Medi-Cal) set forth in Chapter 7 (commencing
10with Section 14000) of Part 3 of Division 9, or under Title XVIII
11of the federal Social Security Act and regulations thereunder.
12Intensive treatment may be provided in hospitals of the United
13States government by properly qualified professionals. Nothing
14in this part shall be construed to prohibit an intensive treatment
15facility from also providing 72-hour evaluation and treatment.

16(d) “Referral” is referral of persons by each agency or facility
17providing assessment, evaluation, crisis intervention, or treatment
18services to other agencies or individuals. The purpose of referral
19shall be to provide for continuity of care, and may include, but
20need not be limited to, informing the person of available services,
21making appointments on the person’s behalf, discussing the
22person’s problem with the agency or individual to which the person
23has been referred, appraising the outcome of referrals, and
24arranging for personal escort and transportation when necessary.
25Referral shall be considered complete when the agency or
26individual to whom the person has been referred accepts
27responsibility for providing the necessary services. All persons
28shall be advised of available precare services that prevent initial
29recourse to hospital treatment or aftercare services that support
30adjustment to community living following hospital treatment.
31These services may be provided through county or city mental
32health departments, state hospitals under the jurisdiction of the
33State Department of State Hospitals, regional centers under contract
34with the State Department of Developmental Services, or other
35public or private entities.

36Each agency or facility providing evaluation services shall
37maintain a current and comprehensive file of all community
38services, both public and private. These files shall contain current
39agreements with agencies or individuals accepting referrals, as
40well as appraisals of the results of past referrals.

P4    1(e) “Crisis intervention” consists of an interview or series of
2interviews within a brief period of time, conducted by qualified
3professionals, and designed to alleviate personal or family
4situations which present a serious and imminent threat to the health
5or stability of the person or the family. The interview or interviews
6may be conducted in the home of the person or family, or on an
7inpatient or outpatient basis with such therapy, or other services,
8as may be appropriate. The interview or interviews may include
9family members, significant support persons, providers, or other
10entities or individuals, as appropriate and as authorized by law.
11Crisis intervention may, as appropriate, include suicide prevention,
12psychiatric, welfare, psychological, legal, or other social services.

13(f) “Prepetition screening” is a screening of all petitions for
14court-ordered evaluation as provided in Article 2 (commencing
15with Section 5200) of Chapter 2, consisting of a professional
16review of all petitions; an interview with the petitioner and,
17whenever possible, the person alleged, as a result of a mental health
18disorder, to be a danger to others, or to himself or herself, or to be
19gravely disabled, to assess the problem and explain the petition;
20when indicated, efforts to persuade the person to receive, on a
21voluntary basis, comprehensive evaluation, crisis intervention,
22 referral, and other services specified in this part.

23(g) “Conservatorship investigation” means investigation by an
24agency appointed or designated by the governing body of cases in
25which conservatorship is recommended pursuant to Chapter 3
26(commencing with Section 5350).

27(h) (1) For purposes of Article 1 (commencing with Section
285150), Article 2 (commencing with Section 5200), and Article 4
29(commencing with Section 5250) of Chapter 2, and for the purposes
30of Chapter 3 (commencing with Section 5350), “gravely disabled”
31means either of the following:

32(A) A condition in which a person, as a result of a mental health
33disorder, is unable to provide for his or her basic personal needs
34for food, clothing, or shelter.

35(B) A condition in which abegin delete person,end deletebegin insert personend insert has been found
36mentally incompetent under Section 1370 of the Penal Code and
37all of the following facts exist:

38(i) The indictment or information pending against the person at
39the time of commitment charges a felony involving death, great
P5    1bodily harm, or a serious threat to the physical well-being of
2another person.

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

4(iii) As a result of a mental health disorder, the person is unable
5to understand the nature and purpose of the proceedings taken
6against him or her and to assist counsel in the conduct of his or
7her defense in a rational manner.

