Existing law provides for up to 14 days of intensive treatment for a mental disorder or impairment by chronic alcoholism for a person who has been involuntarily committed and received an evaluation that meets certain specified criteria. Under existing law, before a person may be certified for a 14-day intensive treatment program, he or she is entitled to a certification review hearing conducted by a court-appointed commissioner or referee, or a certification review hearing officer. Existing law requires the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided.

Under existing law, upon the completion of a 14-day period of intensive treatment, a person may be certified for an additional period of not more than 30 days of intensive treatment if the professional staff of the agency or facility treating the person has found that the person remains gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, and he or she remains unwilling or unable to accept treatment voluntarily. Existing law requires a person certified for an additional 30 days of treatment pursuant to these provisions to be provided a certification review hearing, as specified, unless a judicial review is requested.

This bill would require the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing for the additional 30 days of treatment, except as specified. The bill would make related technical, nonsubstantive changes.

Existing law provides for up to 14 days of intensive treatment for a mental disorder or impairment by chronic alcoholism for a person who has been involuntarily committed and received an evaluation that meets certain specified criteria. Under existing law, before a person may be certified for a 14-day intensive treatment program, he or she is entitled to a certification review hearing conducted by a court-appointed commissioner or referee, or a certification review hearing officer. Existing law requires the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided.

Under existing law, upon the completion of a 14-day period of intensive treatment, a person may be certified for an additional period of not more than 30 days of intensive treatment if the professional staff of the agency or facility treating the person has found that the person remains gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, and he or she remains unwilling or unable to accept treatment voluntarily. Existing law requires a person certified for an additional 30 days of treatment pursuant to these provisions to be provided a certification review hearing, as specified, unless a judicial review is requested.

This bill would require the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing for the additional 30 days of treatment, except as specified. The bill would make related technical, nonsubstantive changes.

Existing law provides for up to 14 days of intensive treatment for a mental disorder or impairment by chronic alcoholism for a person who has been involuntarily committed and received an evaluation that meets certain specified criteria. Under existing law, before a person may be certified for a 14-day intensive treatment program, he or she is entitled to a certification review hearing conducted by a court-appointed commissioner or referee, or a certification review hearing officer. Existing law requires the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided.

Existing law provides for up to 14 days of intensive treatment for a mental disorder or impairment by chronic alcoholism for a person who has been involuntarily committed and received an evaluation that meets certain specified criteria. Under existing law, before a person may be certified for a 14-day intensive treatment program, he or she is entitled to a certification review hearing conducted by a court-appointed commissioner or referee, or a certification review hearing officer. Existing law requires the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided.

This bill would require the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing.

Existing law provides for a 2nd 14-day period of intensive treatment for a person who, as a result of a mental disorder or impairment by chronic alcoholism, threatened or attempted to take his or her own life or who was detained for evaluation and treatment because he or she threatened or attempted to take his or her own life and who continues to present an imminent threat of taking his or her own life, as specified.

The bill would make technical, nonsubstantive changes to the above provision.

Date of Hearing: July 19, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 565

Author:(Portantino) – As Amended Ver:March 23, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires a mental health facility to make reasonable attempts to notify family members, or any other person designated by the patient, of the time and place of the certification hearing at least 36 hours prior to a certification review hearing for involuntary mental health hold for an additional period, unless the patient requests that this information not be provided.

FISCAL EFFECT:

Negligible state fiscal effect.

COMMENTS:

1. Purpose. According to the author, encouraging a reasonable attempt to contact and include a family member’s or designated person’s comments during the evaluation process allows doctors and health care professionals to be better equipped to make evaluations in the best interest of their patients. This bill is supported by Disability Rights California, National Alliance on Mental Illness California, and behavioral health providers, and has no opposition.
2. Background. The Lanterman-Petris-Short (LPS) Act allows peace officers and other specified persons to take an individual into custody and place him or her in a facility for 72-hour evaluation and treatment if they believe that, due to a mental disorder, the individual is a danger to himself, herself, or others, or is gravely disabled—i.e., unable to provide for basic personal needs for food, clothing, or shelter due to a mental disability. Under the LPS Act, a person so detained can be certified for intensive treatment and detained for an additional 14 days, under specified conditions. Upon completion of this 14-day treatment period, the person may again be certified for an additional period of not more than 30 days of intensive treatment, under specified conditions and pursuant to a certification hearing. This bill adds a requirement to notify family members of the time and place of that hearing.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: June 27, 2017

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

SBPCA Bill Id:SB 565

Author:(Portantino) – As Amended Ver:March 23, 2017

SENATE VOTE: 37-0

SUBJECT: Mental health: involuntary commitment.

