MHAC Priority Legislation

MHAC Position: Watch

Author: Wiener

Date: 04/26/2024

(1) Existing law provides for the regulation of various professions and vocations by boards established under the jurisdiction of the Department of Consumer Affairs. Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 schedules, and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies dimethyltryptamine, mescaline, 3,4-methylenedioxymethamphetamine (MDMA), ibogaine, psilocybin, and psilocyn as Schedule I substances, and prohibits various actions related to those substances, including their sale, possession, transportation, manufacture, or cultivation.(2) This bill would enact the Regulated Psychedelic-assisted Therapy Act, which would establish the Board of Regulated Psychedelic Facilitators in the Department of Consumer Affairs to license and regulate psychedelic-assisted therapy facilitators, as defined. The bill would require the board to be appointed, as specified, by April 1, 2025. The bill would require the board to establish education, training, and other qualifications and requirements for obtaining a license as a regulated psychedelic-assisted therapy facilitator and would establish conditions of licensure. The bill would require the board to establish license fees for the reasonable regulatory costs to the board to administer the act. The bill would require the board to begin accepting license applications by April 1, 2026. The bill would make a license subject to renewal every 2 years. The bill would create the Regulated Psychedelic-assisted Therapy Fund in the State Treasury, would require all funds received pursuant to the act to be credited to the fund, and would make moneys in the fund available to the board for the act’s purposes upon appropriation by the Legislature. The bill would require the board, in consultation with the Regulated Psychedelic Substances Advisory Committee, which would be created by the bill, to adopt regulations, on or before January 1, 2026, governing the safe provision of regulated psychedelic-assisted therapy, including regulations governing the scope of practice for regulated psychedelic-assisted therapy facilitators and recordkeeping requirements, provided the recordkeeping does not result in the disclosure of personally identifiable information of participants. The bill would require the board to determine which schools and programs meet the requirements of the act and to adopt regulations governing the requirements and process for approving schools and programs related to the provision of regulated psychedelic-assisted therapy. The bill would authorize the board to charge a reasonable fee for the inspection or approval of schools or programs. The bill would make a violation of the act a misdemeanor and subject a licenseholder’s license to suspension for 3 years and a $1,000 fine. The bill would make a violation of specified acts subject to discipline by the board in accordance with specified procedures. By creating a new crime, the bill would impose a state-mandated local program. The bill would make specified practices unfair business practices, including a person without a license holding themselves out as a licensed psychedelic-assisted therapy facilitator. The bill would prohibit a local government from enacting or enforcing an ordinance that conflicts with the act.(3) This bill would enact the Regulated Psychedelic Substances Control Act to establish a comprehensive system to control and regulate the cultivation, distribution, transportation, storage, processing, manufacturing, testing, quality control, and sale of regulated psychedelic substances for use in conjunction with regulated psychedelic-assisted therapy. The bill would define “regulated psychedelic substances” to include dimethyltryptamine; mescaline; 3,4-methylenedioxymethamphetamine (MDMA); psilocybin; psilocyn; and spores or mycelium capable of producing mushrooms that contain psilocybin or psilocyn. The bill would establish the Division of Regulated Psychedelic Substances Control in the Business, Consumer Services, and Housing Agency to administer and enforce the act. The bill would require the division to adopt emergency regulations and to take other actions to carry out its duties under the act, including conducting investigations and employing peace officers. The bill would require the division, no later than April 1, 2025, to convene a Regulated Psychedelic Substances Advisory Committee to advise the division and the Board of Regulated Psychedelic Facilitators on the development of standards and regulations that include best practices and guidelines that protect public health and safety. The bill would require the advisory committee, commencing on January 1, 2026, to publish an annual public report that includes, among other things, the advisory committee’s recommendations to the division and whether those recommendations were implemented. The bill would require the division to adopt regulations for the administration and enforcement of laws regulating regulated psychedelic substances and services, including regulations that, among other things, establish categories of licensure and registration, establish requirements governing the safe provision of regulated psychedelic substances to participants, and that establish requirements governing the licensing and operation of psychedelic therapy centers and approved locations, as defined. The bill would require the division, no later than April 1, 2026, to begin to accept and process applications for licensure. The bill would create the Regulated Psychedelic Substances Control Fund within the State Treasury, and would allocate the funds, upon appropriation by the Legislature, to the division for the purposes of implementing, administering, and enforcing the act. The bill would also create the Regulated Psychedelic Substances Education and Harm Reduction Fund, to be available to the Office of Community Partnerships and Strategic Communications, upon appropriation by the Legislature, to award grants for public education and harm reduction relating to psychedelic substances. The bill would authorize the division to accept moneys from private sources to supplement state funds, which may be appropriated by the Legislature to the fund. The bill would make a violation of the act a misdemeanor and subject to a fine of up to $1,000 and forfeiture of a license granted under the act for 3 years. By creating a new crime, the bill would impose a state-mandated local program. The bill would require the division to work with state and local enforcement agencies to implement, administer, and enforce the division’s rules and regulations.(4) This bill would declare that it is the public policy of the people of the State of California that contracts related to the operation of licenses under the Regulated Psychedelic-assisted Therapy Act and the Regulated Psychedelic Substances Control Act shall be enforceable.(5) This bill would make conforming changes to the California Uniform Controlled Substances Act.(6)This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(7) This bill would state that its provisions are severable.(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

