California Amends '5150 Hold' Law to Allow Telehealth Evaluations

California lawmakers have amended a long-standing law regulating involuntary commitment to a mental health institution to allow psychiatric evaluations to be done by telehealth.

The Lanterman-Petris-Short Act, signed into law in 1967 by then-Governor Ronald Reagan, eliminated most hospital commitments by the judiciary system and, among other things, laid the ground rules for 72-hour involuntary commitments for individuals with mental health issues who were considered a danger to themselves or others.

Commonly called 5150 holds, these committals were only facilitated after a qualified care provider evaluated the patient in person. But last year, the state government amended the rules to allow for face-to-face evaluations via a synchronous telemedicine platform.

California is one of several states that have sought to integrate telehealth into ED treatment and law enforcement situations, especially with psychiatric evaluations. Just last month, an Oklahoma lawmaker resubmitted a bill that would allow police officers dealing with someone in a mental health crisis to use telehealth to connect with a mental health care provider.

Last year, Avera Health launched a program designed to give South Dakota law enforcement and court officials on-demand access to telemental health professionals.

“Virtual Crisis Care is developed to initiate assessment when the call for help comes to first responders and law enforcement officers,” Avera eCARE CEO Deanna Larson said at the time. “The virtual access fills a critical gap, providing on-the-spot access to mental health care services while connecting people to local resources.”

“This will be an asset for law enforcement who suspect someone may have a mental health issue and for probation officers monitoring people after sentencing,” South Dakota Chief Justice David Gilbertson added. “If we could give access to mental health expertise to professionals throughout the system from attorneys to judges, it could revolutionize the South Dakota criminal justice system.”

States are looking at telehealth as a means of reducing time spent finding an available care provider and improving access to care.

“The inclusion of telehealth technology as a way to evaluate and assess 5150 holds is indicative of the prevalence of telehealth technology as a modern form of health care delivery,” Claire Marblestone, a partner with the Foley & Lardner law firm, wrote in a recent blog. “The updates to the law will allow California hospitals to further integrate telehealth technology in their emergency departments, and may ease the burden on hospitals and professionals conducting these assessments. As this issue develops, other states may update their involuntary commitment laws to allow for the use of telehealth for similar psychiatric evaluations and assessments.”