SUMMARY: Requires a mental health facility, prior to a certification review hearing to extend intensive mental health treatment services to 30-days, to make reasonable attempts to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing. Requires the notice to include the time and place of the certification review hearing, unless the patient requests that this information not be provided, and requires the facility to advise the patient that he or she has the right to request that this information not be provided.

EXISTING LAW:

1. Establishes the Lanterman-Petris Short (LPS) Act, which authorizes a person to be involuntarily detained for a period of up to 72 hours for assessment, evaluation, and crisis intervention, when, as a result of a mental disorder, the person is a danger to himself or herself or to others, or is “gravely disabled,” commonly referred to as a “5150 hold.” Defines “gravely disabled” to mean a condition in which a person, as a result of a mental disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter.
2. Allows, under the LPS Act, a person who is gravely disabled to be certified for intensive treatment and involuntarily detained for further inpatient intensive mental health treatment for an additional 14 days, under the following conditions:
   1. The professional staff of the agency or facility providing evaluation services has analyzed the person’s condition and has found the person is a danger to others, or to himself or herself, or gravely disabled;
   2. The facility providing intensive treatment is designated by a county to provide intensive treatment, and agrees to admit the person and prohibits a facility from being designated to provide intensive treatment unless it complies with the certification review hearing, as specified;
   3. The person has been advised of the need for, but has not been willing or able to accept, treatment on a voluntary basis.
3. Permits, if after a period of 14 days an individual is still gravely disabled, a person to be held for another period of 14 days, be placed on a 30-day hold for additional intensive treatment, or be placed under temporary LPS Conservatorship, as specified.
4. Requires, for a person to be certified for intensive treatment, a notice of certification to be signed by two people.
5. Allows, under the LPS Act, a court to order an imminently dangerous person to be confined for further inpatient intensive health treatment for an additional 180 days, as provided.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, it is vital we improve patient care and possibly save lives by enacting a modest and reasonable notice requirement. Encouraging a reasonable attempt to contact and include a family member’s or designated person’s comments during the evaluation process allows doctors and health care professionals to be better equipped to make evaluations in the best interest of their patients. Having a time certain for such an evaluation allows the family members or designated person time to be at the hearing and the opportunity to add information germane to that evaluation.
2. BACKGROUND. The LPS Act, enacted in the 1960s, was intended to balance the goals of maintaining the constitutional right to personal liberty and choice in mental health treatment, while protecting public safety when an individual may be a danger to oneself or others or is gravely disabled. At the time of its enactment, the LPS Act was considered progressive because it afforded the mentally disordered more legal rights than most other states. Since its passage in 1967, the law has continued to evolve toward greater legal rights for mentally disordered persons. Welfare and Institutions Code (WIC) Section 5150 of the LPS Act allows peace officers, staff-members of county-designated evaluation facilities, or other county-designated professional persons, to take an individual into custody and place him or her in a facility for 72-hour treatment and evaluation if the individual is a danger to himself, herself, or others, or is gravely disabled due to a mental disorder. If it is determined an individual is still gravely disabled after the initial 72-hour hold, an additional intensive treatment for a 14-day period may be authorized. This 14-day period can be re-extended, or an individual can continue to be held for an additional 30 days.
