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California AB 1421 - Governor Signs Involuntary Confinement Bill

 

CALIFORNIA UCP LEGISLATIVE UPDATE
SEPTEMBER 29, 2002 - Sunday morning

Governor Signs AB 1421 That Authorizes Mental Health Involuntary Treatment Pilot Programs - No Action On Budget Trailer Bills

Governor Davis signed into law on Saturday (September 28) AB 1421 by Assemblywoman Helen Thomson (D-Davis) a measure relating to involuntary mental health treatments pilot projects. The bill, known as "Laura's Law" after 19-year old Laura Wilcox, a Nevada County (in California) worker who was shot to death inside the county mental health office by a person with mental illness, was very controversial with  mental health advocates and organizations sharply divided on the issue.

There is still no reported actions taken by the Governor (as of Sunday morning
September 29) on several major bills, including AB 1907 by Assemblyman Dick Dickerson (R-Redding) relating to special education funding; AB 925 by Assemblywoman Dion Aroner (D-Berkeley) relating to removing barriers to employment for people with disabilities, and several controversial measures relating to farmworkers. In addition, the Governor has not yet reported any actions on the remaining budget related bills ("budget trailer bills") still pending - including those impacting people with disabilities, in-home supportive services, Medi-Cal, mental health.

The Governor has until Monday evening (11:59 PM) September 30, to sign, veto or allow bills to become law without his signature. The Governor can also line item (reduce appropriations) of certain measures. There are about 400 or so bills left for him to consider.  California UCP Legislative Updates will be issued over the weekend and Monday as actions by the Governor are available. A special report on the budget trailer bills will be issued once the Governor has taken action on the

BACKGROUND ON AB 1421 - MENTAL HEALTH/INVOLUNTARY TREATMENT
AUTHOR: Assemblywoman Helen Thomson (D-Davis)
MOST CURRENT STATUS: APPROVED by Governor on 9/28/02.(Chapter number not available - no report yet from Secretary of State)
NEXT STEPS: Takes effect January 1, 2003.
WHAT THIS BILL DOES (Reflects Version Sent To Governor): Enacts the Assisted
Outpatient Treatment Demonstration Project Act of 2002, which would create an assisted outpatient treatment program for any person who is suffering from a mental disorder and meets certain criteria.
* Would operate in counties that choose to provide the services.
* The Demonstration Project would end on January 1, 2008.
* The program involves the delivery of community based care by multidisciplinary teams of mental health professionals with staff-to-client ratios of not more than 1 to 10, and additional services, for persons with the most persistent and severe mental illness.
* Specifies requirements for the petition alleging the necessity of treatment, various rights of the person who is the subject of the petition, and hearing procedures.
* Provides for settlement agreements as an alternative to the hearing process. * Provides that if the person who is the subject of the petition fails to comply with outpatient treatment, despite efforts to solicit compliance, a licensed mental health treatment provider may request that the person be placed under a 72-hour hold based on an involuntary commitment.
* Requires each county operating an outpatient treatment program to provide data to the Department of Mental Health, with a report to the Legislature.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: Yes - very significant direct impact for people in those counties that choose to implement a demonstration project. This measure sharply divided mental health advocates and organizations.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: Uncertain - If the bill is approved, uncertain direct impact to those providers in counties that choose to participate in the demonstration project.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: Significant - though there is divided opinion on whether this bill helps or hurts implementation.
 

Earlier Stories & Background

Update on California AB 1421 Involuntary commitment bill in the 2002 legislative session.

NOTE: If you would like to get on the UCP Update distribution (and conversely, get off of it) please send an email with that request to: martyomoto@rcip.com. Please allow some time to be removed from the list (it takes time to delete names from distribution listing). Additions can be added immediately.  Please also send announcements of meetings, etc.  if you would like it reported. Please feel free to forward or copy this (just be nice and give some attribution). Thanks!

FOR MORE INFORMATION
Marty Omoto, Legislative Director
CA Coalition of United Cerebral Palsy Associations
1225 8th Street Suite 480 Sacramento, CA 95814
916/446-3204  FAX: 916/446-3206 email: martyomoto@rcip.com
Coalition Chair: Michael Williams (UCP of the Golden Gate)
Immediate Past Chair: Ron Cohen (UCP LA and Ventura Counties

 
CA UCP LEGISLATIVE UPDATE
August 29, 2002 - Thursday evening

STATUS ON MENTAL HEALTH RELATED BILLS:
ASSEMBLY PASSES AB 1421 ON MENTAL HEALTH INVOLUNTARY CONFINEMENTS AND TAKES ACTION ON OTHER BILLS

After a long and extremely tense debate in the Senate yesterday (August 28) AB 1421 relating to mental health and involuntary confinements by Assemblywoman Helen Thompson (D-Davis) easily passed the Assembly 62-3 Thursday evening (August 29) and now heads to the Governor. The action in the Assembly was needed to approve the amendments (changes) made in the Senate.

