PART 1. THE LANTERMAN-PETRIS-SHORT ACT
Heading of Part 1 amended by Stats. 1968, Ch. 1374.
§§ 5000–5550 · 270 sections
CHAPTER 1. General Provisions §§ 5000–5122 · 30 sections
- § 5000 This part shall be known and may be cited as the Lanterman-Petris-Short Act.
- § 5001 The provisions of this part and Part 1.5 (commencing with Section 5585) shall be construed to promote the legislative intent as follows: (a) To end the…
- § 5002 (a) Persons with mental health disorders and persons impaired by chronic alcoholism may no longer be judicially committed. (b) Persons with mental health…
- § 5003 Nothing in this part shall be construed in any way as limiting the right of any person to make voluntary application at any time to any public or private…
- § 5004 Persons with mental health disorders and persons with developmental disabilities shall receive protection from criminal acts equal to that provided any other…
- § 5004.5 (a) Notwithstanding any other law, a legal guardian, conservator, or other person who reasonably believes a person with a mental health disorder or…
- § 5005 Unless specifically stated, a person complained against in any petition or proceeding initiated by virtue of the provisions of this part shall not forfeit any…
- § 5006 The provisions of this part shall not be construed to deny treatment by spiritual means through prayer in accordance with the tenets and practices of a…
- § 5007 Unless otherwise indicated, the provisions of this part shall not be construed to apply retroactively to terminate court commitments of mentally ill persons or…
- § 5008 Unless the context otherwise requires, the following definitions shall govern the construction of this part: (a) “Evaluation” consists of multidisciplinary…
- § 5008.1 As used in this division and in Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 6 (commencing with Section…
- § 5008.2 (a) When applying the definition of mental disorder for the purposes of Articles 2 (commencing with Section 5200), 4 (commencing with Section 5250), and 5…
- § 5009 Persons receiving evaluation or treatment under this part shall be given a choice of physician or other professional person providing such services, in…
- § 5010 The agency established in this state to fulfill the requirements and assurances of Section 142 of the federal Developmental Disabilities Act of 1984 for a…
- § 5012 The fact that a person has been taken into custody under this part may not be used in the determination of that person’s eligibility for payment or…
- § 5013 (a) It is the intent of the Legislature that referrals between facilities, providers, and other organizations shall be facilitated by the sharing of…
- § 5014 (a) To the extent otherwise permitted under state and federal law and consistent with the Mental Health Services Act, both of the following apply for purposes…
- § 5020.1 A minor with a mental health condition, between the ages of 3 and 18, upon being considered for release from a state hospital shall have an aftercare plan…
- § 5110 Whenever a proceeding is held in a superior court under Article 5 (commencing with Section 5275) or Article 6 (commencing with Section 5300) of this chapter or…
- § 5111 Any county without a public defender is authorized to compensate the attorneys appointed for persons entitled to be represented by counsel in proceedings under…
- § 5113 Except as provided in Sections 5154, 5173, 5259.3, 5267, and 5306, the facility providing treatment pursuant to Article 1 (commencing with Section 5150),…
- § 5114 At any judicial proceeding under the provisions of this division, allegations that the person is a danger to others, or to himself, or gravely disabled as a…
- § 5115 The Legislature hereby finds and declares: (a) It is the policy of this state, as declared and established in this section and in the Lanterman Developmental…
- § 5116 (a) Pursuant to the policy stated in Section 5115, a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer…
- § 5117 In order to further facilitate achieving the purposes of this act and the Lanterman Mental Retardation Act of 1969, it is desirable that there be a…
- § 5118 (a) For the purpose of conducting hearings under this part, the court in and for the county where the petition is filed may be convened at any time and place…
- § 5119 On and after July 1, 1972, when a person who is an employee of the State Department of Mental Health at the time of employment by a county in a county mental…
- § 5120 It is the policy of this state as declared and established in this act and in the Lanterman-Petris-Short Act that the care and treatment of individuals with a…
- § 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…
- § 5122 (a) For purposes of an opinion offered by an expert witness in a proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3…
CHAPTER 2. Involuntary Treatment §§ 5150–5349.1 · 169 sections
ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment §§ 5150–5155 · 13 sections
- § 5150 (a) When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person…
- § 5150.05 (a) When determining if probable cause exists to take a person into custody, or cause a person to be taken into custody, pursuant to Section 5150, a person who…
- § 5150.1 No peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall be instructed by…
- § 5150.2 In each county whenever a peace officer has transported a person to a designated facility for assessment under Section 5150, that officer shall be detained no…
- § 5150.4 “Assessment” for the purposes of this article, means the determination of whether a person shall be evaluated and treated pursuant to Section 5150.