   1. Certification for intensive treatment. Under current law, people with mental health disorders or chronic alcoholism who have been detained for 72 hours and have received an evaluation, as specified, may be certified for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism under certain conditions, including: i) the person has been found to be a danger to self or others, or is gravely disabled; ii) the facility providing intensive treatment is designated by the county, as specified; and, iii) the person has been advised of the need for, but is unwilling or unable to accept, treatment on a voluntary basis. A notice of certification is required for all persons certified for intensive treatment, and a copy of the notice for certification is required to be personally delivered to the person certified, the person’s attorney, or the attorney or advocate, as specified. The person certified is also asked to designate any person who is to be sent a copy of the certification notice. If the person is incapable of making a designation at the time of certification, he or she is asked to make the designation as soon as he or she is capable.
   2. Certification review hearing. Current law requires a certification review hearing when a patient is certified for intensive treatment, unless judicial review has been requested, as specified, within four days of the date on which the patient was certified. The hearing is conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, which can be either a state-qualified administrative law hearing officer, physician and surgeon, licensed psychologist, registered nurse, lawyer, certified law student, licensed clinical social worker (LCSW), licensed marriage and family therapist (LMFT), or licensed professional clinical counselor (LFCC), as specified. A patient who has been certified to need intensive treatment is required to be present at the hearing, unless he or she waives that right. Mental health facilities are required to make reasonable attempts to notify a patient’s family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided. Mental health facilities are required to advise a patient being treated of his or her right to request information not be provided. Counties indicate that hearings are generally held on specified days and that the mental health facility sets the time, notifies key contacts, and conducts the hearings at the facility.
3. SUPPORT. Disability Rights California states that providing a time period for notification ensures that a person who is notified can arrange to be at the hearing, and since the person receiving the notice may be important to the patient to attend; this bill makes sure the person will know the details of the hearing. NAMI California states that health facilities should make reasonable attempts to inform and provide exact date and time of certification review hearings granted patient permission.
4. RELATED LEGISLATION.
   1. AB 191 (Wood) authorizes a LMFT or a LPCC to be the second person to sign a notice of certification to hold a person involuntarily for an extended 14 days or 30 days, after an initial 72 hour hold, as specified. AB 191 is pending on the Senate Floor.
   2. AB 1372 (Levine) permits a certified crisis stabilization unit, as specified, to provide medically necessary crisis stabilization services to individuals beyond the service time of 24 hours, as required in current law, in cases where an individual needs inpatient psychiatric care or outpatient care, and inpatient psychiatric beds or outpatient services are not reasonably available. AB 1372 is pending in the Senate Appropriations Committee.
5. PREVIOUS LEGISLATION.
   1. AB 1300 (Ridley-Thomas) of 2016 would have allowed an emergency physician or psychiatric professional, who is not a county-designated professional person, as specified, to detain a person who is a danger to self or others, or is gravely disabled, for up to 72 hours for evaluation and treatment, as specified. AB 1300 was held in the Senate Rules Committee.
   2. AB 1194 (Eggman), Chapter 570, Statutes of 2015, requires, for purposes of determining whether a person is a danger to self or others, an individual making that determination to consider available relevant information about the historical course of the person’s mental disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual must not be limited to consideration of the danger of imminent harm.
   3. AB 428 (Eggman), Chapter 379, Statutes of 2014, authorizes certain coursework requirements for licensure as a LMFT and LCSW to be completed through continuing education instead of formal classroom training, as specified.
   4. AB 348 (Chu), Chapter 94, Statutes of 2003, allows a psychologist to authorize release of a person from an involuntary hold prior to the end of the holding period if the psychologist is in a collaborative treatment relationship with a psychiatrist and both the psychologist and the psychiatrist have examined the patient and consulted with one another.

