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Section 5150 et. seq.

Section 5150 et. seq. David N. Vandenberg, J.D. Introduction. To provide an overview of the involuntary psychiatric detention process.

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Section 5150 et. seq.

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  1. Section 5150 et. seq. David N. Vandenberg, J.D.

  2. 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

  3. 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

  4. Detention and Transport • Who may detain individuals for transport to mental health facilities? • Which facilities are designated to receive individuals for assessment?

  5. Assessment • What is an Assessment? • Who performs the Assessment? • What happens if no Assessment is conducted?

  6. 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

  7. 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

  8. What This Means • Suggestions for an 8 hour limit: use it or lose it policy

  9. Next Steps • Physicians should consider obtaining more training and materials about subject • Advocate available to provide 5150 related training for those interested in specifics

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