8(2) For purposes of Article 3 (commencing with Section 5225)
9and Article 4 (commencing with Section 5250), of Chapter 2, and
10for the purposes of Chapter 3 (commencing with Section 5350),
11“gravely disabled” means a condition in which a person, as a result
12of impairment by chronic alcoholism, is unable to provide for his
13or her basic personal needs for food, clothing, or shelter.

14(3) The term “gravely disabled” does not include persons with
15intellectual disabilities by reason of that disability alone.

16(i) “Peace officer” means a duly sworn peace officer as that
17term is defined in Chapter 4.5 (commencing with Section 830) of
18Title 3 of Part 2 of the Penal Code who has completed the basic
19training course established by the Commission on Peace Officer
20Standards and Training, or any parole officer or probation officer
21specified in Section 830.5 of the Penal Code when acting in relation
22to cases for which he or she has a legally mandated responsibility.

23(j) “Postcertification treatment” means an additional period of
24treatment pursuant to Article 6 (commencing with Section 5300)
25of Chapter 2.

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

27(l) “Antipsychotic medication” means any medication
28customarily prescribed for the treatment of symptoms of psychoses
29and other severe mental and emotional disorders.

30(m) “Emergency” means a situation in which action to impose
31treatment over the person’s objection is immediately necessary
32for the preservation of life or the prevention of serious bodily harm
33to the patient or others, and it is impracticable to first gain consent.
34It is not necessary for harm to take place or become unavoidable
35prior to treatment.

36(n) “Designated facility” or “facility designated by the county
37for evaluation and treatment” means a facility that is licensed or
38certified as a mental health treatment facility or a hospital, as
39defined in subdivision (a) or (b) of Section 1250 of the Health and
40Safety Code, by the State Department of Public Health, and may
P6    1include, but is not limited to, a licensed psychiatric hospital, a
2licensed psychiatric health facility, and a certified crisis
3stabilization unit.

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

5(1) A mental health professional or category of mental health
6professionals, excluding peace officers, who are authorized in
7writing by a county to provide services described in Article 1
8(commencing with Section 5150) of Chapter 2. An authorized
9professional shall have appropriate training in mental health
10disorders and determination of probable cause, and shall have
11relevant experience in providing services to persons with mental
12health disorders.

13(2) An authorized professional as described in paragraph (1)
14who is a member of the staff of a designated facility and who is
15authorized by the facility to provide services described in this part.

16(3) A member of a mobile crisis team who is authorized in
17writing by a county to provide services described in Article 1
18(commencing with Section 5150) of Chapter 2.

19(p) “Emergency transport provider” means a provider of
20ambulance services licensed by the Department of the California
21Highway Patrol or operated by a public safety agency and includes
22the authorized personnel of an emergency transport provider who
23are certified or licensed under Section 1797.56, 1797.80, 1797.82,
24or 1797.84 of the Health and Safety Code.

begin delete

25(q) “Telehealth” means the telehealth services, as defined in
26paragraph (6) of subdivision (a) of Section 2290.5 of the Business
27and Professions Code, for the purpose of providing services under
28this part, including a probable cause determination, the release of
29a person from detention for evaluation and treatment, assessment
30or evaluation, and treatment. For purposes of this part, telehealth
31services may be used by any licensed professional, including a
32psychologist, clinical social worker, or other mental health
33professional, acting within the scope of his or her profession for
34providing evaluation, treatment, consultation, or other mental
35health services under this part.

end delete
36

SEC. 2.  

Section 5014 is added to the Welfare and Institutions
37Code
, to read:

38

5014.  

Each designated facility shall accept, within its clinical
39capability and capacity, all categories of persons for whom it is
40designated, without regard to insurance or financial status. If a
P7    1person presents to a designated facility with a psychiatric
2emergency medical condition, as defined in subdivision (f) of
3Sectionbegin delete 5150.10,end deletebegin insert 5160,end insert that is beyond its capability, the facility
4shall assist the person in obtaining emergency services and care
5at an appropriate facility.