REGISTERED SUPPORT / OPPOSITION:

Support

California Council of Community Behavioral Health Agencies

Disability Rights California

National Alliance on Mental Illness California

Opposition

None on file.

Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097

 THIRD READING  

Bill No: SB 565

Author:

:

Vote:

SENATE HEALTH COMMITTEE: 7-0, 3/29/17

AYES: Hernandez, Nguyen, Leyva, Mitchell, Monning, Newman, Nielsen

NO VOTE RECORDED: Atkins, Roth

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST: This bill requires mental health facilities, prior to a certification review hearing for an additional up to 30 days of intensive treatment for a patient, to notify family members or any other person designated by a patient at least 36 hours prior to the certification review hearing.

ANALYSIS:

Existing law:

1. Establishes the Lanterman-Petris-Short (LPS) Act and declares the intent of the Legislature to end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, as well as to safeguard a person’s rights, provide prompt evaluation and treatment, and provide services in the least restrictive setting appropriate to the needs of each person.
2. Authorizes a peace officer, member of the attending staff of a facility designated by the county for evaluation and treatment (designated facility), member of the attending staff of a designated facility, or other professional person designated by the county, upon probable cause, to take a person with a mental health disorder who is a danger to self or others, or is gravely disabled, into custody (a “5150” hold) and place him or her in a designated facility.
3. Requires facilities, for the purposes of detaining a person for up to 72-hour treatment and evaluation, to be designated by a county and approved by the Department of Health Care Services (DHCS).
4. Provides for up to 14 days of intensive treatment of a person with a mental health disorder or chronic alcoholism who is a danger to self or others, or is gravely disabled, if the person is certified as needing intensive treatment and it is determined during a certification review hearing that the person needs intensive treatment, as specified.
5. Requires a mental health facility to make reasonable attempts to notify family members or any other person designated by a patient of the time and place of the certification hearing, unless the patient requests that this information not be provided. Requires mental health facilities treating a patient to notify him or her of the right to request information not be provided.
6. Allows for a patient, upon the completion of the 14 days of intensive treatment, to be certified for an additional period of intensive treatment of not more than 30 days, as specified, and requires a mental health facility to comply with the requirements in 5) above.

This bill requires mental health facilities, prior to the certification review hearing for the additional up to 30 days of intensive treatment, to notify family members or any other person designated by a patient at least 36 hours prior to the certification review hearing.

Background

1. The LPS Act was enacted to develop a statutory process under which individuals could be involuntarily held and treated in a county-designated facility in a manner that safeguards their constitutional rights. The LPS Act was intended to balance the goals of maintaining the constitutional right to personal liberty and choice in mental health treatment. The LPS Act imposes strict conditions relating to the detention, assessment, and treatment of a person who is detained. SB 364 (Steinberg, Chapter 567, Statues of 2014) made several changes to the LPS Act regarding involuntary commitment that ensured clarity and consistency in the 5150 process to enable people with a mental health disorder or chronic alcoholism to obtain assessment, referral, and treatment as appropriate in the least restrictive setting as possible; broadened the types of facilities a county can designate for 5150 purposes; and encouraged counties to provide training of personnel authorized to write and release 5150 holds. Further, it restructured and recast several provisions of the 5150 process to more clearly articulate the sequencing of events throughout the 5150 process. A reference to the Children’s Civil Commitment and Mental Health Treatment Act of 1988 was also added since people detained under 5150 should also generally apply to children who are detained.
2. Certification for intensive treatment. Under current law, people with mental health disorders or chronic alcoholism who have been detained for 72 hours and have received an evaluation, as specified, may be certified for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism under certain conditions, including: a) the person has been found to be a danger to self or others, or is gravely disabled; b) the facility providing intensive treatment is designated by the county, as specified; and c) the person has been advised of the need for, but is unwilling or unable to accept, treatment on a voluntary basis. A notice of certification is required for all persons certified for intensive treatment, and a copy of the notice for certification is required to be personally delivered to the person certified, the person’s attorney, or the attorney or advocate, as specified. The person certified is also asked to designate any person who is to be sent a copy of the certification notice. If the person is incapable of making a designation at the time of certification, he or she is asked to make the designation as soon as he or she is capable.
3. Certification review hearing. Current law requires a certification review hearing when a patient is certified for intensive treatment, unless judicial review has been requested, as specified, within four days of the date on which the patient was certified. The hearing is conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, which can be either a state-qualified administrative law hearing officer, physician and surgeon, licensed psychologist, registered nurse, lawyer, certified law student, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor, as specified. A patient who has been certified to need intensive treatment is required to be present at the hearing, unless he or she waives that right. Mental health facilities are required to make reasonable attempts to notify a patient’s family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided. Mental health facilities are required to advise a patient being treated of his or her right to request information not be provided. Counties indicate that hearings are generally held on specified days and that the mental health facility sets the time, notifies key contacts, and conducts the hearings at the facility.

Comments

Author’s statement. According to the author, who had a personal experience with this issue, it is vital to improve patient care and possibly save lives by enacting a modest and reasonable notice requirement. Encouraging a reasonable attempt to contact and include a family member or designated person’s comments during the evaluation process allows doctors and health care professionals to be better equipped to make evaluations in the best interest of their patients. Having a time certain for such an evaluation allows the family member or designated persons time to be at the hearing and the opportunity to add information germane to that evaluation.

Related/Prior Legislation

AB 191 (Wood, 2017) expands the list of professionals who are authorized to sign the notice of certification to include a licensed marriage and family therapist and a licensed professional clinical counselor, under specified circumstances. AB 191 is pending referral in the Senate Rules Committee.

