Bill Text: CA AB2291 | 2021-2022 | Regular Session | Amended
Bill Title: Mental health services: involuntary treatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-19 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2291 Detail]
Download: California-2021-AB2291-Amended.html
Amended
IN
Assembly
March 24, 2022 |
Introduced by Assembly Member Muratsuchi |
February 16, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the State Department of Health Care Services to perform various functions with regard to the statewide delivery of mental health services, including, among other things, implementing a system of required performance reporting by local mental health programs.
This bill would make technical, nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5150 of the Welfare and Institutions Code is amended to read:5150.
(a) When a person, as a result of a mental health disorder, is a danger to others, or toMy 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. |
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)
_____
. |
SEC. 2.
Section 5152.1 of the Welfare and Institutions Code is amended to read:5152.1.
(a) (1) The professional person in charge of the facility providing 72-hour evaluation and treatment, or(a)
(b)
If
SEC. 3.
Section 5156 is added to the Welfare and Institutions Code, to read:5156.
(a) The facility providing 72-hour evaluation and treatment shall develop a continuity of care plan for the person.SEC. 4.
Section 5157 is added to the Welfare and Institutions Code, to read:5157.
(a) A county shall offer a person who is released from involuntary detention after receiving 72-hour evaluation and treatment pursuant to this article or intensive treatment pursuant to Article 4 (commencing with Section 5250) or Article 4.7 (commencing with Section 5270.10), and who is homeless, placement in a local crisis bed or recuperative care upon their release from the designated facility providing the involuntary treatment.SEC. 5.
Section 5250.1 of the Welfare and Institutions Code is amended to read:5250.1.
(a) (1) The professional person in charge of a facility providing intensive(a)
(b)
(c)
If
SEC. 6.
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.The State Department of Health Care Services shall, to the extent resources are available, do all of the following:
(a)Conduct, sponsor, coordinate, and disseminate the results of research and evaluation directed to the public policy issues entailed in the selection of resource utilization and service delivery in the state.
(b)Make available technical assistance to local mental health programs that incorporates the results of research, evaluation, and quality assurance to local mental health programs.
(c)Implement a system of required performance reporting by local mental health
programs.
(d)Perform any other activities useful to improving and maintaining the quality of community mental health programs.