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MHAC Position: Watch

Author: Eggman

Date: 04/26/2024

This bill would require the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a solution to collect, aggregate, and display information about beds in specified types of facilities, including licensed community care facilities and licensed residential alcoholism or drug abuse recovery or treatment facilities, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the solution to be operational by January 1, 2026, or the date the State Department of Health Care Services communicates to the Department of Finance in writing that the solution has been implemented to meet these provisions, whichever date is later.The bill would require the facilities subject to these provisions to submit accurate and timely data to the solution that includes, among other information, the facility’s license type, whether a bed is available, and the target population served at the facility. The bill would require the solution and information contained in the solution to be maintained in compliance with state and federal confidentiality laws. The bill would also prohibit the solution and information contained in the solution from being publically available.The bill would authorize the State Department of Health Care Services to impose a plan of correction against a facility that failed to comply with the requirements of the solution, and if a facility fails to complete a plan of correction, would further authorize the department to impose civil penalties, subject to an appeal and hearing process. The bill would create the Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Solution Maintenance and Oversight Fund for the receipt of any penalties. Because the bill would continuously appropriate moneys in the fund to the State Department of Health Care Services for the administrative costs of implementing these provisions, it would create an appropriation.The bill would authorize the State Department of Health Care Services and the State Department of Social Services to enter into exclusive or nonexclusive contracts or amend existing contracts for the purposes of administering or implementing the solution. The bill would exempt contracts entered into or amended or changes to existing information technology systems made pursuant to these provisions from the requirements of the California State Contracts Register, specified requirements for personal services contracts, the State Contract Act, the Statewide Information Management Manual, and the State Administrative Manual. The bill would further exempt these contracts and changes from review or approval by the Department of General Services. The bill would authorize the State Department of Health Care Services to implement, interpret, or make specific these provisions by means of information notices, provider bulletins, or other similar instructions notwithstanding specific regulatory actions.

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MHAC Position: Watch

Author: Menjivar

Date: 04/26/2024

This bill would require, beginning January 10, 2026, and every 3 years thereafter, the State Department of Health Care Services to prepare and submit a cost study to the appropriate fiscal and policy committees of the Legislature. The bill would require the cost study to evaluate all financial and operational costs associated with licensed congregate living health facilities, as specified. The bill would require the department to consult with congregate living health facility providers, patients or families, caregivers, and other relevant parties in preparing the study. The bill would require the department to increase rates for licensed congregate living facilities if a cost study shows an increase above the Consumer Price index for the years between the submitted studies. The bill would authorize the department to adjust rates to maintain patient access if licensed congregate living health facilities can demonstrate that costs have increased in a single year.

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MHAC Position: Watch

Author: Grove

Date: 04/26/2024

This bill, in the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, would require the facility to provide a description of the incident, in both oral and written forms, to the person subject to the seclusion or behavioral restraint and, as applicable, to the person’s foster parent, guardian, or other authorized representative. The bill would require that the description contain certain information, including the actions taken during the incident and its duration, the rationale for the actions, and the personnel approving and implementing the actions. The bill would require the facility to provide a copy of the written description to the department. This bill would require the State Department of Social Services, by January 1, 2026, to create and post, on its internet website, a public dashboard that is specific to short-term residential therapeutic programs. The bill would require the dashboard to display the above-described data on seclusion or behavioral restraints as applicable to those programs and to display the above-described written descriptions of the incidents. The bill would require the department to update the information on a quarterly basis.Under the bill, copies of the written descriptions and the dashboard would exclude any personally identifiable information, as specified, and the provisions of the bill would be implemented to the extent not in conflict with any applicable federal or state privacy laws.

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MHAC Position: Watch

Author: Eggman

Date: 05/19/2022

Status: Died

Facilities for mental health or SUD crisis: database: This bill would require the State Department of Public Health to develop a real-time internet-based database to collect and display information about beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities in order to facilitate the identification and designation of facilities for the temporary treatment of individuals in mental health or substance use disorder crisis.

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MHAC Position: Watch

Author: Roth

Date: 04/26/2024

This bill would require the department to establish statewide minimum standards for assistance provided by county call centers to applicants or beneficiaries applying for, renewing, or requesting help in obtaining or maintaining Medi-Cal coverage. The bill would require promulgation of the standards in regulation by July 1, 2026, as specified. The bill would require a county to collect and submit to the department call-center data metrics, including, among other information, call volume, average call wait times by language, and callbacks. By creating new duties for counties relating to call-center data, the bill would impose a state-mandated local program. The bill would require the department to prepare a report, excluding any personally identifiable information, on county call-center data, identifying challenges and targets or standards for improvement. The bill would require the department to post the report on its internet website on a quarterly basis no later than 45 calendar days after the conclusion of each quarter, with the initial report due on May 15, 2025.