AB 1194 (Eggman, Chapter 570, Statutes of 2015) requires, for purposes of determining whether a person is a danger to self or others, an individual making that determination to consider available relevant information about the historical course of the person’s mental health disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual shall not be limited to consideration of the danger of imminent harm.

AB 1424 (Thomson, Chapter 506, Statutes of 2001) makes various changes to the LPS Act to increase the involvement of family members in commitment hearings for the mentally ill; requires more use of a patient's medical and psychiatric records in these hearings; and prohibits health plans and insurers from using the commitment status of a mentally ill person to determine eligibility for claim reimbursement.

SB 677 (Lanterman, Petris, and Short, Chapter 1667, Statutes of 1967) enacts the LPS Act, which governs involuntary civil commitment for individuals with mental health disorders and chronic alcoholism, with the intent to end inappropriate, indefinite, and involuntary commitment and provide for prompt evaluation and treatment.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/19/17)

Disability Rights California

NAMI California

OPPOSITION: (Verified 4/19/17)

None received

ARGUMENTS IN SUPPORT: Disability Rights California states that providing a time period for notification ensures that a person who is notified can arrange to be at the hearing, and since the person receiving the notice may be important to the patient to attend, this bill makes sure the person will know about the hearing. NAMI California states that health facilities should make reasonable attempts to inform and provide exact date and time of certification review hearings granted patient permission.

Prepared by:

4/19/17 14:10:28

**** END ****

SENATE COMMITTEE ON HEALTH

Senator Ed Hernandez, O.D., Chair

BILL NO: SB 565

SUBJECT: Mental health: involuntary commitment

SUMMARY:

Requires mental health facilities, prior to a certification review hearing for an additional up to 30 days of intensive treatment for a patient, to notify family members or any other person designated by a patient at least 36 hours prior to the certification review hearing.

Existing law:

1. Establishes the Lanterman-Petris-Short (LPS) Act and declares the intent of the Legislature to end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, as well as to safeguard a person’s rights, provide prompt evaluation and treatment, and provide services in the least restrictive setting appropriate to the needs of each person.
2. Authorizes a peace officer, member of the attending staff of a facility designated by the county for evaluation and treatment (“designated facility”), member of the attending staff of a designated facility, or other professional person designated by the county, upon probable cause, to take a person with a mental health disorder who is a danger to self or others, or is gravely disabled, into custody (a “5150” hold) and place him or her in a designated facility.
3. Requires facilities, for the purposes of detaining a person for up to 72-hour treatment and evaluation, to be designated by a county and approved by the Department of Health Care Services (DHCS).
4. Provides for up to 14 days of intensive treatment of a person with a mental health disorder or chronic alcoholism who is a danger to self or others, or is gravely disabled, if the person is certified as needing intensive treatment and it is determined during a certification review hearing that the person needs intensive treatment, as specified.
5. Requires a mental health facility to make reasonable attempts to notify family members or any other person designated by a patient of the time and place of the certification hearing, unless the patient requests that this information not be provided. Requires mental health facilities treating a patient to notify him or her of the right to request information not be provided.
6. Allows for a patient, upon the completion of the 14 days of intensive treatment, to be certified for an additional period of intensive treatment of not more than 30 days, as specified, and requires a mental health facility to comply with the requirements in 5) above.

This bill: Requires mental health facilities, prior to the certification review hearing for the additional up to 30 days of intensive treatment, to notify family members or any other person designated by a patient at least 36 hours prior to the certification review hearing.

FISCAL EFFECT:

