AB 1340

Title: Mental health services.
Author: Miguel Santiago

AB 1340, as amended, Santiago. Mental health services. (1) Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. The act also authorizes a conservator of the person, of the estate, or of both, to be appointed for a person who is gravely disabled as a result of a mental health disorder. For these purposes, existing law defines “gravely disabled” to mean either a condition in which a person, as a result of a mental health disorder or chronic alcoholism, is unable to provide for the person’s basic personal needs for food, clothing, or shelter, or a condition in which a person has been found mentally incompetent, as specified.This bill would expand the definition of “gravely disabled” for these purposes to also include a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for medical treatment, as defined, if the failure to receive medical treatment is either for an existing life-threatening medical condition or the person is in imminent danger of physical injury or life-threatening medical condition and there is a substantial and imminent risk, in either instance, of either death or prolonged hospitalization. By expanding the definition of “gravely disabled” and thereby increasing the duties of local agencies, this bill would impose a state-mandated local program.This bill, on or before July 1, 2023, would require the State Department of State Hospitals to create a model discharge plan for counties and hospitals to follow when discharging those held under temporary holds or conservatorship. The bill would require county mental health departments to collaborate with facilities and hospitals to develop, implement, and adhere to an adequate discharge plan that ensures continuity of services and care in the community for all individuals exiting holds or conservatorship and to implement that plan across the entire network of acute and subacute facilities on or before February 1, 2024. The bill would require the county discharge plan to require that an individual exiting a temporary hold or a conservatorship be provided with a detailed treatment plan that includes a scheduled first appointment with their referred service provider. By placing additional duties on counties, this bill would impose a state-mandated local program.This bill would prohibit a county from discharging an individual from a hold unless the first followup appointment, made in conformance to the detailed treatment plan, is scheduled and the appointment information has been provided to the individual. The bill would also require a facility discharging a conservatee to establish a detailed treatment plan, schedule the first followup appointment, and provide the individual with the appointment information. The bill would require a service provider to whom a person released from hold or a conservatorship is referred for services to make a good faith effort to contact the referred individual no less than 3 times, either by email, telephone, mail, or in-person outreach.(2) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund v

Introduced. To print. 02/19/2021
From printer. May be heard in committee March 22. 02/20/2021
Read first time. 02/22/2021
Referred to Coms. on HEALTH and JUD. 03/25/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. 03/25/2021
Re-referred to Com. on HEALTH. 03/26/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. 01/03/2022
Re-referred to Com. on HEALTH. 01/04/2022
Died pursuant to Art. IV, Sec. 10(a) of the Constitution. 01/31/2022
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. 02/01/2022

Bill Documents
AB 1340 - Amended+Assembly
03/25/2021 - AB 1340 (Amended+Assembly)

AB 1340 - Introduced
02/19/2021 - AB 1340 (Introduced)

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Author Details

    Asm. Miguel Santiago (D-CA)
    State House

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