SECTIONS 5750-5772 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5750-5772

5750. (a) The State Department of Mental Health shall administer
this part and shall adopt standards for approval of mental health
services, and rules and regulations necessary thereto. However, these
standards, rules, and regulations shall be adopted only after
consultation with the California Council on Mental Health and the
California Conference of Local Mental Health Directors. Adoption of
these standards, rules, and regulations shall require approval by the
California Conference of Local Mental Health Directors by majority
vote of those present at an official session except for regulations
pertaining to psychiatric health facilities. For regulations
pertaining to psychiatric health facilities, the vote by the
conference, following consultation, shall be only advisory to the
State Department of Mental Health.
(b) If the conference refuses or fails to approve standards,
rules, or regulations submitted to it by the State Department of
Mental Health for its approval, the State Department of Mental Health
may submit these standards, rules, or regulations to the conference
at its next meeting, and if the conference again refuses to approve
them, the matter shall be referred for decision to a committee
composed of the Secretary of the Health and Welfare Agency, the
Director of Mental Health, the President of the California Conference
of Local Mental Health Directors, the Chairman of the California
Council on Mental Health, and a member designated by the State
Advisory Health Council.
(c) (1) From July 1, 1991, to June 30, 1993, inclusive, the
conference shall not approve regulations of the State Department of
Mental Health. The impact on this subdivision of regulatory timing
shall be included in the department's report to the Legislature on
September 30, 1992.
(2) The department shall continue during that period to involve
the conference in the development of all regulations which affect
local mental health programs, prior to the promulgation of those
regulations pursuant to the Administrative Procedure Act.

5750.1. Notwithstanding Section 5750, any standard, rule, or
policy, not directly the result of a statutory or administrative law
change, adopted by the department or county during the term of an
existing county performance contract shall not apply to the
negotiated rate and net amount terms of that contract under Sections
5705 and 5716, but shall only apply to contracts established after
adoption of the standard, rule, or policy.

5751. (a) Regulations pertaining to the qualifications of directors
of local mental health services shall be administered in accordance
with Section 5607. These standards may include the maintenance of
records of service which shall be reported to the State Department of
Mental Health in a manner and at times as it may specify.
(b) Regulations pertaining to the position of director of local
mental health services, where the local director is other than the
local health officer or medical administrator of the county
hospitals, shall require that the director be a psychiatrist,
psychologist, clinical social worker, marriage and family therapist,
registered nurse, or hospital administrator, who meets standards of
education and experience established by the Director of Mental
Health. Where the director is not a psychiatrist, the program shall
have a psychiatrist licensed to practice medicine in this state and
who shall provide to patients medical care and services as authorized
by Section 2051 of the Business and Professions Code.
(c) The regulations shall be adopted in accordance with the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.

5751.1. Regulations pertaining to the position of director of local
mental health services, where the local director is other than the
local health officer or medical administrator of the county
hospitals, shall require that the director meet the standards of
education and experience established by the Director of Mental Health
and that the appointment be open on the basis of competence to all
eligible disciplines pursuant to Section 5751. Regulations pertaining
to the qualifications of directors of local mental health services
shall be administered in accordance with Section 5607.
Where the director of local mental health services is not a
psychiatrist, the program shall have a psychiatrist licensed to
practice medicine in this state and who shall provide to patients
medical care and services as authorized by Section 2137 of the
Business and Professions Code.