This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. Author’s statement. According to the author, who had a personal experience with this issue, it is vital to improve patient care and possibly save lives by enacting a modest and reasonable notice requirement. Encouraging a reasonable attempt to contact and include a family member or designated person’s comments during the evaluation process allows doctors and health care professionals to be better equipped to make evaluations in the best interest of their patients. Having a time certain for such an evaluation allows the family member or designated persons time to be at the hearing and the opportunity to add information germane to that evaluation.
2. Background. The LPS Act was enacted to develop a statutory process under which individuals could be involuntarily held and treated in a county-designated facility in a manner that safeguards their constitutional rights. The LPS Act was intended to balance the goals of maintaining the constitutional right to personal liberty and choice in mental health treatment. The LPS Act imposes strict conditions relating to the detention, assessment, and treatment of a person who is detained. SB 364 (Steinberg, Chapter 567, Statues of 2014), made several changes to the LPS Act regarding involuntary commitment that ensured clarity and consistency in the 5150 process to enable people with a mental health disorder or chronic alcoholism to obtain assessment, referral, and treatment as appropriate in the least restrictive setting as possible; broadened the types of facilities a county can designate for 5150 purposes; and encouraged counties to provide training of personnel authorized to write and release 5150 holds. Further, it restructured and recast several provisions of the 5150 process to more clearly articulate the sequencing of events throughout the 5150 process. A reference to the Children’s Civil Commitment and Mental Health Treatment Act of 1988 was also added since people detained under 5150 should also generally apply to children who are detained.
3. Certification for intensive treatment. Under current law, people with mental health disorders or chronic alcoholism who have been detained for 72 hours and have received an evaluation, as specified, may be certified for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism under certain conditions, including: a) the person has been found to be a danger to self or others, or is gravely disabled; b) the facility providing intensive treatment is designated by the county, as specified; and c) the person has been advised of the need for, but is unwilling or unable to accept, treatment on a voluntary basis. A notice of certification is required for all persons certified for intensive treatment, and a copy of the notice for certification is required to be personally delivered to the person certified, the person’s attorney, or the attorney or advocate, as specified. The person certified is also asked to designate any person who is to be sent a copy of the certification notice. If the person is incapable of making a designation at the time of certification, he or she is asked to make the designation as soon as he or she is capable.
4. Certification review hearing. Current law requires a certification review hearing when a patient is certified for intensive treatment, unless judicial review has been requested, as specified, within four days of the date on which the patient was certified. The hearing is conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, which can be either a state-qualified administrative law hearing officer, physician and surgeon, licensed psychologist, registered nurse, lawyer, certified law student, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor, as specified. A patient who has been certified to need intensive treatment is required to be present at the hearing, unless he or she waives that right. Mental health facilities are required to make reasonable attempts to notify a patient’s family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided. Mental health facilities are required to advise a patient being treated of his or her right to request information not be provided. Counties indicate that hearings are generally held on specified days and that the mental health facility sets the time, notifies key contacts, and conducts the hearings at the facility.
5. Related legislation. AB 191 (Wood) expands the list of professionals who are authorized to sign the notice of certification to include a licensed marriage and family therapist and a licensed professional clinical counselor, under specified circumstances. AB 191 passed out of the Assembly Health Committee on March 21, 2017, on a 15-0 vote.
6. Prior legislation. AB 1194 (Eggman, Chapter 570, Statutes of 2015) requires, for purposes of determining whether a person is a danger to self or others, an individual making that determination to consider available relevant information about the historical course of the person’s mental health disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual shall not be limited to consideration of the danger of imminent harm.

SB 364 (Steinberg, Chapter 567, Statues of 2014) made several changes to the LPS Act regarding involuntary commitment that ensured clarity and consistency in the 5150 process to enable people with a mental health disorder or chronic alcoholism to obtain assessment, referral, and treatment as appropriate in the least restrictive setting as possible; broadened the types of facilities a county can designate for 5150 purposes; and encouraged counties to provide training of personnel authorized to write and release 5150 holds.

AB 1424 (Thomson, Chapter 506, Statutes of 2001) makes various changes to the LPS Act to increase the involvement of family members in commitment hearings for the mentally ill; requires more use of a patient's medical and psychiatric records in these hearings; and prohibits health plans and insurers from using the commitment status of a mentally ill person to determine eligibility for claim reimbursement.

SB 677 (Lanterman, Petris, and Short, Chapter 1667, Statutes of 1967) enacts the LPS Act, which governs involuntary civil commitment for individuals with mental health disorders and chronic alcoholism, with the intent to end inappropriate, indefinite, and involuntary commitment and provide for prompt evaluation and treatment.

1. Support. Disability Rights California states that providing a time period for notification ensures that a person who is notified can arrange to be at the hearing, and since the person receiving the notice may be important to the patient to attend, this bill makes sure the person will know about the hearing. NAMI California states that health facilities should make reasonable attempts to inform and provide exact date and time of certification review hearings granted patient permission.

SUPPORT AND OPPOSITION:

Support: Disability Rights California

NAMI California

Oppose: None received

-- END --