6

SEC. 3.  

Section 5025 is added to the Welfare and Institutions
7Code
, to read:

8

5025.  

(a) The professional person in charge of a nondesignated
9hospital, as defined in subdivision (c) of Sectionbegin delete 5150.10,end deletebegin insert 5160,end insert
10 his or her designee, the medical director of the nondesignated
11hospital or his or her designee, the psychiatric professional who
12has consulted with a treating emergency professional in accordance
13with subdivision (c) of Sectionbegin delete 5150.15,end deletebegin insert 5164,end insert or a treating
14emergency professional or other professional staff person who has
15received training in managing persons who have been detained for
16evaluation and treatment and the determination of probable cause
17in accordance with Section 5150, and who is acting within the
18scope of his or her official duties, employment or contractual
19obligations, or clinical privileges for the nondesignated hospital,
20shall not be civilly or criminally liable for any action by a person
21detained pursuant to Article 1 (commencing with Section 5150)
22of Chapter 2 of this part, and released at the end of 72 hours, or
23before the end of 72 hours, if Sectionbegin delete 5150.15end deletebegin insert 5164end insert is satisfied.

24(b) The peace officer responsible for the detainment of the
25person shall not be civilly or criminally liable for any action by a
26person released at or before the end of the 72-hour detainment
27period pursuant to Article 1 (commencing with Section 5150) of
28Chapter 2 of this part.

29(c) A treating emergency professional or other professional staff
30person who has received training in managing persons who have
31been detained for evaluation and treatment and the determination
32of probable cause in accordance with Section 5150, and who is
33acting within the scope of his or her official duties, employment
34or contractual obligations, or clinical privileges for the
35nondesignated hospital shall not be liable for carrying out a
36determination in accordance with Sectionbegin delete 5150.15.end deletebegin insert 5164.end insert

37(d) Nothing in this section shall exonerate a person described
38in this section from liability if that person acted with gross
39negligence or willful or wanton misconduct.

P8    1

SEC. 4.  

Section 5113 of the Welfare and Institutions Code is
2amended to read:

3

5113.  

Except as provided in Sections 5154, 5173, 5259.3, 5267,
45270.35, and 5306, the facility providing treatment pursuant to
5Article 1 (commencing with Section 5150), Article 1.5
6(commencing with Section 5170), Article 4 (commencing with
7Section 5250), Article 4.5 (commencing with Section 5260), Article
84.7 (commencing with Section 5270.10), or Article 6 (commencing
9with Section 5300), a nondesignated hospital, as defined in
10subdivision (c) of Sectionbegin delete 5150.10,end deletebegin insert 5160,end insert the administrator of the
11facility or nondesignated hospital, the professional person in charge
12of the facility or nondesignated hospital, and his or her designee,
13or the peace officer responsible for the detainment of the person
14shall not be civilly or criminally liable for any action by a person
15released at or before the end of the period for which he or she was
16detained or admitted pursuant to the provisions of the appropriate
17article.

18

SEC. 5.  

Section 5113.5 is added to the Welfare and Institutions
19Code
, to read:

20

5113.5.  

(a) A designated facility or nondesignated hospital,
21as defined in subdivision (c) of Sectionbegin delete 5150.10,end deletebegin insert 5160,end insert or a
22physician or other professional staff person who has received
23training in managing persons who have been detained for
24evaluation and treatment and determination of probable cause in
25accordance with Section 5150, and who is acting within the scope
26of his or her official duties, employment or contractual obligations,
27or clinical privileges for the designated facility or nondesignated
28hospital shall not be liable for any of the following:

29(1) An injury caused by an eloping or eloped person who has
30been detained for a mental health disorder or addiction.

31(2) An injury to, or the wrongful death of, an eloping or eloped
32person who has been detained for a mental health disorder or
33addiction.