5751.2. (a) Except as provided in this section, persons employed or
under contract to provide mental health services pursuant to this
part shall be subject to all applicable requirements of law regarding
professional licensure, and no person shall be employed in local
mental health programs pursuant to this part to provide services for
which a license is required, unless the person possesses a valid
license.
(b) Persons employed as psychologists and clinical social workers,
while continuing in their employment in the same class as of January
1, 1979, in the same program or facility, including those persons on
authorized leave, but not including intermittent personnel, shall be
exempt from the requirements of subdivision (a).
(c) While registered with the licensing board of jurisdiction for
the purpose of acquiring the experience required for licensure,
persons employed or under contract to provide mental health services
pursuant to this part as clinical social workers or marriage and
family therapists shall be exempt from subdivision (a). Registration
shall be subject to regulations adopted by the appropriate licensing
board.
(d) The requirements of subdivision (a) shall be waived by the
department for persons employed or under contract to provide mental
health services pursuant to this part as psychologists who are
gaining the experience required for licensure. A waiver granted under
this subdivision may not exceed five years from the date of
employment by, or contract with, a local mental health program for
persons in the profession of psychology.
(e) The requirements of subdivision (a) shall be waived by the
department for persons who have been recruited for employment from
outside this state as psychologists, clinical social workers, or
marriage and family therapists and whose experience is sufficient to
gain admission to a licensing examination. A waiver granted under
this subdivision may not exceed three years from the date of
employment by, or contract with, a local mental health program for
persons in these three professions who are recruited from outside
this state.

5751.7. For the purposes of this part and the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)),
the department shall ensure that, whenever feasible, minors shall not
be admitted into psychiatric treatment with adults if the health
facility has no specific separate housing arrangements, treatment
staff, and treatment programs designed to serve children or
adolescents. The director shall provide waivers to counties, upon
their request, if this policy creates undue hardship in any county
due to inadequate or unavailable alternative resources. In granting
the waivers, the director shall require the county to establish
specific treatment protocols and administrative procedures for
identifying and providing appropriate treatment to minors admitted
with adults.
However, notwithstanding any other provision of law, no minor may
be admitted for psychiatric treatment into the same treatment ward as
any adult receiving treatment who is in the custody of any jailor
for a violent crime, is a known registered sex offender, or has a
known history of, or exhibits inappropriate, sexual, or other violent
behavior which would present a threat to the physical safety of
minors.

5755.1. The state mental health plan shall be submitted to the
California Council on Mental Health and the Advisory Health Council
or its successor for review and recommendations as to conformance
with California's comprehensive statewide health plan. The state
mental health plan shall be submitted for review and recommendations
prior to amendments or changes thereto.

5767. The department, in consultation with a statewide organization
representing county mental health services, shall strengthen and
ensure statewide application of managed care principles, building on
existing county systems, to manage the Early Periodic Screening
Diagnosis and Treatment Program benefit while ensuring access to
eligible Medi-Cal recipients.

5768. (a) Notwithstanding any other provision of law, except as to
requirements relating to fire and life safety of persons with mental
illness, the department, in its discretion, may permit new programs
to be developed and implemented without complying with licensure
requirements established pursuant to existing state law.
(b) Any program developed and implemented pursuant to subdivision
(a) shall be reviewed at least once each six months, as determined by
the department.
(c) The department may establish appropriate licensing
requirements for these new programs upon a determination that the
programs should be continued.
(d) Within six years, any program shall require a licensure
category if it is to be continued. However, in the event that any
agency other than the department is responsible for developing a
licensure category and fails to do so within the six years, the
program may continue to be developed and implemented pursuant to
subdivisions (a) and (b) until such time that the licensure category
is established.
(e) (1) A nongovernmental entity proposing a program shall submit
a program application and plan to the local mental health director
that describes at least the following components: clinical treatment
programs, activity programs, administrative policies and procedures,
admissions, discharge planning, health records content, health
records service, interdisciplinary treatment teams, client
empowerment, patient rights, pharmaceutical services, program space
requirements, psychiatric and psychological services, rehabilitation
services, restraint and seclusion, space, supplies, equipment, and
staffing standards. If the local mental health director determines
that the application and plan are consistent with local needs and
satisfactorily address the above components, he or she may approve
the application and plan and forward them to the department.
(2) Upon the department's approval, the local mental health
director shall implement the program and shall be responsible for
regular program oversight and monitoring. The department shall be
notified in writing of the outcome of each review of the program by
the local mental health director, or his or her designee, for
compliance with program requirements. The department shall retain
ultimate responsibility for approving the method for review of each
program, and the authority for determining the appropriateness of the
local program's oversight and monitoring activities.
(f) Governmental entities proposing a program shall submit a
program application and plan to the department that describes at
least the components described in subdivision (e). Upon approval, the
department shall be responsible for program oversight and
monitoring.
(g) Implementation of a program shall be contingent upon the
department's approval, and the department may reject applications or
require modifications as it deems necessary. The department shall
respond to each proposal within 90 days of receipt.
(h) The State Department of Health Services shall allow an
applicant approved by the department with a current health facility
license to place its license in suspense for a period of six years.
At that time the department, in consultation with the State
Department of Health Services shall determine the most appropriate
licensure for the program, pursuant to subdivisions (c) and (d).
(i) The department shall submit an evaluation to the Legislature
of all pilot projects authorized pursuant to this section within five
years of the commencement of operation of the pilot project,
determining the effectiveness of that program or facility, or both,
based on, but not limited to, changes in clinical indicators with
respect to client functions.

