Amended
IN
Assembly
April 03, 2019 |
Introduced by Assembly Member Levine |
February 21, 2019 |
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 themself or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Social Services for up to 72 hours for evaluation and treatment. Existing law requires a person admitted to a facility for 72-hour treatment and evaluation under the act to receive an evaluation as soon as possible after admission and to receive whatever treatment and care the person’s condition requires for the full period that the person is held. Existing law requires that person to be released, referred for further care
and treatment on a voluntary basis, or certified for intensive treatment, or a conservator or temporary conservator shall be appointed pursuant to this part.
This bill would require a person who is released to also be referred for further care and treatment on a voluntary basis, and would require a psychiatrist, psychologist, or medical director approving the release, to, prior to that release, ensure that an initial outpatient appointment with a psychiatrist or psychologist within 5 business days of the release is scheduled.
(a)A person admitted to a facility for 72-hour treatment and evaluation pursuant to this article shall receive an evaluation as soon as possible after the person is admitted and shall receive whatever treatment and care
their condition requires for the full period that the person is held. The person shall be released before 72 hours have elapsed only if the psychiatrist directly responsible for the person’s treatment believes, as a result of the psychiatrist’s personal observations, that the person no longer requires evaluation or treatment. However, in those situations in which both a psychiatrist and psychologist have personally evaluated or examined a person who is placed under a 72-hour hold and there is a collaborative treatment relationship between the psychiatrist and psychologist, either the psychiatrist or psychologist may authorize the release of the person from the hold, but only after they have consulted with one another. In the event of a clinical or professional
disagreement regarding the early release of a person who has been placed under a 72-hour hold, the hold shall be maintained unless the facility’s medical director overrules the decision of the psychiatrist or psychologist opposing the release. Both the psychiatrist and psychologist shall enter their findings, concerns, or objections into the person’s medical record. If any other professional person who is authorized to release the person believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, the medical director shall appoint a designee who is a psychiatrist. If the matter
is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of the psychiatrist’s personal observations, that the person no longer requires evaluation or treatment.
(b)(1)A person who has been detained for evaluation and treatment shall be released and referred for further care and treatment on a voluntary basis, or certified for intensive
treatment, or a conservator or temporary conservator shall be appointed pursuant to this part as required.
(2)Prior to the release of a person to be referred for further care and treatment on a voluntary basis, the psychiatrist, psychologist, or medical director approving the release shall ensure that an initial outpatient appointment with a psychiatrist or psychologist within five business days of the person’s release is scheduled.
(c)(1)A person designated by the mental health facility shall give to any person who has been detained at
that facility for evaluation and treatment and who is receiving medication as a result of
their mental illness, as soon as possible after detention, written and oral information about the probable effects and possible side effects of the medication. The State Department of Health Care Services shall develop and promulgate written materials on the effects of medications, for use by county mental health programs as disseminated or as modified by the county mental health program, addressing the probable effects and the possible side effects of the medication. The following information shall be given orally to the patient:
(A)The nature of the mental illness, or behavior, that is the reason the medication is being given or
recommended.
(B)The likelihood of improving or not improving without the medication.
(C)Reasonable alternative treatments available.
(D)The name and type, frequency, amount, and method of dispensing the medication, and the probable length of time the medication will be taken.
(2)The fact that the information has or has not been given shall be indicated in the patient’s chart. If the information has not been given, the designated person shall document in the patient’s chart the justification for not providing the information. A failure to give information about the probable effects and possible side effects of the medication shall not
constitute new grounds for release.
(d)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.