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MHAC Position: Watch

Author: Roth

Date: 04/26/2024

This bill would express the intent of the Legislature to review California’s essential health benefits benchmark plan and establish a new benchmark plan for the 2027 plan year. The bill would limit the applicability of the current benchmark plan benefits to plan years on or before the 2027 plan year.

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MHAC Position: Watch

Author: Cortese

Date: 04/26/2024

This bill would change the notice period required before proposed closure or elimination of the supplemental service of inpatient psychiatric service or maternity service from 90 days to 120 days. By changing the definition of a crime, this bill would impose a state-mandated local program.Before a health facility may provide notice of a proposed closure or elimination of an inpatient psychiatric service or maternity service, this bill would require the facility to provide an impact analysis report, as specified, regarding the impact on the health of the community resulting from the proposed elimination of the services. The bill would require the health facility to provide the impact analysis report to the Department of Health Care Access and Information for review and certification. By changing the requirements on a health care facility, the violation of which is a crime, this bill would impose a state-mandated local program.The bill would require, after certification, that the impact analysis report be delivered to the local county board of supervisors and to the department. The bill also would require the cost of preparing the impact analysis report to be borne by the hospital. The bill would strongly encourage the board of supervisors to hold a public hearing within 15 days of receipt of the report, as specified, and to post the impact analysis report on its internet website. The bill would require, if the loss of beds will have an impact to on the health of the community, that the State Department of Public Health prioritize and expedite the licensing of additional beds for up to 18 months to replace the number of lost beds.

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MHAC Position: Watch

Author: Wahab

Date: 04/26/2024

Existing law prohibits, except as specified, a person sentenced to imprisonment in a county jail from being administered any psychiatric medication without prior informed consent. Existing law authorizes a county department of mental health, or other designated county department, to administer to an inmate involuntary medication on a nonemergency basis only after the inmate is provided, among other things, a hearing before a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer.Existing law, until January 1, 2025, additionally protects all inmates in a county jail from being administered any psychiatric medication without prior informed consent, with certain exceptions, and imposes additional criteria that must be satisfied before a county department of mental health or other designated county department may administer involuntary medication, including a requirement that the jail first make a documented attempt to locate an available bed for the inmate in a community-based treatment facility, under certain conditions, in lieu of seeking involuntary administration of psychiatric medication. Until January 1, 2025, if an inmate is awaiting resolution of a criminal case, existing law requires that a hearing to administer involuntary medication on a nonemergency basis be held before, and that any requests for ex parte orders be submitted to, a judge in the superior court where the criminal case is pending. Existing law, also until January 1, 2025, sets limits on the amount of time such orders are valid and requires any court-ordered psychiatric medication to be administered in consultation with a psychiatrist who is not involved in the treatment of the inmate at the jail, if one is available.This bill would make the above changes permanent.

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MHAC Position: Watch

Author: Durazo

Date: 11/30/2022

Status: Died

California Youth Apprenticeship Program: This bill would create the California Youth Apprenticeship Program, administered by the Office of the California Youth Apprenticeship Program for the purposes of awarding grant funding to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population. The target population includes individuals aged 16 to 24 years who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Grant funds may be used for purposes that include, but are not limited to: a) instruction and training of apprentices; b) costs related to setting up the program; c) project and case management; d) related instruction costs; e) education or training equipment; f) mental health services, trauma-informed care, and wraparound support services, including child or dependent care.

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MHAC Position: Watch

Author: Ochoa Bogh

Date: 06/21/2022

Status: Died

Homeless and Mental Health Court and Transitioning Home Grant Programs: This bill would establish two new grant programs administered by the Board of State and Community Corrections: 1) the Homeless and Mental Health Court Grant program, which would (subject to appropriation) provide grants to counties for the purpose of establishing or expanding homeless courts and mental health courts; and 2) the Transitioning Home Grant Program that would (subject to appropriation) provide grants to county sheriffs and jail administrators to fund programs aimed at reducing homelessness among people released from custody.

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MHAC Position: Watch

Author: Stern

Date: 11/30/2022

Status: Vetoed

Mental health guaranteed rights: Would add a provision to Division 5 of the Welfare and Institutions Code to read: Part 8. Mental Health Care Guaranteed Rights to Treatment, Housing, and Other Services 5980. Any person that lacks supportive housing and behavioral health care and it otherwise not living safely in the community has a right to mental health care services, housing that heals, and access to a full- service partnership model, including access to treatment beds and a recovery facilitator that shall navigate access to appropriate resources for the person.

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Related Documents

• Bill Fact Sheet