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AB 681

Title: Mental health: information sharing.
Author: James C. Ramos

Summary
AB 681, as amended, Ramos. Mental health: information sharing. Existing law, the Children’s Civil Commitment and Mental Health Treatment Act of 1988, authorizes a minor, if they are a danger to self or others, or they are gravely disabled, as a result of a mental health disorder, and authorization for voluntary treatment is not available, upon probable cause, to be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation of minors.Existing law, the Lanterman-Petris-Short Act, also authorizes the involuntary commitment and treatment of persons with specified mental health disorders. Under the act, if a person, as a result of a mental health disorder, is a danger to self or others, or is gravely disabled, the person may, upon probable cause, be taken into custody 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 assessment, evaluation, and crisis intervention, or placement for evaluation and treatment.Existing law prohibits a person detained pursuant to the Lanterman-Petris-Short Act because the person is a danger to self or others, from owning, possessing, controlling, receiving, or purchasing, or attempting to own, possess, control, receive, or purchase, any firearm. In order for the Department of Justice to determine the eligibility of the person to own, possess, control, receive, or purchase a firearm, existing law requires each designated facility, within 24 hours of admitting an individual subject to that prohibition, to submit a report to the Department of Justice that contains specified information, including the identity of the person.This bill would require the Department of Justice to provide to the State Department of Health Care Services, in a secure format, a copy of reports submitted pursuant to those provisions.The bill would also require a designated facility to submit a quarterly report to the State Department of Health Care Services that identifies people admitted to the facility pursuant to the Lanterman-Petris-Short Act because the person is gravely disabled and minors admitted pursuant to the Children’s Civil Commitment and Mental Health Treatment Act of 1988 who are younger than 13 years of age. The bill would require the designated facility to include in the report the same information required to be reported to the Department of Justice for individuals who are subject to the above-described firearms restrictions. The bill would authorize the State Department of Health Care Services, after the department consults with behavioral health stakeholders, to require a designated facility to include additional information in the quarterly report.The bill would require the State Department of Health Care Services to annually submit a publicly accessible report to the Legislature of deidentified and aggregated data received pursuant to these provisions, as specified. The bill would require the State Department of Health Care Services to implement these provisions no later than January 1, 2024, and would require the State Department of Health Care Services to, without taking regulatory action, issue guidance to implement these provisions in a manner that does not duplicate reporting requirements for designated facilities and local mental health directors.

Status
Read first time. To print. 02/12/2021
From printer. May be heard in committee March 15. 02/13/2021
Referred to Com. on HEALTH. 02/25/2021
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (January 11). 01/12/2022
Read second time and amended. 01/13/2022
Re-referred to Com. on APPR. 01/14/2022
In committee: Held under submission. 01/20/2022
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 681 - Introduced
02/12/2021 - AB 681 (Introduced)