Legislative Updates

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The landscape of mental healthcare law and regulations is in a constant state of flux, becoming more intricate as new legislation is introduced and existing laws are amended. This complexity underscores the necessity for mental health professionals to stay informed about the latest legislative changes to ensure their practices remain compliant and effective. Our service offering legislative updates in relevant mental health law and regulations is designed to meet this critical need.

By subscribing to our service, mental health professionals gain access to timely, accurate updates on the evolving legal environment affecting their field. This essential information aids in navigating the complexities of mental health law, ensuring that professionals are not only aware of but can also adapt their practices to comply with the latest regulatory standards. This proactive approach to staying informed helps mitigate the risk of non-compliance, which could lead to legal issues and impact the quality of care provided to patients.

For those in the mental health profession looking to maintain the highest standards of legal and ethical practice, our legislative updates service is an invaluable tool. Reach out to us to learn more about how you can stay ahead of the curve in understanding and implementing the latest changes in mental health law and regulations, ensuring your practice continues to operate within the legal framework and delivers the best possible care to your patients.

AB2275 - What Everyone Needs To Know

Probable Cause hearings shall be held within 7 days of the date from the initial 5150.
Postponement is only from the patient or their attorney.
If the person request a writ of habeas corpus, the court must be notified by the end of that business day. The writ (judicial review) must be heard within 2 business days of the request.
The patient must be informed of their patient rights. These rights consist of the following:
Patient has been asked to remain in the hospital on voluntarily status; but not willing or able to accept, treatment on a voluntary basis.
Explain the probable cause process.
Provide patient 5150 documentation.
Rights pursuant to Section 5254.1
Inform the patient of the right for an in- person hearing.
Obtain consent for telehealth services before it occurs .
Explain the writ of habeas corpus process.
Review the 5150 criteria with the patient.
Explain the right to have a family member or a friend present at the hearing.
Explain patient has the right to attend their hearing or can refuse.
Provide DCHS Patient’s Rights Handbook.
Inform patient of the outcome of the probable cause hearing. Provide patient with a written court document regarding the hearing.
The detained patient has a right to request their own attorney or an Advocate will be assigned to them for representation at the probable cause hearings.
Establishes a series of escalating detentions for involuntary treatment which may culminate in a renewable 1 year conservatorship (5150-5250-5270).
Saturdays, Sundays, and holidays are excluded from the time limit on the 72 hour hold.
Psychiatrist must assess patient either face to face or synchronous interaction thru telehealth to determine appropriateness of the involuntary detention.
The 72 hour hold, under the LPS Act, begins at the time when the person is first detained.

5150: Definition

5150 is the California Welfare and Institution Code which legally authorize the involuntary detainment of an adult in an inpatient psychiatric hospital. Duration of the involuntary hold is 72 hours. Statute: LPS Act.