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CA SB1184
Bill
AI Summary
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Allows treating physicians to request capacity hearings for antipsychotic medication refusal determinations within 48 hours before a current detention period ends when subsequent detention appears necessary and capacity has not been restored.
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Establishes expedited "exigent circumstances" hearings to be held as soon as reasonably practicable and within 24 hours when a delay in the original hearing risks the capacity determination expiring before a new one is made.
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Permits antipsychotic medication orders to remain in effect at the beginning of new detention periods (Sections 5260, 5270.15, 5270.70) when exigent circumstances exist and a new capacity hearing petition has been filed, until the hearing is held and a decision issued.
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Requires treating facilities to report to county behavioral health directors whenever an exigent circumstances attestation is made and medication remains in effect, including information about petition filing dates, detention expiration dates, reasons for hearing delays, and hearing dates.
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Requires county behavioral health directors to submit this information to the State Department of Health Care Services, which must include it in its annual Lanterman-Petris-Short Act report beginning May 1, 2026; all provisions sunset January 1, 2030.
Legislative Description
Mental health: involuntary treatment: antipsychotic medication.
Last Action
Chaptered by Secretary of State. Chapter 643, Statutes of 2024.
9/27/2024