34(b) Nothing in this section shall exonerate a person described
35in this section from liability if that person acted with gross
36negligence or willful or wanton misconduct.

37

SEC. 6.  

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

39

5150.1.  

(a) No peace officer seeking to transport, or having
40transported, a person to a designated facility for assessment under
P9    1Section 5150, shall be instructed by mental health personnel to
2take the person to, or keep the person at, a jail solely because of
3the unavailability of an acute bed, nor shall the peace officer be
4forbidden to transport the person directly to the designated facility.
5No mental health employee from any county, state, city, or any
6private agency providing Short-Doyle psychiatric emergency
7services shall interfere with a peace officer performing duties under
8Section 5150 by preventing the peace officer from entering a
9designated facility with the person to be assessed, nor shall any
10employee of such an agency require the peace officer to remove
11the person without assessment as a condition of allowing the peace
12officer to depart.

13(b) An emergency transport provider or any certified or licensed
14personnel of an emergency transport provider who has received
15training in managing persons who have been detained for
16evaluation and treatment and who is acting at the direction of a
17peace officer to transport a person who has been detained by the
18peace officer pursuant to subdivision (a) of Section 5150 to a
19designated facility for assessment under Section 5151, or to a
20nondesignated hospital, as defined in subdivision (c) of Section
21begin delete 5150.10,end deletebegin insert 5160,end insert for emergency services and care, is authorized to
22continue the detention for the purpose of transporting the person
23to the facility or the nondesignated hospital.

24(c) “Peace officer” for the purposes of this section also means
25a jailer seeking to transport or transporting a person in custody to
26a designated facility for assessment consistent with Section 4011.6
27or 4011.8 of the Penal Code and Section 5150.

28

SEC. 7.  

Section 5150.3 is added to the Welfare and Institutions
29Code
, to read:

30

5150.3.  

(a) An application for detention for evaluation and
31treatment shall be valid in all counties in which there is a
32designated facility to which the person may be taken.

33(b) (1) If the person detained by a peace officer or authorized
34professional is in a location other than a designated facility or
35nondesignated hospital, the original or copy of the application for
36detention for evaluation and treatment shall be presented to the
37designated facility under paragraph (2) or the nondesignated
38hospital under paragraph (3).

39(2) If after detention under Section 5150, the person is first taken
40 to a designated facility, the original or a copy of the signed
P10   1application for detention for evaluation and treatment shall be
2presented to the designated facility.

3(3) If after detention under Section 5150, the person is first taken
4to a nondesignated hospital, the original or a copy of the signed
5application for detention for evaluation and treatment shall be
6presented to the nondesignated hospital. If the person is
7subsequently transferred to a designated facility, the nondesignated
8hospital shall deliver the original or a copy of the signed application
9for detention for evaluation and treatment to the designated facility.
10If the person is discharged from the nondesignated hospital under
11Sectionbegin delete 5150.15end deletebegin insert 5164end insert without a transfer to a designated facility,
12the nondesignated hospital shall maintain the original or a copy
13of the original signed application for detention for evaluation and
14treatment.

15(c) If a person detained for evaluation and treatment is
16 subsequently released pursuant to Sectionbegin delete 5150.15end deletebegin insert 5164end insert or 5151,
17the application for detention for evaluation and treatment in the
18possession of a designated facility or nondesignated hospital shall
19be retained for the period of time required by the medical records
20retention policy of the designated facility or nondesignated hospital.

21

SEC. 8.  

Article 1.1 (commencing with Sectionbegin delete 5150.10)end deletebegin insert 5160)end insert
22 is added to Chapter 2 of Part 1 of Division 5 of the Welfare and
23Institutions Code
, to read:

24 

25Article 1.1.  Persons Detained in Nondesignated Hospitals
26

 

27

begin delete5150.10.end delete
28
begin insert5160.end insert  

Unless the context otherwise requires, the following
29definitions shall govern the construction of this article:

30(a) “Emergency department of a nondesignated hospital” means
31a basic, comprehensive, or standby emergency medical service
32that is approved by the State Department of Public Health as a
33special or supplemental service of a nondesignated hospital. For
34purposes of this part, an emergency department of a nondesignated
35hospital shall include an observation or similar unit of the hospital
36that meets both of the following criteria:

37(1) The unit is operated under the direction and policies of the
38emergency department.

