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Section 5150 et. seq.

David N. Vandenberg, J.D.

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Introduction

To provide an overview of the involuntary psychiatric detention process.

I have been the county patients’ rights advocate since 1989. Job duties include training staff who write 5150 applications and the investigation and resolution of patient complaints

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Topics of Discussion

Involuntary detention and transport Detention criteria County-designated personnel County-designated facilities Pre-admission assessment Admission or discharge Evaluation and treatment Types of certification for intensive

treatment LPS Conservatorship

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Detention and Transport

Who may detain individuals for transport to mental health facilities?

Which facilities are designated to receive individuals for assessment?

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Assessment

What is an Assessment? Who performs the Assessment? What happens if no Assessment is

conducted?

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Admission and Release

Who is authorized to admit a person detained pursuant to Section 5150?

Upon admission Staff required to provide Oral and Written Advisement to Patient in his or her language

Certification for intensive treatment Re-Certification for intensive treatment Temporary and Full Conservatorship

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Real Life

Abuse of Involuntary detention law resulted in requirement of pre-admission assessment in late 1985

Right to informed consent in absence of emergency or judicial determination of incapacity prior to administration of A-P meds established in 1989

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What This Means

Suggestions for an 8 hour limit: use it or lose it policy

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Next Steps

Physicians should consider obtaining more training and materials about subject

Advocate available to provide 5150 related training for those interested in specifics