BILL NUMBER: AB 1300 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 27, 2015
An act to amend Sections 5008, 5113, and 5270.50 of,
5008 and 5150 of, and to add Sections 5014,
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, 5150.3, and 5150.7 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 is
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. 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.
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.
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.
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.
(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:
(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.
(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.
(n)
(p) "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.
(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.
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
5160, subdivision (k) of Section 1317.1 of the Health
and Safety Code, that is beyond its capability, the
designated 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 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.
SEC. 3. Section 5150 of the Welfare and
Institutions Code is amended to read:
5150. (a) (1) 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.
(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.
(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.
SEC. 6. SEC. 4. Section 5150.3 is
added to the Welfare and Institutions Code, to read:
5150.3. (a) An application for detention for evaluation and
treatment treatment, as described in
subdivision (e) of Section 5150, 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 designated professional is in a
location other than a designated facility or nondesignated
hospital, a hospital that is not a designated
facility, 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, hospital
that is not a designated facility, 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
5164 hospital 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 5151 or 5164,
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.
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.
SEC. 5. Section 5150.7 is added to the
Welfare and Institutions Code , to read:
5150.7. (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.