39(2) The unit provides continuing emergency services and care
40to patients prior to an inpatient admission, transfer, or discharge.

P11   1(b) “Emergency professional” means either of the following:

2(1) A physician and surgeon who is board certified or pursuing
3board certification in emergency medicine, or a qualified licensed
4person, as defined in subdivision (e), during any scheduled period
5that he or she is on duty to provide medical screening and treatment
6of patients in an emergency department of a nondesignated hospital.

7(2) A physician and surgeon, or a qualified licensed person, as
8defined in subdivision (e), during any scheduled period that he or
9she is on duty to provide medical screening and treatment of
10patients in the emergency department of a nondesignated hospital
11that is a critical access hospital within the meaning of Section
121250.7 of the Health and Safety Code. A physician and surgeon
13on duty under this paragraph shall include a physician and surgeon
14on call for a standby emergency medical service who is responsible
15to provide professional coverage for the emergency department.
16A physician and surgeon on duty under this paragraph does not
17include a physician and surgeon who is providing on-call specialty
18coverage services to the emergency department of a nondesignated
19hospital, unless the physician and surgeon is an emergency
20professional under paragraph (1).

21(c) “Nondesignated hospital” means a general acute care
22hospital, as defined in subdivision (a) of Section 1250 of the Health
23and Safety Code or an acute psychiatric hospital, as defined in
24subdivision (b) of Section 1250 of the Health and Safety Code,
25that is not a designated facility, as defined in Section 5008.

26(d) “Psychiatric professional” means a physician and surgeon
27who is board certified or pursuing board certification in psychiatry
28and who is providing specialty services to the emergency
29department of a nondesignated hospital.

30(e) “Qualified licensed person” means a licensed person
31designated by the medical staff and governing body of a
32nondesignated hospital to provide emergency services and care,
33to the extent permitted by applicable law, in an emergency
34department of the nondesignated hospital under the supervision
35of a physician and surgeon.

36(f) “Psychiatric emergency medical condition” has the same
37meaning as defined in subdivision (k) of Section 1317.1 of the
38Health and Safety Code.

P12   1

begin delete5150.12.end delete
2
begin insert5161.end insert  

(a) This section shall apply to a person who has been
3detained for evaluation and treatment by a peace officer or an
4authorized professional and is taken to an emergency department
5of a nondesignated hospital for emergency services and care.

6(b) While the person is in the emergency department of the
7nondesignated hospital, the detention of the person for evaluation
8and treatment shall continue, unless the person is released from
9detention pursuant to Sectionbegin delete 5150.15.end deletebegin insert 5164.end insert

10

begin delete5150.13.end delete
11
begin insert5162.end insert  

(a) This section shall apply if, during a person’s
12examination or treatment in an emergency department, there is a
13need for a determination of probable cause for the detention of the
14person for evaluation and treatment.

15(b) If a person who has not been detained for evaluation and
16treatment has signs or symptoms, in the judgment of the treating
17emergency professional, that indicate probable cause for detention
18for evaluation and treatment, the person shall have the right to a
19prompt probable cause determination in accordance with any of
20the following:

21(1) The hospital may contact the county to arrange for a probable
22cause determination by an authorized professional, including, but
23not limited to, a member of a mobile crisis team.

begin delete

24(2) The probable cause determination may be conducted by an
25authorized professional utilizing telehealth.

end delete
begin insert

26
(2) As part of an evaluation, an authorized professional may
27conduct a probable cause determination and, upon a finding of
28probable cause, detain the person for evaluation and treatment in
29accordance with Section 5150.

end insert

30(3) The treating emergency professional may conduct a probable
31cause determination and, upon a finding of probable cause, detain
32the person for evaluation and treatment in accordance with Section
335150.