5768.5. (a) When a mental health patient is being discharged from
any facility authorized under Section 5675 or 5768, the patient and
the patient's conservator, guardian, or other legally authorized
representative shall be given a written aftercare plan prior to the
patient's discharge from the facility. The written aftercare plan
shall include, to the extent known, the following components:
(1) The nature of the illness and followup required.
(2) Medications, including side effects and dosage schedules. If
the patient was given an informed consent form with his or her
medications, the form shall satisfy the requirement for information
on side effects of the medications.
(3) Expected course of recovery.
(4) Recommendations regarding treatment that are relevant to the
patient's care.
(5) Referrals to providers of medical and mental health services.
(6) Other relevant information.
(b) The patient shall be advised by facility personnel that he or
she may designate another person to receive a copy of the aftercare
plan. A copy of the aftercare plan shall be given to any person
designated by the patient.
(c) For purposes of this section, "mental health patient" means a
person who is admitted to the facility primarily for the diagnosis or
treatment of a mental disorder.

5769. Whenever the director determines that a county's personnel
regulations and procedures are impediments to the timely
implementation of programs developed and implemented pursuant to
Section 5768, the director shall communicate such determination to
the governing body of such county.

5770. Notwithstanding any other provision of law, the department
may directly, or by contract, with any public or private agency,
provide any of the services under this division when the director
determines that the services are necessary to protect the public
health, safety, or welfare.

5770.5. The department shall encourage county mental health
programs to develop and support local programs designed to provide
technical assistance to self-help groups for the purposes of
maintaining existing groups, as well as to stimulate development of
new self-help groups from locally defined needs.

5771. (a) Pursuant to Public Law 102-321, there is the California
Mental Health Planning Council. The purpose of the planning council
shall be to fulfill those mental health planning requirements
mandated by federal law.
(b) (1) The planning council shall have 40 members, to be
comprised of members appointed from both the local and state levels
in order to ensure a balance of state and local concerns relative to
planning.
(2) As required by federal law, eight members of the planning
council shall represent various state departments.
(3) Members of the planning council shall be appointed in a manner
that will ensure that at least one-half are persons with mental
disabilities, family members of persons with mental disabilities, and
representatives of organizations advocating on behalf of persons
with mental disabilities. Persons with mental disabilities and family
members shall be represented in equal numbers.
(4) The Director of Mental Health shall make appointments from
among nominees from various mental health constituency organizations,
which shall include representatives of consumer-related advocacy
organizations, representatives of mental health professional and
provider organizations, and representatives who are direct service
providers from both the public and private sectors. The director
shall also appoint one representative of the California Coalition on
Mental Health.
(c) Members should be balanced according to demography, geography,
gender, and ethnicity. Members should include representatives with
interest in all target populations, including, but not limited to,
children and youth, adults, and older adults.
(d) The planning council shall annually elect a chairperson and a
chair-elect.
(e) The term of each member shall be three years, to be staggered
so that approximately one-third of the appointments expire in each
year.
(f) In the event of changes in the federal requirements regarding
the structure and function of the planning council, or the
discontinuation of federal funding, the State Department of Mental
Health shall propose to the Legislature modifications in the
structure of the planning council that the department deems
appropriate.

