Involuntary commitment.

Plain English Breakdown

The official source material does not provide specific details on how long after enactment counties must include emergency physicians in their procedures, nor does it specify if this change will lead to more involuntary commitments by emergency doctors.

Involuntary Commitment Law Changes

This law adds emergency physicians to the list of professionals who can take someone into care for up to 72 hours if they are a danger to themselves or others due to mental health issues, and it protects these doctors from legal liability.

What This Bill Does

• Requires county behavioral health directors to include emergency physicians as one of the practice disciplines eligible to be designated by the county when developing procedures for involuntary commitment.
• Exempts emergency physicians from criminal and civil liability if they are responsible for detaining someone under these provisions.

Who It Names or Affects

• People with serious mental health problems who might be a danger to themselves or others.
• Emergency physicians who can now take part in detaining individuals under these rules.
• County behavioral health directors responsible for making rules about which professionals are involved in the process.

Terms To Know

Involuntary commitment

When someone is taken into care against their will because they have a mental disorder that makes them dangerous to themselves or others.

Emergency physician

A doctor who works in an emergency room and can treat urgent medical conditions, including mental health crises.

Limits and Unknowns

• The bill does not specify how long after it becomes law that counties must include emergency physicians in their procedures.
• It is unclear if this change will lead to more people being involuntarily committed by emergency doctors.

Official Summary Text

AB 416, Krell.
Involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to self or others, or gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, by a peace officer, a designated member of a mobile crisis team, or a professional person designated by the county, and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes county behavioral health director to develop procedures for the county’s designation and training of professionals who will be designated to perform the above-described provisions. Existing law authorizes the procedures to
include, among others, the license types, practice disciplines, and clinical experience of the professionals eligible to be designated by the county. Existing law exempts specified individuals, including a peace officer responsible for the detainment of a person under these provisions from criminal and civil liability for an action by a person who is released at or before the end of the period for which they were detained.
This bill would require a county behavioral health director to include an emergency physician, as defined, as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures for the designation and training of those professionals. The bill would also exempt an emergency physician who is
responsible for the detainment of a person under those provisions from criminal and civil liability, as specified.

Current Bill Text

Download Bill PDF