34(c) If the person is detained for evaluation and treatment
35pursuant to this section, the detention shall continue during his or
36her stay in the emergency department of a nondesignated hospital,
37unless the person is released from detention pursuant to Section
38begin delete 5150.15end deletebegin insert 5164end insert or the detention ends by reason of the expiration of
3972 hours pursuant to subdivision (a) of Section 5150.

P13   1

begin delete5150.14.end delete
2
begin insert5163.end insert  

(a) This section shall apply to a person who is first
3detained pursuant to Section 5150 for evaluation and treatment in
4a nondesignated hospital emergency department or has been
5detained pursuant to Section 5150 for evaluation and treatment
6and first taken to an emergency department of a nondesignated
7hospital.

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

11(2) If the person was detained for evaluation and treatment and
12taken to the emergency department of the nondesignated hospital
13pursuant to Sectionbegin delete 5150.12,end deletebegin insert 5161,end insert the notification shall occur
14after the hospital has performed an initial medical screening of the
15person in accordance with paragraphs (1) and (2) of subdivision
16(a) of Section 1317.1 of the Health and Safety Code.

17(3) If the person is first detained for evaluation and treatment
18in the emergency department of the nondesignated hospital
19pursuant to Sectionbegin delete 5150.13,end deletebegin insert 5162,end insert the notification shall occur
20when the probable cause determination has been completed.

21(c) The notification to the county shall be made using the
2224-hour toll-free telephone number established by the county’s
23mental health program for psychiatric emergency services and
24crisis stabilization if the county’s mental health program has a
2524-hour toll-free telephone number in operation on January 1,
262017, for this purpose. The notification shall be documented in
27the patient’s medical record.

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

30(1) The time when the 72-hour detention period for evaluation
31and treatment expires.

32(2) An estimate of the time when the person will be medically
33stable for transfer to a designated facility.

34(3) The county in which the person resides, if known.

35(e) The notification to the county under this section shall not
36be required if the treating emergency professional determines that
37the person will be admitted, pursuant to Sectionbegin delete 5150.16,end deletebegin insert 5165,end insert to
38an acute care bed of a nondesignated hospital for the primary
39purpose of receiving acute inpatient services for a medical
40condition that is in addition to the person’s psychiatric condition.

P14   1

begin delete5150.15.end delete
2
begin insert5164.end insert  

(a) This section shall establish a process for releasing
3from detention a person who has been detained for evaluation and
4treatment during the time that the person is detained in the
5emergency department of a nondesignated hospital.

6(b) If the treating emergency professional, after an examination
7of the person, determines that a person does not have a mental
8disorder, the treating professional may release the person from
9detention for evaluation and treatment.

10(c) If the treating emergency professional, after an examination
11of the person, determines that a person has a mental disorder, but
12there is no longer probable cause to continue the detention for
13evaluation and treatment, the treating emergency professional may
14release that person only when the treating emergency professional
15has conducted a face-to-face examination and determined that the
16person does not pose a danger to himself or herself or others, and
17is not gravely disabled.

18

begin delete5150.16.end delete
19
begin insert5165.end insert  

(a) A nondesignated hospital and the professional staff
20of the nondesignated hospital shall not be civilly or criminally
21liable for the transfer of a person detained for evaluation and
22treatment to a designated facility in accordance with this article.

23(b) The peace officer or authorized professional responsible for
24the detention of the person for evaluation and treatment who
25transfers the custody of the person to an emergency professional
26of a nondesignated hospital shall not be civilly or criminally liable
27for any of the following:

28(1) The continuation and enforcement of the detention for
29evaluation and treatment during the person’s stay in the emergency
30department of the nondesignated hospital prior to the discharge of
31the person from the hospital in accordance with this article.