- § 5150.5 (a) An examination or assessment pursuant to Section 5150 or 5151 may be conducted using telehealth. An examination or assessment provided pursuant to Section…
- § 5151 (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period…
- § 5152 (a) A person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon as possible…
- § 5152.1 The professional person in charge of the facility providing 72-hour evaluation and treatment, or his or her designee, shall notify the county behavioral health…
- § 5152.2 Each law enforcement agency within a county shall arrange with the county behavioral health director a method for giving prompt notification to peace officers…
- § 5153 Whenever possible, officers charged with apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles.
- § 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…
- § 5155 Nothing in this part shall be construed as granting authority to local entities to issue licenses supplementary to existing state and local licensing laws.
ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment §§ 5170–5176 · 12 sections
- § 5170 When any person is a danger to others, or to himself, or gravely disabled as a result of inebriation, a peace officer, member of the attending staff, as…
- § 5170.1 A 72-hour treatment and evaluation facility shall include one or more of the following: (1) A screening, evaluation, and referral facility which may be…
- § 5170.3 Such evaluation facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of…
- § 5170.5 Any person placed in an evaluation facility has, immediately after he is taken to an evaluation facility and except where physically impossible, no later than…
- § 5170.7 A person who requests to be released from the facility before 72 hours have elapsed shall be released only if the psychiatrist directly responsible for the…
- § 5171 (a) If the facility for 72-hour treatment and evaluation of individuals under the influence of alcohol admits the person, it may detain the individual for…
- § 5172 Each person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon after he or…
- § 5172.1 Any person who is a danger to others, or to himself, or gravely disabled as a result of inebriation, may voluntarily apply for admission to a 72-hour…
- § 5173 (a) Notwithstanding Section 5113, if the provisions of Section 5170.7 or 5172 have been met, the professional person in charge of the facility providing…
- § 5174 It is the intent of the Legislature (a) that facilities for 72-hour treatment and evaluation of inebriates be subject to state funding under Part 2 (commencing…
- § 5175 This article does not prevent a facility designated as a facility for 72-hour evaluation and treatment of individuals under the influence of alcohol from also…
- § 5176 (a) This article shall apply only to those counties wherein the board of supervisors has adopted a resolution stating that suitable facilities exist within the…
ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition §§ 5200–5213 · 13 sections
- § 5200 Any person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, may be given an evaluation of his…
- § 5201 Any individual may apply to the person or agency designated by the county for a petition alleging that there is in the county a person who is, as a result of…
- § 5202 The person or agency designated by the county shall prepare the petition and all other forms required in the proceeding, and shall be responsible for filing…
- § 5203 Any individual who seeks a petition for court-ordered evaluation knowing that the person for whom the petition is sought is not, as a result of mental…
- § 5204 The petition for a court-ordered evaluation shall contain the following: (a) The name and address of the petitioner and his interest in the case. (b) The name…
- § 5205 The petition shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of the State of…
- § 5206 Whenever it appears, by petition pursuant to this article, to the satisfaction of a judge of a superior court that a person is, as a result of mental disorder,…
- § 5207 The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of…
- § 5208 As promptly as possible, a copy of the petition and the order for evaluation shall be personally served on the person to be evaluated and the professional…
- § 5210 At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator…
- § 5211 The report of a patient’s property required by Section 5210 to be made by the person taking him into custody for evaluation shall be in substantially the…
- § 5212 Whenever possible, persons charged with service of orders and apprehension of persons pursuant to this article shall dress in plain clothes and travel in…
- § 5213 (a) If, upon evaluation, the person is found to be in need of treatment because the person is, as a result of a mental health disorder, a danger to self or…
ARTICLE 3. Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Use §§ 5225–5230 · 7 sections
- § 5225 Whenever a criminal defendant who appears, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs, to be a danger to others,…
