June 27th, 2025
The Honorable Caroline Menjivar
Senate Health Committee
1021 O Street, Room 3310
Sacramento, CA 95814
Re: Opposition to Assembly Bill 416 (Krell)
Dear Chair Menjivar,
The undersigned organizations write in opposition to Assembly Bill 416 (Krell), legislation which expands eligibility for people who can place individuals on a 5150 involuntary hold to include emergency physicians.
We are a coalition of youth, peer, and community-based organizations that envisions a society in which all communities, families and individuals can enjoy full, productive and healthy lives free from discrimination of all kinds regardless of previous or current issues with their mental health or substance use issues. Every person deserves access to appropriate, voluntary services that are delivered in their local community with compassion and respect for everyone’s dignity and autonomy. When an individual is experiencing a crisis, their civil liberties should not be substituted for convenience.
Section 5150 of the Welfare and Institutions Code currently designates who can initiate a 5150 involuntary hold, such as individuals working at county-designated facilities, peace officers, or specific county-designated professionals. ER physicians are already eligible for county designation under “professional person designated by the county”. The intent behind AB 416 is not to clarify state law, but to encourage non-designated ER physicians to gain designation under the guise of reducing overcrowding in Emergency Rooms. This bill represents a clear attempt to increase the number of hold writers and the holds written.
Our behavioral health system should aim at reducing the number of 5150 holds placed on individuals and prioritize the delivery of voluntary, community-based support and services that can prevent individuals from experiencing a mental health crisis. This trend of legislation to increase hold writers via clarity in eligibility represents a lack of due diligence to assess the risk and impact of this expansion. Where do we draw the line? Who is next? Nurses? Teachers? Private Security? The current statute is clear on who is eligible for designation and how to obtain it. Any clarification serves to increase hold writers.
Expanding who can write a 5150 hold does not equate to more effective mental health services and should not be used as a justification to reduce emergency room overcrowding. Investing in strategies that prevent crises, reduce emergency department utilization, and avoid placing a 5150 hold are more effective, person-centered approaches that help reduce systemic burdens. For these reasons, the undersigned organizations oppose AB 416 (Krell) and ask for your “No” vote.
In Community,
Karen Vicari
Director of Public policy
Mental Health America of California
Danny Thirakul
Public Policy Coordinator
California Youth Empowerment Network
Anthony Garibay-Mena
Program Manager
LGBTQ+ Inclusivity, Visibility, and Empowerment (LIVE)
Lynn Rivas
Executive Director
California Association of Peer Run Mental Health Organization