Bill Text: CA AB2397 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Mental health: state hospitals: staff-to-patient ratios.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2397 Detail]

Download: California-2011-AB2397-Amended.html

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BILL NUMBER: AB 2397	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  APRIL 24, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 24, 2012

   An act to add and repeal Section 4140 of the Welfare and
Institutions Code, relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2397, as amended, Allen. Mental health: state hospitals:
ancillary clinical staff-to-patient ratios.
   Existing law provides for state hospitals for the care, treatment,
and education of mentally disordered persons. These hospitals are
under the jurisdiction of the State Department of Mental Health,
which is authorized by existing law to adopt regulations regarding
the conduct and management of these facilities.
   This bill would require  these state hospitals to have, at
a minimum, an ancillary clinical staff-to-patient ratio of 1 to 15
for admissions teams and 1 to 25 for all other teams, as specified,
for each applicable staff classification, based on the facility's
licensed bed capacity with a specified shift relief factor. The bill
would require  the department to reimburse an independent
entity to conduct a review and analysis of staffing ratios to
determine the appropriate levels for effective patient treatment, and
would require a report with findings to be submitted to the
Legislature by August 1, 2013.
   This bill would repeal these provisions on January 1, 2015.
   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 4140 is added to the Welfare and Institutions
Code, to read: 
   4140.  (a) A state hospital under the jurisdiction of the State
Department of Mental Health shall have, at a minimum, an ancillary
clinical staff-to-patient ratio of 1 to 15 for admissions teams and 1
to 25 for all other teams at any point in time for each applicable
staff classification.
   (b) The ancillary clinical staff-to-patient ratios shall be based
on the facility's licensed bed capacity with a shift relief factor of
0.2, as calculated by the State Department of Mental Health, to
reflect absences, such as those due to illness, vacation, and
training.
   (c) For the purposes of this section, "ancillary clinical staff"
means any of the following:
   (1) Treating psychiatrist.
   (2) Treating psychologist.
   (3) Treating rehabilitation therapist.
   (4) Treating social worker.
   (d) 
    4140.    (a)  (1) To the extent permitted by
the California Constitution and Section 19130 of the Government Code,
the State Department of Mental Health shall reimburse an independent
entity for the purposes of conducting a review and analysis of
staffing ratios to determine the appropriate levels for effective
patient treatment. The State Department of Mental Health shall
provide information to this entity as necessary for it to complete
its analysis and provide recommendations. It is the intent of the
Legislature that the State Department of Mental Health request the
independent entity to complete this analysis by March 1, 2013. A
report shall be submitted to the Legislature by August 1, 2013,
regarding the independent entity's findings to ensure state hospitals
are making progress and to enable the Legislature to consider
further action that may be necessary during the subsequent
legislative year.
   (2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
    (e) 
    (b)  This section shall remain in effect only until
January 1, 2015, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2015, deletes or
extends that date.