- § 5226 Such a criminal defendant must be advised of his right to immediately continue with the criminal proceeding, and it is the duty of the judge to apprise the…
- § 5226.1 If a judge issues an order for evaluation under conditions set forth in this article, proceedings on the criminal charge then pending in the court from which…
- § 5227 The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of…
- § 5228 As promptly as possible, a copy of the order for evaluation shall be personally served on the person to be evaluated and the professional person in charge of…
- § 5229 At the time a person is ordered to undergo evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of…
- § 5230 If, upon evaluation, the person is found to be in need of treatment because he is, as a result of impairment by chronic alcoholism or the use of narcotics or…
ARTICLE 4. Certification for Intensive Treatment §§ 5250–5259.3 · 24 sections
- § 5250 If a person is detained for 72 hours under the provisions of Article 1 (commencing with Section 5150), or under court order for evaluation pursuant to Article…
- § 5250.1 The professional person in charge of a facility providing intensive treatment, pursuant to Section 5250 or 5270.15, or that person’s designee, shall notify the…
- § 5251 (a) For a person to be certified under this article, a notice of certification shall be signed by two people. (1) The first person shall be the professional…
- § 5252 A notice of certification is required for all persons certified for intensive treatment pursuant to Section 5250 or 5270.15, and shall be in substantially the…
- § 5253 A copy of the certification notice shall be personally delivered to the person certified, the person’s attorney, or the attorney or advocate designated in…
- § 5254 The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified that he or…
- § 5254.1 The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified of his or her…
- § 5255 As soon after the certification as practicable, an attorney or patient advocate shall meet with the person certified to discuss the commitment process and to…
- § 5256 (a) When a person is certified for intensive treatment pursuant to Section 5250 or 5270.15, a certification review hearing shall be held unless judicial review…
- § 5256.1 The certification review hearing shall be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer. The…
- § 5256.2 At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the…
- § 5256.3 The person certified shall be present at the certification review hearing unless he or she, with the assistance of his or her attorney or advocate, waives his…
- § 5256.4 (a) At the certification review hearing, the person certified shall have the following rights: (1) Assistance by an attorney or advocate. (2) To present…
- § 5256.5 If at the conclusion of the certification review hearing the person conducting the hearing finds that there is not probable cause to believe that the person…
- § 5256.6 If at the conclusion of the certification review hearing the person conducting the hearing finds that there is probable cause that the person certified is, as…
- § 5256.7 The person certified shall be given oral notification of the decision at the conclusion of the certification review hearing. As soon thereafter as is…
- § 5256.8 The requirement that there is a certification review hearing in accordance with this article shall apply only to persons certified for intensive treatment on…
- § 5257 (a) During the period of intensive treatment pursuant to Section 5250 or 5270.15, the person’s involuntary detention shall be terminated and the person shall…
- § 5257.5 (a) A care coordination plan shall be developed by, at a minimum, the individual, the facility, the county behavioral health department, the health care payer,…
- § 5258 After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, shall not exceed the total…
- § 5259 Nothing in this article shall prohibit the professional person in charge of a treatment facility, or his or her designee, from permitting a person certified…
- § 5259.1 Any individual who is knowingly and willfully responsible for detaining a person in violation of the provisions of this article is liable to that person in…
- § 5259.2 Whenever a county designates two or more facilities to provide treatment, and the person to be treated, his or her family, conservator, or guardian expresses a…
- § 5259.3 (a) Notwithstanding Section 5113, if the provisions of Section 5257 have been met, the professional person in charge of the facility providing intensive…
ARTICLE 4.5. Additional Intensive Treatment of Suicidal Persons §§ 5260–5268 · 9 sections
- § 5260 At the expiration of the 14-day period of intensive treatment any person who, as a result of mental disorder or impairment by chronic alcoholism, during the…
- § 5261 (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility…