32(2) The release of the person from detention for evaluation and
33treatment in accordance with this article.

34(3) The transfer of the person detained for evaluation and
35treatment to a designated facility in accordance with this article.

36(c) Nothing in this section shall exonerate a person described
37in this section from liability if that person acted with gross
38negligence or willful or wanton misconduct.

P15   1

begin delete5150.17.end delete
2
begin insert5166.end insert  

(a) A provider of ambulance services licensed by the
3Department of the California Highway Patrol or operated by a
4public safety agency, and the employees of those providers who
5are certified or licensed under Section 1797.56 of the Health and
6Safety Code, shall be authorized tobegin delete transport a person who is in a
7hospital or facility on a voluntary basis to a designated facility for
8psychiatric treatment. Thisend delete
begin insert do both of the following:end insert

begin insert

9
(1) Transport a person who is in a hospital or facility on a
10voluntary basis to a designated facility for psychiatric treatment.

end insert
begin insert

11
(2) Transport, and continue the detention of, a person who is
12detained for evaluation and treatment in a hospital or facility to
13a designated facility for psychiatric treatment.

end insert

14begin insert(b)end insertbegin insertend insertbegin insertThisend insert section shall apply to transfers from any type of facility,
15including nondesignated hospitals and other facilities.

begin delete

16(b)

end delete

17begin insert(c)end insert A person shall not be detained for evaluation and treatment
18solely for the purpose of transporting the person, or transferring
19the person by a provider of ambulance services, to a designated
20facility or an emergency department of a nondesignated hospital.

21

begin delete5150.18.end delete
22
begin insert5167.end insert  

(a) Notwithstanding Section 5328, peace officers,
23authorized professionals, emergencybegin delete professionalsend deletebegin insert professionals,end insert
24 and other qualified professionals who participate in the
25examination, consultation, treatment, placement, referral, or
26transport of a person who is, or for whom there may be probable
27cause to be, detained for evaluation and treatment under Section
285150 may engage in communication of patient information among
29each other and with county behavioral health professionals and
30staff, in the provision of emergency services, referral, and
31placement for the person with a designated facility or other agency.
32This includes communication about the historical course of the
33person’s mental disorder, as defined in Section 5150.05.

34(b) Communication of patient information under this section
35also includes both of the following:

36(1) Communications between emergency medical personnel
37and emergency professionals at a licensed hospital, as defined in
38subdivision (a) or (b) of Section 1250 of the Health and Safety
39Code, in examination and treatment of a person at the scene of an
P16   1emergency or in transport of the person to a hospital for emergency
2services and care.

3(2) Communications among emergency medical personnel,
4emergency professionals, and authorized professionals at a
5designated facility or a nondesignated hospital at which the person
6may be evaluated, treated, placed, referred, or transported,
7including during the course of transport.

8(c) For purposes of this section, communications among
9emergency medical personnel, emergency professionals, and
10authorized professionals include communications with licensed
11persons working under the supervision of emergency professionals
12and authorized professionals.

13

SEC. 9.  

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

15

5270.50.  

(a) Notwithstanding Section 5113, if the provisions
16of Section 5270.35 have been met, the professional person in
17charge of the facility providing intensive treatment, his or her
18designee, the medical director of the facility or his or her designee
19described in Section 5270.35, the psychiatrist directly responsible
20for the person’s treatment, or the psychologist shall not be held
21civilly or criminally liable for any action by a person released
22before or at the end of the 30 days of intensive treatment pursuant
23to this article.

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

31(c) The attorney or advocate representing the person, the
32court-appointed commissioner or referee, the certification review
33hearing officer conducting the certification review hearing, or the
34peace officer responsible for detaining the person shall not be
35civilly or criminally liable for any action by a person released at
36or before the end of the 30 days of intensive treatment pursuant to
37this article.



O

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