California State Legislature

Bill Title Health care facilities: voluntary psychiatric care.
Hispanic Sponsors CA Assemb. Joaquin Arambula (D-CA-031)
Date Introduced 02/16/2018
NHCSL Task Force
Primary Issue Area Health
Issue Areas
Session 2017-2018 Regular Session


Existing law provides for the licensure and regulation of general acute care hospitals and acute psychiatric hospitals by the State Department of Public Health. Existing law requires emergency services and care, including screening, examination, and evaluation to determine if a psychiatric emergency medical condition exists and the care and treatment necessary to relieve or eliminate the psychiatric emergency medical condition, to be provided to any person requesting the services or care. Existing law regulates the transfer of a person from one hospital to another. Violation of these provisions is a crime. This bill would prohibit a general acute care hospital or an acute psychiatric hospital from requiring a person who voluntarily seeks care to be in custody as a danger to himself or herself or others or gravely disabled as a condition of accepting a transfer of that person after his or her written consent for treatment and transfer is documented or in the absence of evidence of probable cause for detention, as defined. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.