- § 5262 A second notice of certification for imminently suicidal persons is required for all involuntary 14-day intensive treatment, pursuant to this article, and…
- § 5263 Copies of the second notice of certification for imminently suicidal persons, as set forth in Section 5262, shall be filed with the court and personally…
- § 5264 (a) A certification for imminently suicidal persons shall be for no more than 14 days of intensive treatment, and shall terminate only as soon as the…
- § 5265 Any individual who is knowingly and willfully responsible for detaining a person for more than 14 days in violation of the provisions of Section 5264 is liable…
- § 5266 Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his family, conservator or guardian expresses…
- § 5267 (a) Notwithstanding Section 5113, if the provisions of Section 5264 have been met, the professional person in charge of the facility providing intensive…
- § 5268 Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or his designee, from permitting a person…
ARTICLE 4.7. Additional Intensive Treatment §§ 5270.10–5270.70 · 13 sections
- § 5270.10 It is the intent of the Legislature to reduce the number of gravely disabled persons for whom conservatorship petitions are filed and who are placed under the…
- § 5270.12 This article shall be operative only in those counties in which the county board of supervisors, by resolution, authorizes its application and, by resolution,…
- § 5270.15 (a) Upon the completion of a 14-day period of intensive treatment pursuant to Section 5250, the person may be certified for an additional period of not more…
- § 5270.20 (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility…
- § 5270.25 A second notice of certification is required for all involuntary intensive treatment, pursuant to this article, and shall be in substantially the form…
- § 5270.30 Copies of the second notice of certification as set forth in Section 5270.25, shall be filed with the court and personally delivered to the person certified. A…
- § 5270.35 (a) A certification pursuant to this article shall be for no more than 30 days of intensive treatment, and shall terminate only as soon as the psychiatrist…
- § 5270.40 Any individual who is knowingly and willfully responsible for detaining a person for more than 30 days in violation of the provisions of Section 5270.35 is…
- § 5270.45 Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his or her family, conservator, or guardian…
- § 5270.50 (a) Notwithstanding Section 5113, if the provisions of Section 5270.35 have been met, the professional person in charge of the facility providing intensive…
- § 5270.55 (a) Whenever it is contemplated that a gravely disabled person may need to be detained beyond the end of the 14-day period of intensive treatment and prior to…
- § 5270.65 Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or a designee, from permitting a person certified…
- § 5270.70 (a) If, after 15 days of the 30-day period of intensive treatment pursuant to this article, but at least 7 days before expiration of the 30 days, the…
ARTICLE 5. Judicial Review §§ 5275–5278 · 6 sections
- § 5275 Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their…
- § 5276 Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the…
- § 5276.1 The person requesting release may, upon advice of counsel, waive the presence at the evidentiary hearing of the physician, licensed psychologist who meets the…
- § 5276.2 In the event that the person, or anyone acting on his or her behalf, withdraws the request for judicial review, a certification review hearing shall be held…
- § 5277 A finding under Section 5276 shall not be admissible in evidence in any civil or criminal proceeding without the consent of the person who was the subject of…
- § 5278 Individuals authorized under this part to detain a person for 72-hour treatment and evaluation pursuant to Article 1 (commencing with Section 5150) or Article…
ARTICLE 6. Postcertification Procedures for Imminently Dangerous Persons §§ 5300–5309 · 13 sections
- § 5300 (a) At the expiration of the 14-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this article…
- § 5300.5 For purposes of this article: (a) “Custody” shall be construed to mean involuntary detainment under the provisions of this part uninterrupted by any period of…
- § 5301 (a) At any time during the 14-day intensive treatment period the professional person in charge of the licensed health facility, or his or her designee, may ask…
- § 5302 At the time of filing of a petition for postcertification treatment the court shall advise the person named in the petition of his right to be represented by…
- § 5303 The court shall conduct the proceedings on the petition for postcertification treatment within four judicial days of the filing of the petition and in…
- § 5303.1 For the purposes of any hearing or jury trial held pursuant to this article, the judge of the court in which such hearing or trial is held may appoint a…
