5150. When any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation.

5151. If the facility for 72-hour treatment and evaluation admits the person, it may detain him or her for evaluation and treatment for a period not to exceed 72 hours.

Arrowhead Regional Medical Center (ARMC) has a long-standing policy in effect that they say gives them the right to detain patients longer, sometimes much longer, than 72 hours as authorized by Welfare and Institution Code sections 5150-5151.  San Bernardino County’s crack legal beagles has interpreted these code sections to mean that the 72 hours does not start until the patient is admitted.  That seems like a minor problem unless one understands the “admission process.”

ARMC’s admission process often takes 24-48 hours.  When patients are brought in to ARMC for evaluation, they go through what most would think is the evaluation process.  They are searched; asked to change into hospital garments; asked about medications, etc.; urine and blood samples are taken; a medical, family and social history is taken; an EKG is performed; and they are seen by a RN, an MD, and a psychiatrist for evaluations.  However, none of this is considered part of the “72-hour evaluation.”  It is not until after all of this is done and the patient is transferred from a room in the Triage Unit to a room in a regular unit does the 72 hours begin.

Continue reading →