California hospitals must not detain voluntary mental health patients during transfer

Assembly Bill 1196, introduced in California on March 18, 2025, aims to enhance the treatment and transfer protocols for individuals voluntarily seeking care in acute care and psychiatric hospitals. The bill specifically prohibits these hospitals from requiring individuals to be placed in custody under Section 5150 of the Welfare and Institutions Code as a condition for accepting their transfer, provided that the individual has given written consent for treatment and transfer, or there is no evidence of probable cause for detention.

Key provisions of the bill also include protections for rescue teams operating within licensed health facilities. It stipulates that actions taken by these teams during emergency resuscitation efforts will not result in liability for the health facility or its staff, as long as they act in good faith. The bill defines a "rescue team" as a specialized group of trained medical professionals designated to respond to life-threatening situations.

The introduction of Assembly Bill 1196 has sparked discussions among lawmakers and healthcare professionals regarding its implications for patient rights and hospital protocols. Supporters argue that the bill will facilitate timely care for individuals in crisis, reducing barriers to treatment. However, some critics express concerns about the potential for misuse of the voluntary consent provision, fearing it may lead to inadequate protections for vulnerable individuals.

The bill's passage could have significant social implications, particularly in improving access to mental health services and emergency care. By streamlining the transfer process for individuals seeking help, it aims to address the urgent need for timely intervention in mental health crises. As the legislative process unfolds, stakeholders will be closely monitoring the debates and potential amendments that may arise as the bill moves through the California legislature.