- § 5304 (a) The court shall remand a person named in the petition for postcertification treatment to the custody of the State Department of State Hospitals or to a…
- § 5305 (a) Any person committed pursuant to Section 5300 may be placed on outpatient status if all of the following conditions are satisfied: (1) In the evaluation of…
- § 5306 (a) Notwithstanding Section 5113, if the provisions of Section 5309 have been met, the superintendent, the professional person in charge of the hospital…
- § 5306.5 (a) If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person receiving treatment requires extended…
- § 5307 If at any time during the outpatient period the public officer, pursuant to Section 5114, is of the opinion that the person is a danger to the health and…
- § 5308 Upon the filing of a request for revocation of outpatient status under Section 5306.5 or 5307 and pending the court’s decision on revocation, the person…
- § 5309 (a) Nothing in this article shall prohibit the superintendent or professional person in charge of the hospital in which the person is being involuntarily…
ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained §§ 5325–5337 · 47 sections
- § 5325 Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric…
- § 5325.1 Persons with mental illness have the same legal rights and responsibilities guaranteed all other persons by the Federal Constitution and laws and the…
- § 5325.2 Any person who is subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic…
- § 5325.3 (a) For purposes of administering antipsychotic medications to a person admitted as a voluntary patient, as described in Section 850 of Title 9 of the…
- § 5325.4 (a) If a person is involuntarily detained for assessment, evaluation, or treatment under this part, the facility to which the person is brought shall offer and…
- § 5326 The professional person in charge of the facility or state hospital or his or her designee may, for good cause, deny a person any of the rights under Section…
- § 5326.1 Quarterly, each local mental health director shall furnish to the Director of Health Care Services, the facility reports of the number of persons whose rights…
- § 5326.15 (a) Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall…
- § 5326.2 To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner: (a) The reason for treatment,…
- § 5326.3 The State Department of Health Care Services and State Department of State Hospitals shall promulgate a standard written consent form, setting forth clearly…
- § 5326.4 The treating physician shall then present to the patient the supplemented form specified under Section 5326.3 and orally, clearly, and in detail explain all of…
- § 5326.5 (a) For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and…
- § 5326.55 Persons who serve on review committees shall not otherwise be personally involved in the treatment of the patient whose case they are reviewing.
- § 5326.6 Psychosurgery, wherever administered, may be performed only if: (a) The patient gives written informed consent to the psychosurgery. (b) A responsible relative…
- § 5326.7 Subject to the provisions of subdivision (f) of Section 5325, convulsive treatment may be administered to an involuntary patient, including anyone under…
- § 5326.75 Convulsive treatment for all other patients including but not limited to those voluntarily admitted to a facility, or receiving the treatment in a physician’s…
- § 5326.8 Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and…
- § 5326.85 No convulsive treatment shall be performed if the patient, whether admitted to the facility as a voluntary or involuntary patient, is deemed to be able to give…
- § 5326.9 (a) Any alleged or suspected violation of the rights described in Chapter 2 (commencing with Section 5150) shall be investigated by the local director of…
- § 5326.91 In any facility in which convulsive treatment is performed on a person whether admitted to the facility as an involuntary or voluntary patient, the facility…
- § 5326.95 The Director of State Hospitals shall adopt regulations to carry out the provisions of this chapter, including standards defining excessive use of convulsive…
- § 5327 Every person involuntarily detained under provisions of this part or under certification for intensive treatment or postcertification treatment in any public…
- § 5328 (a) All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with…
- § 5328.01 Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to governmental…
- § 5328.02 Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to the Youth…
- § 5328.03 (a) (1) Notwithstanding Section 5328 of this code, Section 3025 of the Family Code, or paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, a…
- § 5328.04 (a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer,…
- § 5328.05 (a) Notwithstanding Section 5328, information and records may be disclosed when an older adult client, in the opinion of a designee of a human service agency…
- § 5328.06 (a) Notwithstanding Section 5328, information and records shall be disclosed to the protection and advocacy agency established in this state to fulfill the…