5771.1. The members of the Mental Health Services Oversight and
Accountability Commission established pursuant to Section 5845 are
members of the California Mental Health Planning Council. They serve
in an ex officio capacity when the council is performing its
statutory duties pursuant to Section 5772. Such membership shall not
affect the composition requirements for the council specified in
Section 5771.

5771.3. The California Mental Health Planning Council may utilize
staff of the State Department of Mental Health, to the extent they
are available, and the staff of any other public or private agencies
that have an interest in the mental health of the public and that are
able and willing to provide those services.

5771.5. (a) (1) The Chairperson of the California Mental Health
Planning Council, with the concurrence of a majority of the members
of the California Mental Health Planning Council, shall appoint an
executive officer who shall have those powers delegated to him or her
by the council in accordance with this chapter.
(2) The executive officer shall be exempt from civil service.
(b) Within the limit of funds allotted for these purposes, the
California Mental Health Planning Council may appoint other staff it
may require according to the rules and procedures of the civil
service system.

5772. The California Mental Health Planning Council shall have the
powers and authority necessary to carry out the duties imposed upon
it by this chapter, including, but not limited to, the following:
(a) To advocate for effective, quality mental health programs.
(b) To review, assess, and make recommendations regarding all
components of California's mental health system, and to report as
necessary to the Legislature, the State Department of Mental Health,
local boards, and local programs.
(c) To review program performance in delivering mental health
services by annually reviewing performance outcome data as follows:
(1) To review and approve the performance outcome measures.
(2) To review the performance of mental health programs based on
performance outcome data and other reports from the State Department
of Mental Health and other sources.
(3) To report findings and recommendations on programs'
performance annually to the Legislature, the State Department of
Mental Health, and the local boards.
(4) To identify successful programs for recommendation and for
consideration of replication in other areas. As data and technology
are available, identify programs experiencing difficulties.
(d) When appropriate, make a finding pursuant to Section 5655 that
a county's performance is failing in a substantive manner. The State
Department of Mental Health shall investigate and review the
finding, and report the action taken to the Legislature.
(e) To advise the Legislature, the State Department of Mental
Health, and county boards on mental health issues and the policies
and priorities that this state should be pursuing in developing its
mental health system.
(f) To periodically review the state's data systems and paperwork
requirements to ensure that they are reasonable and in compliance
with state and federal law.
(g) To make recommendations to the State Department of Mental
Health on the award of grants to county programs to reward and
stimulate innovation in providing mental health services.
(h) To conduct public hearings on the state mental health plan,
the Substance Abuse and Mental Health Services Administration block
grant, and other topics, as needed.
(i) To participate in the recruitment of candidates for the
position of Director of Mental Health and provide advice on the final
selection.
(j) In conjunction with other statewide and local mental health
organizations, assist in the coordination of training and information
to local mental health boards as needed to ensure that they can
effectively carry out their duties.
(k) To advise the Director of Mental Health on the development of
the state mental health plan and the system of priorities contained
in that plan.
(l) To assess periodically the effect of realignment of mental
health services and any other important changes in the state's mental
health system, and to report its findings to the Legislature, the
State Department of Mental Health, local programs, and local boards,
as appropriate.
(m) To suggest rules, regulations, and standards for the
administration of this division.
(n) When requested, to mediate disputes between counties and the
state arising under this part.
(o) To employ administrative, technical, and other personnel
necessary for the performance of its powers and duties, subject to
the approval of the Department of Finance.
(p) To accept any federal fund granted, by act of Congress or by
executive order, for purposes within the purview of the California
Mental Health Planning Council, subject to the approval of the
Department of Finance.
(q) To accept any gift, donation, bequest, or grants of funds from
private and public agencies for all or any of the purposes within
the purview of the California Mental Health Planning Council, subject
to the approval of the Department of Finance.