Amended in Senate June 21, 2016

Amended in Senate June 16, 2016

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 Bill No. 1300

Introduced by Assembly Member Ridley-Thomas

February 27, 2015

An act to amend Sections begin delete 5008, 5113, and 5270.50 of, end delete begin insert 5008 and 5150 of, and end insert to add Sections 5014, begin delete 5025, 5113.5, and 5150.3 to, and to add Article 1.1 (commencing with Section 5160) to Chapter 2 of Part 1 of Division 5 of, end delete begin insert 5150.3, and 5150.7 to, 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 begin insert is end insert 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. begin insert Existing law requires that a written application be submitted to a facility before a person may be detained for evaluation and treatment on this basis, as specified. end insert

begin delete

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 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 certain providers of ambulance services to continue the detention of an individual for the purpose of transporting the individual to a designated facility. 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.

end delete begin insert

This bill would additionally authorize a nondesignated emergency physician or psychiatric professional, upon probable cause, to take the person into custody for a period of up to 72 hours for the purpose of obtaining evaluation and treatment from a designated professional person or to arrange the transfer of the person to a designated facility. The bill would provide that an application for detention for evaluation and treatment is valid in all counties in which there is a designated facility to which the person may be taken. The bill would require a designated facility to accept, within its clinical capability and capacity, all categories of persons for whom it is designated, without regard to insurance or financial status. The bill would authorize the communication of patient information amongst peace officers, specified medical personnel, and qualified professionals during an emergency, for purposes of providing emergency services, referral, and placement for the person.

end insert

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 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.

begin insert

(n) “Emergency department” 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 general acute care hospital licensed under Chapter 2
(commencing with Section 1250) of Division 2 of the Health and
Safety Code. For purposes of this part, an emergency department
shall include an observation or similar unit of the hospital that
meets both of the following criteria:

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(o) “Emergency physician” means a physician and surgeon
during any scheduled period that he or she is on duty to provide
medical screening and treatment of patients in the emergency
department. This term does not include an emergency physician
who is a professional person designated by a county pursuant to
paragraph (1) of subdivision (a) of Section 5150.

end insert begin delete

(n)

end delete

begin insert (p) end insert  “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.

begin delete

(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.

end delete begin insert

(q) “Psychiatric professional” means a physician and surgeon
licensed by the Medical Board of California who has completed
an approved psychiatric residency training program and who
provides specialty services to the emergency department of a
hospital that is not a designated facility. “Psychiatric professional”
also means a professional person designated by the county
pursuant to paragraph (1) of subdivision (a) of Section 5150.

end insert

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 begin delete subdivision (f) of
Section 5160, end delete begin insert subdivision (k) of Section 1317.1 of the Health and
Safety Code, end insert that is beyond its capability, the begin insert designated end insert facility
shall assist the person in obtaining emergency services and care
at an appropriate facility.

begin delete

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 5160, 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 5164, 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 5164 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 5164.

(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), Article
4.7 (commencing with Section 5270.10), or Article 6 (commencing
with Section 5300), a nondesignated hospital, as defined in
subdivision (c) of Section 5160, 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 5160, 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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

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

5150.  

(a)  begin insert (1) end insert begin insert   end insert When a person, as a result of a mental health
disorder, is a danger to others, or to himself or herself, or gravely
disabled, a peace officer, professional person in charge of a facility
designated by the county for evaluation and treatment, member of
the attending staff, as defined by regulation, of a facility designated
by the county for evaluation and treatment, designated members
of a mobile crisis team, or professional person designated by the
county may, upon probable cause, take, or cause to be taken, the
person into custody for a period of up to 72 hours for assessment,
evaluation, and crisis intervention, or placement for evaluation
and treatment in a facility designated by the county for evaluation
and treatment and approved by the State Department of Health
Care Services. At a minimum, assessment, as defined in Section
5150.4, and evaluation, as defined in subdivision (a) of Section
5008, shall be conducted and provided on an ongoing basis. Crisis
intervention, as defined in subdivision (e) of Section 5008, may
be provided concurrently with assessment, evaluation, or any other
service.

begin insert

(2) When a person, as a result of a mental health disorder, is a
danger to others, or to himself or herself, or gravely disabled, an
emergency physician or psychiatric professional who is not a
designated professional person under paragraph (1), may, upon
probable cause, take, or cause to be taken, the person into custody
for a period of up to 72 hours for the purpose of obtaining
evaluation and treatment from a professional person, including
members of a mobile crisis team, who is designated by a county
under paragraph (1), or to arrange the transfer of the person to
a designated facility for evaluation and treatment.

end insert

(b) When determining if a person should be taken into custody
pursuant to subdivision (a), the individual making that
determination shall apply the provisions of Section 5150.05, and
shall not be limited to consideration of the danger of imminent
harm.

(c) The professional person in charge of a facility designated
by the county for evaluation and treatment, member of the
attending staff, or professional person designated by the county
shall assess the person to determine whether he or she can be
properly served without being detained. If, in the judgment of the
professional person in charge of the facility designated by the
county for evaluation and treatment, member of the attending staff,
or professional person designated by the county, the person can
be properly served without being detained, he or she shall be
provided evaluation, crisis intervention, or other inpatient or
outpatient services on a voluntary basis. Nothing in this subdivision
shall be interpreted to prevent a peace officer from delivering
individuals to a designated facility for assessment under this
section. Furthermore, the assessment requirement of this
subdivision shall not be interpreted to require peace officers to
perform any additional duties other than those specified in Sections
5150.1 and 5150.2.

