Update on Solano BH's process for LPS Reform, also known as SB43: The Lanterman-Petris-Short (LPS) Act (Welfare and Institutions Code section 5100, et seq.) provides for the evaluation and treatment of a person who is gravely disabled, which is defined to mean a condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter. The responsibility for administering the LPS system falls largely with counties. Senate Bill 43 (2023-2024 Reg. Session), Statutes 2023, Chapter 637 (SB 43), signed by the Governor on October 10, 2023, expanded the definition of gravely disabled to include a person who, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, or as a result of impairment by chronic alcoholism, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. SB43 allows that the expanded definition of gravely disabled becomes effective on January 1, 2024 or can be deferred to 2026 if a county, by adoption of a resolution of its governing body, elects to defer implementation, thereby postponing implementation of the new definition of grave disability. On December 5, 2023, the Solano County Board of Supervisors elected to defer implementation of changes in Senate Bill (SB) 43 until January 1, 2026 upon recommendation from Solano Behavioral Health. Consequently, we will not be using the expanded definition of grave disability outlined in SB 43 nor will we honor involuntary holds for 5150/5585s for this new population at this time. Please refer to the Board Resolution attached. SB 43’s expansion of the definition of grave disability will require a significant effort in building and expanding the treatment, workforce, delivery networks, housing capacity and models for locked treatment settings or models of care for involuntary SUD treatment to successfully meet the conservatorship needs of the population. The breadth of this effort requires more time than SB 43’s effective date allows. To support training and policy changes, Solano County BH will form a workgroup for our LPS/PES implementation early in the Spring and invited interested partners after discussion in our standing LPS committee. Email [email protected] with any questions.What is an involuntary hold or 5150? 5150 is the number of the section of the Welfare and Institutions Code, which allows an adult who is experiencing a mental health crisis to be involuntarily detained for a 72- hour psychiatric hospitalization when evaluated to be a danger to others, or to himself or herself, or gravely disabled. A person on a 5150 can be held in the hospital involuntarily for up to 72 hours. This does not mean that they will necessarily be held the entire 72 hours; it means that psychiatric hospitals have the legal right to do so if determined to be necessary. A person can be held involuntarily in a psychiatric facility only if he or she meets at least one of the three basic criteria as a result of a mental health disorder: - A danger to others. - A danger to self – Not limited to suicidal behavior. - Gravely disabled – Unable to take care of food, clothing, and housing needs. The law also states that the evaluator shall consider available relevant information about the historical course of the person’s mental illness. Documentation: The Department of Health Care Services (DHCS) has issued an updated DHCS 1801 “Application for up to 72-Hour Assessment, Evaluation, and Crisis Intervention or Placement for Evaluation and Treatment” 5150/5585 form per the update BH Information Notice. The new revision date is 09/2023; Please discontinue use of any previous form versions effective immediately. The most prominent changes on this form revision include: • The detainment start date and time must now be clearly listed on page 1. • Additional line space was provided for the narrative sections on page 1. Only law enforcement personnel or person’s trained and designated by the Solano County Behavioral Health Director may complete it.DHCS 1801 (Revised 09/2023) Form: https://www.dhcs.ca.gov/formsandpubs/forms/Forms/DHCS-1801.pdf Education: Disability Rights California's guide to LPS: https://www.disabilityrightsca.org/publications/understanding-the-lanterman-petris-short-lps-act *Image from: NAMI Santa Clara, https://namisantaclara.org/wp-content/uploads/2019/10/Involutary-Treatment-Law.png QuestionsIf you have any other service questions, call the Behavioral Health Access Line at (800) 547-0495 - Monday through Friday, between the hours of 8:00 am and 5:00 pmThe Access line is not a crisis service.