The following is a UCP status on key bills relating to mental health issues having action this week in the Legislature (other UCP Updates will focus on other specific issues relating to people with developmental and otehr disabilities)in bill number order:

BACKGROUND ON: AB 470 - Mental health: Involuntary Confinement: Psychologists.
AUTHOR: Assemblywoman Judy Chu (D-Monterey Park)
LAST AMENDED: 8/26/02
MOST CURRENT STATUS: In Assembly as of 8/29/02. Pending approval of amendments (changes) made in Senate.
NEXT STEPS: Assembly must approve amendments made in the Senate on or before 8/30. If the bill passes, then it heads to the Governor for consideration.
WHAT THE BILL DOES (Reflects 8/26/02 Amendments): Would permit licensed psychologists (in addition to pyschiatrists)to release patients they are treating, before the end of a maximum time period for involuntary commitment, if as a result of their personal observation of the person, the person no longer requires involuntary confinement for evaluation or treatment.  Also, in addition to psychiatrists, this bill would provide that a psychologist directly responsible for the person's treatment would not be held civilly or criminally liable for any action by the person released before the end of the maximum time period for the commitment. Provides that its provisions shall not revise or expand the scope of practice, as defined, of psychologists.

BACKGROUND ON: AB 1421 - Mental Health: Involuntary Confinement
AUTHOR: Assemblywoman Helen Thomson (D-Davis)
LAST AMENDED: 8/26/02
MOST CURRENT STATUS: Passed Assembly on Thursday evening 8/29/02 by a vote of 62-3, approving amendments made in the Senate.
NEXT STEPS: Heads to Governor for consideration. Governor will have until September 30 to either veto, approve or let the bill become law without his signature.
WHAT THE BILL DOES (Reflects 8/26/02 amendments): Enacts the Assisted Outpatient Treatment Demonstration Project Act of 2002, which would create an assisted outpatient treatment program for any person who is suffering from a mental disorder and meets certain criteria.  The program would operate in counties that choose to provide the services. The Demonstration Project would end on January 1, 2008. The program would involve the delivery of community-based care by multidisciplinary teams of highly trained mental health professionals with staff-to-client ratios of not more than 1 to 10, and additional services, as specified, for persons with the most persistent and severe mental illness.  Specifies requirements for the petition alleging the necessity of treatment, various rights of the person who is the subject of the petition, and hearing procedures. Provides for settlement agreements as an alternative to the hearing process. Provides that if the person who is the subject of the petition fails to comply with outpatient treatment, despite efforts to solicit compliance, a licensed mental health treatment provider may request that the person be placed under a 72-hour hold based on an involuntary commitment. Requires each county operating an outpatient treatment program pursuant to provide data to the Department of Mental Health, with a report required to the Legislature. Requires the department to develop a specified training and education program for use in counties participating.

BACKGROUND ON: AB 1422 - Mental Health Training and Advocacy
AUTHOR: Assemblywoman Helen Thompson (D-Davis)
LAST AMENDED: 8/26/02
MOST CURRENT ACTION: Passed Assembly Thursday evening 8/29/02, by vote of 57-7, approving the amendments made in the Senate.
NEXT STEPS: Heads to Governor for consideration. Governor will have until September 30 to either veto, approve or let the bill become law without his signature.
WHHAT THE BILL DOES (Reflects 8/26/02 amendments): Creates the California Mental Health Advocacy Commission (MHAC) for five years to promote improved access to mental health services and combat stigma and discrimination against people with mental illness. The commission would be composed of 13 members, including the Attorney General, the Superintendent of Public Instruction, and the Secretaries of Health and Human Services, and Business, Transportation and Housing.  Requires the commission to perform various duties regarding raising public awareness and recognition of mental illness, improving access to mentalhealth care, and eliminating stigma and discrimination against people with mental illness. Requires the commission to establish a Mental Health Policy Advisory Committee to serve as a resource on stigma and discrimination, experiences with and private mental health services, system administration, acquisition of statistical and fiscal data and other research, and the impact of unaddressed mental health needs.

