Amended in Assembly April 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2743

Introduced by Assembly Member Eggman

February 19, 2016

An act to add Article begin delete 3.7 end delete begin insert 7.1 end insert (commencing with Section begin delete 1289) end delete begin insert 1323.1) end insert to Chapter 2 of Division 2 of the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 2743, as amended, Eggman. Psychiatric bed registry.

Under existing law, the State Department of Public Health licenses and regulates health facilities, as defined. A violation of these provisions is a crime.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation.

begin delete

Beginning

end delete

begin insert On or before end insert July 1, 2017, this bill would require the department to establish and administer begin insert a pilot program to create end insert an Internet Web site-based electronic registry, known as the acute psychiatric bed registry, begin insert in specified counties, end insert to collect, aggregate, and display begin insert specified end insert information regarding the availability of acute psychiatric beds in begin insert psychiatric end insert health begin delete facilities end delete begin insert facilities, as defined, end insert to facilitate the identification and designation of health facilities for the temporary detention and treatment of individuals who meet specified criteria for temporary detention. The bill would require a begin insert psychiatric end insert health facility to, on or before July 1, 2017, designate an employee to submit to the registry notification that an acute psychiatric bed has become available at the begin insert psychiatric end insert health facility and to serve as the contact person to respond to requests for information related to data reported to the registry, as provided. begin insert The bill would require the department to submit specified reports to the Legislature regarding the registry and to make these reports available to the public and on its Internet Web site. end insert

This bill would provide that a violation of its provisions is not a begin delete crime under existing law. end delete begin insert crime. end insert begin insert The bill would repeal these provisions on January 1, 2022. 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.  

Article begin delete 3.7 end delete begin insert 7.1 end insert (commencing with Section begin delete 1289) end delete
begin insert 1323.1) end insert is added to Chapter 2 of Division 2 of the Health and
Safety Code, to read:

 

Article begin delete 3.7. end delete begin insert 7.1. end insert   Acute Psychiatric Bed Registry

 

begin delete 1289. end delete

begin insert 1323.1. end insert   

For purposes of this article, the following definitions
apply:

(a) “Designated employee” means the employee designated by
a begin insert psychiatric end insert health facility pursuant to subdivision (a) of Section

begin delete 1289.4. end delete begin insert 1323.3. end insert

begin insert

(b) “Psychiatric health facility” means an acute psychiatric
hospital as defined by subdivision (b) of Section 1250 and a
licensed health facility that provides a program certified by the
State Department of Health Care Services pursuant to Section
5909 of the Welfare and Institutions Code.

end insert begin delete

(b)

end delete

begin insert (c) end insert  “Registry” means the acute psychiatric bed registry
established pursuant to subdivision (a) begin insert of end insert Section begin delete 1289.2. end delete begin insert 1323.2. end insert

begin delete 1289.2 end delete

begin insert 1323.2. end insert   

(a)  begin insert (1) end insert begin insert   end insert On or before July 1, 2017, the department shall
establish begin insert a pilot program to create end insert an Internet Web site-based
electronic acute psychiatric bed registry to collect, aggregate, and
display information regarding the availability of acute psychiatric
beds in begin insert psychiatric end insert health facilities to facilitate the identification
and designation of begin insert psychiatric end insert health facilities having beds
available for the temporary detention and treatment of individuals
who require that level of care or who meet the criteria for
temporary detention under Section 5150 of the Welfare and
Institutions Code.

begin insert

(2) For purposes of this section, the pilot program shall be
administered in the Counties of Alameda, Contra Costa, Marin,
Napa, Santa Clara, San Joaquin, San Mateo, Solano, and Sonoma,
and the City and County of San Francisco.

end insert

(b) The department shall administer the operation of the registry.

(c) When the registry becomes operational, the department shall
notify each begin insert psychiatric end insert health facility that the registry is
operational.

begin insert

(d) The department shall include at least the following fields in
the registry to enable each psychiatric health facility to report and
update all of the following information:

end insert begin insert

(A) The contact information for the psychiatric health facility’s
designated employee.

end insert begin insert

(B) The license type of the facility.

end insert begin insert

(C) Whether the facility provides substance abuse treatment.

end insert begin insert

(D) Whether the facility provides medical treatment.

end insert begin insert

(E) Whether the available bed is secure.

end insert begin insert

(F) The types of diagnoses for which the available bed is
appropriate.

end insert

begin delete 1289.4. end delete

begin insert 1323.3. end insert   

(a) On or before July 1, 2017, a begin insert psychiatric end insert health
facility shall designate an employee who shall submit information
for inclusion in the begin delete acute psychiatric bed end delete registry and serve as the
contact person to respond to requests for information related to
data reported to the registry.

(b) On and after the date on which the department notifies a
begin insert psychiatric end insert health facility that the registry is operational pursuant
to subdivision (c) of Section begin delete 1289.2, end delete begin insert 1323.2, end insert the begin insert psychiatric end insert health
facility, through its designated begin delete employee pursuant to subdivision
(a), end delete begin insert employee, end insert shall submit to the registry notification that an acute
psychiatric bed has become available, upon the bed becoming
available, at the begin insert psychiatric end insert health facility.

begin insert

begin insert 1323.4. end insert   

(a) The department shall submit, in compliance with
Section 9795 of the Government code, an interim report to the
Legislature that details the department’s work to support the
electronic registry. The department shall make the report available
to the public and shall post the report on its Internet Web site.

(b) The department shall develop an evaluation plan to assess
the impact of the pilot program. The department, in compliance
with Section 9795 of the Government Code, shall submit a report
to the Legislature at the end of the fourth year of the pilot program
evaluating the impact of the pilot program and providing
recommendations for further implementation. The department
shall make the report available to the public and shall post the
report on its Internet Web site.

end insert

begin delete 1289.6. end delete

begin insert 1323.45. end insert   

Notwithstanding Article 4 (commencing with Section
1290), a violation of this article is not a crime.

begin insert

begin insert 1323.46. end insert   

This article shall remain in effect only until January
1, 2022, and as of that date is repealed.

end insert