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AB-1055 Publicly funded technology projects.(2019-2020)

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Date Published: 04/03/2019 09:00 PM
AB1055:v98#DOCUMENT

Amended  IN  Assembly  April 03, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1055

Introduced by Assembly Member Levine

February 21, 2019

An act to amend Section 5152 of the Welfare and Institutions Code, relating to mental health. add Chapter 13 (commencing with Section 4571) to Division 5 of Title 1 of the Government Code, relating to public projects.


LEGISLATIVE COUNSEL'S DIGEST


AB 1055, as amended, Levine. Mental health: involuntary commitment. Publicly funded technology projects.
Existing law imposes various requirements governing public works and public purchases, including, among other things, protection of infrastructure, preferences, emergency conservation, access to buildings, and contract requirements. The Ralph M. Brown Act requires that all meetings of the legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend.
This bill would require a public agency undertaking a publicly funded major technology project that is estimated to cost $100,000,000 or more to form an oversight committee subject to the Ralph M. Brown Act or the Bagley-Keene Open Meeting Act, as applicable, and to develop and use risk management plans throughout the course of the project. The bill would require the oversight committee to be composed of specified members selected by the public agency undertaking the project. The bill would require the oversight committee to act as the authority for critical decisions regarding the project and to have sufficient staff to support decisionmaking. By imposing new duties on local public agencies, the bill would create 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, 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.

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

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


SECTION 1.

 Chapter 13 (commencing with Section 4571) is added to Division 5 of Title 1 of the Government Code, to read:
CHAPTER  13. Publicly Funded Major Technology Projects

4571.
 (a) A public agency undertaking a publicly funded major technology project that is estimated to cost one hundred million dollars ($100,000,000) or more shall form an oversight committee subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), as applicable, and shall develop and use risk management plans throughout the course of the project.
(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:
(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.
(2) At least five members to support the ability of its members to conduct day-to-day business.
(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decisionmaking.

SEC. 2.

 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 5152 of the Welfare and Institutions Code is amended to read:
5152.

(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.