5150 (Involuntary psychiatric hold) - Wikipedia, the free encyclopedia

5150 (Involuntary psychiatric hold) - Wikipedia, the free encyclopedia

Section 5150 is a section of the California Welfare and Institutions Code (specifically, the Lanterman–Petris–Short Act or "LPS") which allows a qualified officer or clinician to involuntarily confine a person deemed to have a mental disorder that makes them a danger to him or her self, and/or others and/or gravely disabled.

Undeniable rights

Under California law, the following rights may never be denied (Cal. Welf. & Inst. Code § 5325.1):

• The right to treatment services which promote the potential of the person to function independently. Treatment should be provided in ways that are least restrictive of the personal liberty of the individual.
• The right to dignity, privacy, and humane care.
• The right to be free from harm, including unnecessary or excessive physical restraint, isolation, medication, abuse, or neglect. Medication may not be used as punishment, for the convenience of staff, as a substitute for, or in quantities that interfere with the treatment program.
• The right to prompt medical care and treatment.
• The right to religious freedom and practice.
• The right to participate in appropriate programs of publicly supported education.
• The right to social interaction.
• The right to physical exercise and recreational opportunities.
• The right to be free from hazardous procedures.

Additional rights

Additionally, every mental health client has the right to see and receive the services of a Patients' Rights Advocate. All patients also have the following treatment rights:

• The right to give or withhold informed consent to medical and psychiatric treatment, including the right to refuse medications (WIC-5325.2) except in emergency (W&I 5008 (m)) situations where danger to life is present; or by court order where the patient is found to lack the capacity to give or refuse informed consent via either a Capacity Hearing (see W&I 5332) and also known as a Riese hearing or via conservatorship.
• The right to refuse psychosurgery (Cal. Welf. & Inst. Code § 5326.6).
• The right to refuse electroconvulsive therapy (ECT) unless court ordered (Cal. Welf. & Inst. Code 5326.7.).
• The right to confidentiality (Cal. Welf. & Inst. Code § 5328).
• The right to inspect and copy the medical record, unless specific criteria are met (Cal. Health & Safety Code § 1795).
• The right to have family/friends notified of certain treatment information with patient's permission (Cal. Welf. & Inst. Code § 5328.1).
• The right to an aftercare plan (Cal. Welf. & Inst. Code § 5622).

Deniable rights with good cause

Psychiatric facilities must also uphold the following specific rights, which can be denied only when "good cause" exists.^[4]

• The right to wear one's own clothing.
• The right to keep and use one's own personal possessions, including toilet articles, in a place accessible to the patient.
• The right to keep and spend a reasonable sum of one's money for small purchases.
• The right to have access to individual storage space for one's own use.
• The right to see visitors each day.
• The right to have reasonable access to phones both to make and receive confidential calls.
• The right to have access to letter-writing materials, including stamps.
• The right to mail and receive unopened letters and correspondence.

With good cause

Denying a patient's rights requires good cause. Good cause is defined as the belief of the professional in charge of care for the client that the specific right would cause

1. a danger to self or others;
2. a serious infringement on the rights of others; or
3. serious damage to the facility;

and that there is no less restrictive measure that would protect against those occurrences.
Patient rights cannot be denied as a condition of admission, nor as part of a treatment plan (a doctor may not designate patient rights a 'privilege' or 'punishment'). Any time a right is denied under good cause, it must be documented in the patient's medical record and explained to the patient. The denial must be reviewed regularly and removed once good cause no longer exists.
When a right is denied, the reason given for denying the right must have some clear relationship to the right denied.^[5] For example, a patient may be denied the right to keep his cigarettes (the right to keep and use personal possessions) because he is burning himself and lighting fires, and lesser restrictive alternatives (supervision during designated smoking times) have failed. This rule prevents facilities from denying rights as a form of punishment; for example, if a patient misbehaves by throwing food at another person, then the facility cannot take away personal possessions or deny visitors for the day.

Without good cause

If a right was denied without good cause, a patient can instruct his or her appointed public defender to file an Ex Parte application with the court to restore the right. After filing the application, a hearing is set and an opportunity to be heard by the judge concerning the merits of the case is reviewed; the judge determines if the right will be restored or remain listed as a "good cause" denial. An Ex Parte can bring relief in a matter when a person is deprived of any interest in liberty or property without due process of law.