- § 5328.1 (a) Upon request of a member of the family of a patient, or other person designated by the patient, a public or private treatment facility shall give the…
- § 5328.15 All information and records obtained in the course of providing services under Division 5 (commencing with Section 5000), Division 6 (commencing with Section…
- § 5328.2 Notwithstanding Section 5328, movement and identification information and records regarding a patient who is committed to the department, state hospital, or…
- § 5328.3 (a) When a voluntary patient would otherwise be subject to the provisions of Section 5150 of this part and disclosure is necessary for the protection of the…
- § 5328.4 The physician in charge of the patient, or the professional person in charge of the facility or his or her designee, when he or she has probable cause to…
- § 5328.5 Information and records described in Section 5328 may be disclosed in communications relating to the prevention, investigation, or treatment of elder abuse or…
- § 5328.6 When any disclosure of information or records is made as authorized by the provisions of Section 11878 or 11879 of the Health and Safety Code, subdivision (a)…
- § 5328.7 Signed consent forms by a patient for release of any information to which such patient is required to consent under the provisions of Sections 11878 or 11879…
- § 5328.8 (a) The State Department of State Hospitals, the physician in charge of the patient, or the professional person in charge of the facility or his or her…
- § 5328.9 If at such time as a patient’s hospital records are required by an employer to whom the patient has applied for employment, such records shall be forwarded to…
- § 5329 Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards…
- § 5330 (a) Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in…
- § 5331 No person may be presumed to be incompetent because he or she has been evaluated or treated for mental disorder or chronic alcoholism, regardless of whether…
- § 5332 (a) Antipsychotic medication, as defined in subdivision (l) of Section 5008, may be administered to any person subject to detention pursuant to Section 5150,…
- § 5333 (a) Persons subject to capacity hearings pursuant to Section 5332 shall have a right to representation by an advocate or legal counsel. “Advocate,” as used in…
- § 5334 (a) (1) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs…
- § 5336 (a) (1) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334 during the…
- § 5337 Notwithstanding Section 5257, nothing shall prohibit the filing of a petition for post certification pursuant to Article 6 (commencing with Section 5300) for…
ARTICLE 8. Community Controlled Substances Treatment Services §§ 5340–5344 · 5 sections
- § 5340 It is the intention of the Legislature by enacting this article to provide legal procedures for the custody, evaluation, and treatment of users of controlled…
- § 5341 As used in this article, “controlled substances” means those substances referred to in Division 10 (commencing with Section 11000) of the Health and Safety…
- § 5342 Where other applicable sections of this part contain the phrase “a danger to himself or herself or others, or gravely disabled,” such sections shall be deemed…
- § 5343 Notwithstanding any other provision of law, if any person is a danger to others or to himself or herself, or gravely disabled, as a result of the use of…
- § 5344 Any expenditure for the custody, evaluation, treatment, or other procedures for services rendered a person pursuant to this article shall be considered an…
ARTICLE 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 §§ 5345–5349.1 · 7 sections
- § 5345 (a) This article shall be known, and may be cited, as Laura’s Law. (b) “Assisted outpatient treatment” shall be defined as categories of outpatient services…
- § 5346 (a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition…
- § 5346.5 (a) In a county or group of counties where services are available, as provided in Section 5348, and in accordance with the requirements of Section 5346, a…
- § 5347 (a) In a county or group of counties where services are available pursuant to Section 5348, a person who is determined by the court to be subject to…
- § 5348 (a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to…
- § 5349 (a) A county or group of counties that does not wish to implement this article may opt out of the requirements of this article by a resolution passed by the…
- § 5349.1 (a) A county or group of counties that implements this article, shall, in consultation with the State Department of Health Care Services, client and family…
CHAPTER 3. Conservatorship for Persons with a Grave Disability §§ 5350–5372 · 42 sections
- § 5350 A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled or impaired by chronic…
- § 5350.1 The purpose of conservatorship, as provided for in this article, is to provide individualized treatment, supervision, and placement.
