Today's Law As Amended


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AB-1443 Mental health: involuntary treatment.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 5121 of the Welfare and Institutions Code is amended to read:

5121.
 (a)  The county behavioral health director may develop procedures for the county’s designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may include, but are not limited to, the following:
(a) (1)  The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(b) (2)  The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(c) (3)  The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(d) (4)  The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b) A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c) If a county behavioral health director denies or revokes an individual’s designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d) Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e) If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1) The City of Sacramento submits a written request to the county behavioral health director.
(2) The individuals meet the requirements for designation included in the policy.
(3) If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.

SEC. 2.

 Section 5154 of the Welfare and Institutions Code is amended to read:

5154.
 (a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, his or her  their  designee, the medical director of the facility or his or her  their  designee described in Section 5152, 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 the end of 72 hours pursuant to this article.
(b) The professional person in charge of the facility providing 72-hour treatment and evaluation, his or her  their  designee, the medical director of the facility or his or her  their  designee described in Section 5152, 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 72 hours pursuant to this article.
(c) 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 hours pursuant to this article.
(d) A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article.
(d) (e)  The amendments to this section made by Assembly Bill 348 of the 2003–04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
SEC. 3.
 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine if requiring a written policy to designate individuals to perform functions under Section 5150 of the Welfare and Institutions Code, and if requiring a county to designate employees of a municipality within that county to perform those functions, is necessary on a statewide basis.
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.