(d) Whenever a person is evaluated by a professional person in
charge of a facility designated by the county for evaluation or
treatment, member of the attending staff, or professional person
designated by the county and is found to be in need of mental
health services, but is not admitted to the facility, all available
alternative services provided pursuant to subdivision (c) shall be
offered as determined by the county mental health director.

(e) If, in the judgment of the professional person in charge of
the facility designated by the county for evaluation and treatment,
member of the attending staff, or the professional person designated
by the county, the person cannot be properly served without being
detained, the admitting facility shall require an application in
writing stating the circumstances under which the person’s
condition was called to the attention of the peace officer,
professional person in charge of the facility designated by the
county for evaluation and treatment, member of the attending staff,
or professional person designated by the county, and stating that
the peace officer, professional person in charge of the facility
designated by the county for evaluation and treatment, member of
the attending staff, or professional person designated by the county
has probable cause to believe that the person is, as a result of a
mental health disorder, a danger to others, or to himself or herself,
or gravely disabled. The application shall also record whether the
historical course of the person’s mental disorder was considered
in the determination, pursuant to Section 5150.05. If the probable
cause is based on the statement of a person other than the peace
officer, professional person in charge of the facility designated by
the county for evaluation and treatment, member of the attending
staff, or professional person designated by the county, the person
shall be liable in a civil action for intentionally giving a statement
that he or she knows to be false.

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

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

 

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

 

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

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

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

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

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

(3) The date the advisement was completed.

(4) Whether the advisement was completed.

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

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

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

 

My name is     .

My position here is     .

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

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

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

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

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

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

 

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

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

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

(2) The date of the advisement.

(3) Whether the advisement was completed.

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

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

begin delete SEC. 6. end delete

begin insert SEC. 4. end insert   

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

5150.3.  

(a) An application for detention for evaluation and
begin delete treatment end delete begin insert treatment, as described in subdivision (e) of Section
5150, end insert 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 begin delete authorized end delete
begin insert designated end insert professional is in a location other than a designated
facility or begin delete nondesignated hospital, end delete begin insert a hospital that is not a
designated facility, end insert 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 begin delete nondesignated end delete
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 begin delete nondesignated hospital, end delete begin insert hospital that is not a designated
facility, end insert the original or a copy of the signed application for
detention for evaluation and treatment shall be presented to the
begin delete nondesignated end delete hospital. If the person is subsequently transferred
to a designated facility, the begin delete nondesignated end delete 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 begin delete nondesignated hospital under Section 5164 end delete
begin insert hospital end insert without a transfer to a designated facility, the
begin delete nondesignated end delete 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 begin delete 5151 or 5164, end delete begin insert 5151, end insert the
application for detention for evaluation and treatment in the
possession of a designated facility or begin delete nondesignated end delete hospital shall
be retained for the period of time required by the medical records
retention policy of the designated facility or begin delete nondesignated end delete hospital.

begin delete

SEC. 7.  

Article 1.1 (commencing with Section 5160) 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

 

5160.  

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).

(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 emergency medical condition” has the same
meaning as defined in subdivision (k) of Section 1317.1 of the
Health and Safety Code.

(e) “Psychiatric professional” means a physician and surgeon
licensed by the Medical Board of California who has completed
an approved psychiatric residency training program and who
provides specialty services to the emergency department of a
nondesignated hospital.

(f) “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.

5161.  

(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 5164.

5162.  

(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) As part of an evaluation, an authorized 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.

(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
5164 or the detention ends by reason of the expiration of 72 hours
pursuant to subdivision (a) of Section 5150.

5163.  

(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 5161, 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 5162, 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 5165, 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.

5164.  

(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.

(d) Nothing in this article shall be construed to prevent a treating
emergency professional from consulting with an authorized
professional, including a psychiatric professional, for the purposes
of determining whether a person has a mental disorder or whether
there is no longer probable cause to detain the person because the
person does not pose a danger to himself or herself or others, or
is not gravely disabled.

(e) Nothing in this article shall be construed to prevent an
authorized professional, including a psychiatric professional, from
directly releasing the person after conducting a face-to-face
examination and determining there is no longer probable cause to
detain the person because the person no longer poses a danger to
himself or herself or others, or is not gravely disabled.

5165.  

(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.

5166.  

(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 do both of the following:

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

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

(b) This section shall apply to transfers from any type of facility,
including nondesignated hospitals and other facilities.

(c) 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.

5167.  

(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.

5168.  

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

SEC. 8.  

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

5270.50.  

(a) Notwithstanding Section 5113, if the provisions
of Section 5270.35 have been met, the professional person in
charge of the facility providing intensive treatment, his or her
designee, the medical director of the facility or his or her designee
described in Section 5270.35, 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
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.

  

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 5150.7 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 5150.7. end insert   

(a) Notwithstanding Section 5328, during an
emergency, peace officers, designated professionals, emergency
physicians, and other emergency and 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 communicate patient information to each
other and 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 physicians 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 physicians, and designated professionals at a
designated facility, or a hospital that is not a designated facility,
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 physicians, and
designated professionals include communications with licensed
persons working under the supervision of emergency physicians
and designated professionals.

(d) For purposes of this section, “designated professional”
means a person designated by the county under paragraph (1) of
subdivision (a) of Section 5150.

end insert