- § 5350.2 Reasonable attempts shall be made by the county mental health program to notify family members or any other person designated by the person for whom…
- § 5350.5 (a) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing…
- § 5351 In each county or counties acting jointly under the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the…
- § 5352 When the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in…
- § 5352.1 (a) The court may establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator, on the basis of the…
- § 5352.2 Where the duly designated officer providing conservatorship investigation is a public guardian, his official oath and bond as public guardian are in lieu of…
- § 5352.3 If the professional person in charge of the facility providing intensive treatment recommends conservatorship pursuant to Section 5352, the proposed…
- § 5352.4 If a conservatee appeals the court’s decision to establish conservatorship, the conservatorship shall continue unless execution of judgment is stayed by the…
- § 5352.5 (a) Conservatorship proceedings may be initiated for any person committed to a state hospital or local mental health facility or placed on outpatient treatment…
- § 5352.6 Within 10 days after conservatorship of the person has been established under the provisions of this article, there shall be an individualized treatment plan…
- § 5353 A temporary conservator under this chapter shall determine what arrangements are necessary to provide the person with food, shelter, and care pending the…
- § 5354 (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship, including, but not limited to,…
- § 5354.5 Except as otherwise provided in this section, the person recommended to serve as conservator shall promptly notify the officer providing conservatorship…
- § 5355 If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person, corporation,…
- § 5356 The report of the officer providing conservatorship investigation shall contain his or her recommendations concerning the powers to be granted to, and the…
- § 5357 All conservators of the estate shall have the general powers specified in Chapter 6 (commencing with Section 2400) of Part 4 of Division 4 of the Probate Code…
- § 5358 (a) (1) When ordered by the court after the hearing required by this section, a conservator appointed pursuant to this chapter shall place his or her…
- § 5358.1 Neither a conservator, temporary conservator, or public guardian appointed pursuant to this chapter, nor a peace officer acting pursuant to Section 5358.5,…
- § 5358.2 If a conservatee requires medical treatment and the conservator has not been specifically authorized by the court to require the conservatee to receive medical…
- § 5358.3 (a) At any time, a conservatee or any person on the conservatee’s behalf with the consent of the conservatee or the conservatee’s counsel, may petition the…
- § 5358.5 When any conservatee placed into a facility pursuant to this chapter leaves the facility without the approval of the conservator or the person in charge of the…
- § 5358.6 Any conservator who places his or her conservatee in an inpatient facility pursuant to Section 5358, may also require the conservatee to undergo outpatient…
- § 5358.7 When any conservatee challenges his or her placement or conditions of confinement pursuant to Section 1473 of the Penal Code or Section 7250 of the Welfare and…
- § 5359 A conservator appointed under this chapter shall find alternative placement for his conservatee within seven days after he is notified by the person in charge…
- § 5360 The officer providing conservatorship investigation shall recommend, in his report to the court, for or against imposition of a disability set forth in Section…
- § 5361 (a) Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court.…
- § 5362 (a) The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides,…
- § 5363 In the event the conservator continues in good faith to act within the powers granted him in the original decree of conservatorship beyond the one-year period,…
- § 5364 (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first…
- § 5365 A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. The court shall appoint the public defender or other…
- § 5365.1 The conservatee or proposed conservatee may, upon advice of counsel, waive the presence at any hearing under this chapter of the physician or other…
- § 5366.1 (a) Any person detained as of June 30, 1969, under court commitment, in a private institution, a county psychiatric hospital, facility of the Veterans…
- § 5367 Conservatorship established under this chapter shall supersede any commitment under former provisions of this code relating to inebriates or the mentally ill.
- § 5368 A person who is no longer a conservatee shall not be presumed to be incompetent by virtue of his having been a conservatee under the provisions of this part.
