Bill Text: CA AB3242 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mental health: involuntary commitment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-25 - Chaptered by Secretary of State - Chapter 149, Statutes of 2020. [AB3242 Detail]

Download: California-2019-AB3242-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3242

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Introduced by Assembly Member Irwin

February 21, 2020

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An act to amend Section 5003 of the Welfare and Institutions Code, relating to mental health. An act to amend Section 5113 of, and to add Sections 5150.5 and 5150.6 to, the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL'S DIGEST

AB 3242, as amended, Irwin. Mental health treatment. Mental health: involuntary commitment.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health 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 themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county for up to 72 hours for evaluation and treatment. Existing law requires specified county-designated individuals to assess a person to determine whether the person can be properly served without being detained. Existing law provides that a facility providing treatment, the superintendent of the facility, the professional person in charge of the facility and their 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 the person was admitted.

This bill would require the State Department of Health Care Services, on or before January 1, 2023, to develop a training program to designate professional persons at licensed general acute care hospitals and acute psychiatric hospitals to be able to perform that above-described assessment. The bill would, if a person, as described above, is taken to a licensed general acute care hospital or a licensed acute psychiatric hospital that is not a county-designated facility, require the county to provide an individual designated by the county to perform the assessment within 4 hours of the hospital’s notice to the county. If the county does not provide the individual to perform the assessment within that time, the bill would authorize the professional person in charge of the hospital, or their designee, to perform the assessment if they have completed the training program developed by the department. The bill would provide that if the assessment and other requirements have been performed, the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff of that facility, designated members of a mobile crisis team, professional person designated by the county, a professional person who has completed the above-described training program, or any of their designees, shall not be held civilly or criminally liable for detaining a person or for any action taken by a person released before the end of 72 hours. By requiring a higher level of service from county officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Existing law also specifies that the act does not limit the right of a person to voluntarily apply, at any time, to a public or private agency or practitioner for mental health services, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

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

5113.

 Except as provided in Sections 5150.6, 5154, 5173, 5259.3, 5267, and 5306, the facility providing treatment pursuant to Article 1 (commencing with Section 5150), Article 1.5 (commencing with Section 5170), Article 4 (commencing with Section 5250), Article 4.5 (commencing with Section 5260) 5260), or Article 6 (commencing with Section 5300), the superintendent of the facility, the professional person in charge of the facility and his or her their 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 the person was admitted pursuant to the provisions of the appropriate article.

SEC. 2.

 Section 5150.5 is added to the Welfare and Institutions Code, to read:

5150.5.

 (a) If a person described in subdivision (a) of Section 5150 is taken to a licensed general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a licensed acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, that is not a county-designated facility pursuant to Section 5150, the county shall provide an individual designated by the county to perform the assessment described in Section 5150 within four hours of the hospital’s notice to the county.

(b) Notwithstanding any other law, if the county does not provide an individual designated by the county to perform the assessment within four hours pursuant to subdivision (a), the professional person in charge of the hospital, or their designee, may perform the assessment described in Section 5150 if they have completed the training described in subdivision (c).

(c) On or before January 1, 2023, the State Department of Health Care Services shall develop a training program to designate professional persons at licensed general acute care hospitals and acute psychiatric hospitals to be able to perform the assessment described in Section 5150. Notwithstanding any other law, professional persons in charge of hospitals described in subdivision (a), or their designees, who complete the training developed by the department may perform the assessment described in Section 5150, as authorized in subdivision (b).

SEC. 3.

 Section 5150.6 is added to the Welfare and Institutions Code, to read:

5150.6.

 Notwithstanding Section 5113, if the requirements of Section 5150 have been met, the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff of that facility, designated members of a mobile crisis team, professional person designated by the county, a professional person who has completed the training described in Section 5150.5, or any of their designees, shall not be held civilly or criminally liable for detaining a person or for any action taken by a person released before the end of 72 hours pursuant to this article.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 5003 of the Welfare and Institutions Code is amended to read:

5003.

This part does not limit the right of a person to voluntarily apply, at any time, to a public or private agency or practitioner for mental health services, either by direct application in person, or by referral from another public or private agency or practitioner.