BACKGROUND ON: AB 2296 - Mental health: Simplification of Accounting & Reporting Requirements
AUTHOR: Assemblyman Joe Simitian (D-Palo Alto)
LAST AMENDED: 8/20/02
MOST CURRENT STATUS: Passed Assembly Wednesday evening 8/28/02 by vote of 58-0, approving the amendments made in the Senate.
NEXT STEPS: Heads to Governor for consideration. Governor will have until September 30 to either veto, approve or let the bill become law without his signature.
WHAT THIS BILL DOES (Reflects 8/20/02 Amendments): Would, to the extent that costs can be absorbed by funds budgeted to the Department of Mental Health in the state budget, as specified. Rrequires the Department of Mental Health  , in consultation with affected parties, to examine problematic reporting requirements for various mental health programs and to convene a workgroup to make recommendations to modify these requirements to reduce unnecessary paperwork. Would require the workgroup to report to the Legislature its recommendations no later than January 1, 2004, including recommendations for statutory changes necessary to reduce unnecessary and duplicative reporting requirements. Requires the workgroup to consult with parties affected by the bill, such as consumers and mental health advocates, when appropriate.

BACKGROUND ON: AB 2740 - Mental Health: State and County Plans for Children
AUTHOR: Assemblywoman Wilma Chan (D-Oakland)
LAST AMENDED: 8/22/02
MOST CURRENT STATUS: In Assembly as of 8/28/02 - action pending on approval of amendments (changes) made in the Senate.
NEXT STEPS: Must pass out of Assembly (approving changes or amendments made in the Senate) on or before August 31. If it passes, it then goes to the Governor.
WHAT THIS BILL DOES (Reflects 8/22/02 amendments): Requires the Department of Mental Health to develop and implement a grant program, to encourage each county to voluntarily develop a plan to identify and address children's mental health services that are needed in that county.  Requires the Department of Mental Health to award grants on a competitive basis, and each county recipient of a grant to develop a mental health plan for children. Establishes specified goals for this plan.  Provides that the implementation of this bill is contingent on an appropriation in the annual Budget Act of $150,000 from the General Fund for the purposes of the program. Would require each county awarded a grant to submit a
report to the department, by January 1, 2004, on its use of the grant funds, and would require the department to submit a copy of those reports to the Legislature by February 1, 2004.

BACKGROUND ON: SB 1448 - Deceased Residents of State Hospitals and Developmental Centers (California Memorial Project)
AUTHOR: Senator Wes Chesbro (D-Arcata)
LAST CHANGED/AMENDED: 8/12/02
MOST CURRENT STATUS: Bill sent to Governor for consideration on Monday, 8/26.
NEXT STEPS: Governor has until September 30 to approve, veto or let the bill become law without his signature.
WHAT THE BILL DOES (reflects 8/12/02 amendments): Requires the State to assist
persons with disabilities in efforts to locate and preserve the gravesites of
state hospital or developmental center residents who died and were buried on
state lands, or lands designated by the state for burial.
* Requires the Department of Mental Health to inventory all persons who have died
while residing at a s00tate hospital or a developmental center, including (within
existing resources), identifying the location of gravesites on existing state
hospital and developmental center lands or gravesites located on other lands
designated by the state for burial of state hospital or developmental center
residents.  The inventory would also include the names and location of the
remains of persons whose remains were donated for medical research.
* Requires the Department of Mental Health to compile the inventory in
coordination with a task force of various organizations representing persons with
disabilities and  with other state agencies including, the Departments of General
Services, Developmental Services, the Secretary of State, and the California
State Library.
* Requires the Department of Mental Health, in coordination with other state
agencies and the task force, to assist and cooperate with the California Memorial
Project in conducting research regarding the records of deaths and burials of
persons at state hospitals or developmental centers, and to grant access to state
records as necessary to perform the inventories described in the bill.
* Requires the Department of Mental Health to assist the California Memorial
Project in developing a plan for the restoration of the gravesites and cemeteries
on state hospital and developmental center grounds (or located on other land
designated by the state for burial of state hospital or developmental center
residents).
* Requires the Department of Mental Health to develop procedures for the future
burial of any residents who die while residing in a state hospital or developmental  center and whose remains are not claimed by a family member.
* Requires the Department of Mental Health to establish a task force, with specified members, to provide direction.
* Requires the Department of Mental Health to submit a progress report to the
Legislature regarding the implementation of the bill, no later than January 31,
2004.

NOTE:If you would like to get on the UCP Update distribution (and conversely, get off of it) please send an email with that request to: martyomoto@rcip.com. Please also send announcements of meetings, rallies, etc if you would like it reported. Please feel free to forward or copy this UCP Update (just be nice and give some attribution). Thanks - we are all in this together.

FOR MORE INFORMATION
Marty Omoto, Legislative Director
CA Coalition of United Cerebral Palsy Associations
1225 8th Street Suite 480 Sacramento, CA 95814
916/446-3204  FAX: 916/446-3206 email: martyomoto@rcip.com
Coalition Chair: Michael Williams (UCP of the Golden Gate)
Immediate Past Chair: Ron Cohen (UCP LA and Ventura Counties)

Earlier Stories & Background

Update on California AB 1421 Involuntary commitment bill in the 2002 legislative session.

 

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