- § 5369 When a conservatee who has criminal charges pending against him and has been found mentally incompetent under Section 1370 of the Penal Code recovers his…
- § 5370 Notwithstanding any other provision of law, a conservatorship proceeding may be initiated pursuant to this chapter for any person who has been charged with an…
- § 5370.1 The court in which a petition to establish a conservatorship is filed may appoint the county counsel or a private attorney to represent a private conservator…
- § 5370.2 (a) The State Department of State Hospitals and the State Department of Health Care Services shall contract with a single nonprofit agency that meets the…
- § 5371 No person upon whom a duty is placed to evaluate, or who, in fact, does evaluate a conservatee for any purpose under this chapter shall have a financial or…
- § 5372 (a) The provisions of Section 1051 of the Probate Code shall apply to conservatorships established pursuant to this chapter. (b) The Judicial Council shall, on…
CHAPTER 4. Administration §§ 5400–5405 · 8 sections
- § 5400 (a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules,…
- § 5400.1 (a) The State Department of Health Care Services shall issue guidance regarding Medi-Cal reimbursement for covered Medi-Cal services provided to an individual…
- § 5402 (a) The State Department of Health Care Services shall collect data quarterly and publish, on or before May 1 of each year, a report including quantitative,…
- § 5402.2 The Director of State Hospitals shall develop a master plan for the utilization of state hospital facilities identifying levels of care. The level of care…
- § 5402.5 (a) On or before December 1, 2023, the State Department of Health Care Services shall convene a stakeholder group to create a model care coordination plan to…
- § 5403 (a) From July 1, 1991 to June 30, 1993, inclusive, regulations promulgated by the department shall not be subject to the approval of the California Conference…
- § 5404 (a) Counties may designate facilities to provide evaluation and treatment in accordance with Article 1 (commencing with Section 5150) of Chapter 2 of this…
- § 5405 (a) This section shall apply to each facility licensed by the State Department of Health Care Services, or its delegated agent, on or after January 1, 2003.…
CHAPTER 6.2. Mental Health Advocacy §§ 5500–5550 · 21 sections
ARTICLE 1. General Provisions § 5500 · 1 section
- § 5500 As used in this chapter: (a) “Advocacy” means those activities undertaken on behalf of persons who are receiving or have received mental health services to…
ARTICLE 2. Patients’ Rights Program §§ 5510–5514 · 5 sections
- § 5510 (a) The Legislature finds and declares as follows: (1) The State of California accepts its responsibility to ensure and uphold the right of persons with mental…
- § 5511 The Director of State Hospitals or the executive director of each state hospital may contract with independent persons or agencies to perform patients’ rights…
- § 5512 Training of county patients’ rights advocates shall be provided by the contractor specified in Section 5510 responsible for the provision of protection and…
- § 5513 The patients’ rights program shall serve as a liaison between county patients’ rights advocates and the State Department of Health Care Services.
- § 5514 There shall be a five-person Patients’ Rights Committee formed through the California Behavioral Health Planning Council. This committee, supplemented by two…
ARTICLE 3. County Advocates §§ 5520–5525 · 6 sections
- § 5520 Each local mental health director shall appoint, or contract for the services of, one or more county patients’ rights advocates. The duties of these advocates…
- § 5521 It is the intent of the Legislature that legal representation regarding changes in client legal status or conditions and other areas covered by statute…
- § 5522 County patients’ rights advocates may conduct investigations if there is probable cause to believe that the rights of a past or present recipient of mental…
- § 5523 (a) Notwithstanding any other provision of law, and without regard to the existence of a guardianship or conservatorship, a recipient of mental health services…
- § 5524 (a) Subject to subdivision (b), a county shall verify that county patients’ rights advocates review the patients’ rights advocacy training materials provided…
- § 5525 (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing a county…
ARTICLE 4. Access to Clients § 5530 · 1 section
- § 5530 (a) County patients’ rights advocates shall have access to all clients and other recipients of mental health services in any mental health facility, program,…
ARTICLE 5. Access to Records §§ 5540–5546 · 7 sections
- § 5540 Except as otherwise provided in this chapter or in other provisions of law, information about and records of recipients of mental health services shall be…
- § 5541 (a) A specific authorization by the client or by the guardian ad litem is necessary for a county patients’ rights advocate to have access to, copy or otherwise…
- § 5542 County patients’ rights advocates shall have the right to inspect or copy, or both, any records or other materials not subject to confidentiality under Section…
- § 5543 (a) Notwithstanding any other provision of law, with the authorization of the client, a county patients’ rights advocate may, to the extent necessary for…
- § 5544 Any written client information obtained by county patients’ rights advocates may be used and disseminated in court or administrative proceedings, and to any…
- § 5545 Nothing in this chapter shall be construed to limit access to recipients of mental health services in any mental health facility, program, or service or to…
- § 5546 The actual cost of copying any records or other materials authorized under this chapter, plus any additional reasonable clerical costs, incurred in locating…
ARTICLE 6. Penalties § 5550 · 1 section
- § 5550 (a) Any person participating in filing a complaint or providing information pursuant to this chapter or participating in a judicial proceeding resulting…