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 himself or herself, or is gravely disabled, he or she 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. 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 his or her basic personal needs for food, clothing, or shelter, or a condition in which a person has been found mentally incompetent, as specified. Existing law also provides immunity from civil and criminal liability for the detention by specified licensed general acute care hospitals, licensed acute psychiatric hospitals, licensed professional staff at those hospitals, or any physician and surgeon providing emergency medical services in any department of those hospitals if various conditions are met, including that the detained person cannot be safely released from the hospital because, in the opinion of treating staff, the person, as a result of a mental health disorder, presents a danger to himself or herself, or others, or is gravely disabled, as defined. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant is committed to a facility for treatment. If the defendant is gravely disabled, as defined above, upon his or her return to the committing court, existing law requires the court to order the conservatorship investigator of the county to initiate conservatorship proceedings on the basis that the indictment or information pending against the person charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person. This bill would, until January 1, 2024, expand the definition of "gravely disabled" for these purposes, as implemented in the County of Los Angeles, to also include a condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for medical treatment, if the failure to receive medical treatment, as defined, results in a deteriorating physical condition that a medical professional, in his or her best medical judgment, attests in writing, will more likely than not, lead to death within 6 months, as specified. The bill would, on or before January 1, 2023, require the County of Los Angeles to submit a report to the Legislature evaluating the impact of the county's implementation of the above-mentioned provisions of the Lanterman-Petris-Short Act between January 1, 2019, and June 30, 2022, inclusive, with the expanded definition of "gravely disabled." The bill would also make certain legislative findings and declarations related to mental health. By expanding the above definition of "gravely disabled" in, and imposing new duties on, the County of Los Angeles, the bill would increase the duties on local agencies, and would therefore impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Sponsored bills
This measure would proclaim September 30, 2018, as Gold Star Mothers' and Families' Day in California.
The Nursing Practice Act provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing. The act authorizes a nurse practitioner to, among other things, furnish or order drugs or devices under specified circumstances subject to physician and surgeon supervision. The act prohibits a physician and surgeon from supervising more than 4 nurse practitioners at one time for purposes of furnishing drugs or devices. Existing law authorizes the Board of Registered Nursing to issue a certificate to practice nurse-midwifery to any person licensed under the Nursing Practice Act that meets certain qualifications. Existing law authorizes a certified nurse-midwife to, among other things, furnish or order drugs and devices under specified circumstances subject to physician and surgeon supervision. Existing law prohibits a physician and surgeon from supervising more than 4 certified nurse-midwives at one time for purposes of furnishing or ordering drugs or devices. The Physician Assistance Practice Act provides for the licensure and regulation of physician assistants by the Physician Assistant Board, which is within the jurisdiction of the Medical Board of California. The act authorizes a physician assistant licensed by the Physician Assistant Board to be eligible for employment or supervision by any physician and surgeon who is not subject to a disciplinary condition imposed by the Medical Board of California prohibiting that employment or supervision. The act prohibits a physician and surgeon from supervising more than 4 physician assistants at any one time, except as specified. This bill would instead prohibit a physician and surgeon from supervising more than 12 nurse practitioners, certified nurse-midwives, and physician assistants at any one time, as specified.
This measure would state the intent of the Legislature to take the opportunity preceding the 4th of July holiday to recognize and celebrate July 4, 2018, and the 242nd anniversary of the birth of our great nation and the signing of the Declaration of Independence that this day represents.
This measure would recognize August 15, 2018, as India's Independence Day, and urge all Californians to join in celebrating India's independence.
This measure would proclaim the month of July 2018 as Uterine Fibroids Awareness Month in California and would recognize the need for greater research, treatment, and care options regarding uterine fibroids.
This measure would proclaim October 9th as Pediatric Acute-onset Neuropsychiatric Syndrome (PANS) Awareness Day in California, and would encourage the citizens of California, on that day, to become informed and aware of PANS.
This measure would recognize the legacy of California's pioneer Chinese Americans and honor their contributions and the important role they played in the history of Yosemite National Park and the Sierra Nevada.
This measure would designate August 16, 2018, as Pre-Exposure Prophylaxis and Post-Exposure Prophylaxis Awareness Day in California to enhance public awareness of comprehensive human immunodeficiency virus prevention strategies.
This measure would urge the Congress of the United States to acknowledge the problem of a labor shortage in the agricultural industry in California and to work together with California to solve the issue.