Position Category: Senate Bill

SB 331 (MENJIVAR) Expanding eligibility for involuntary commitment – Oppose Unless Amended

April 4, 2025


Honorable Caroline Menjivar
Chair, Senate Health Committee
California Senate
1021 O Street, Room 1200
Sacramento, CA 95814

RE: SB 331 (Menjivar) as amended 03/24/25 – OPPOSE UNLESS AMENDED

Dear Chair Menjivar:

On behalf of Disability Rights California (DRC), we write to express our opposition to SB 331 unless amended. This bill would significantly expand eligibility for involuntary commitment.

SB 331 defines “mental health disorder” as a condition outlined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM). Under current law, “mental health disorder” is not defined in statute or regulation. Notably, there was a definition in regulation similar to that proposed by this bill but that regulation was repealed.

The definition of mental health disorder is important for determining eligibility for involuntary commitment, as there must be a nexus between an individual’s mental health disorder and harmful behaviors to meet involuntary commitment criteria.1

The DSM includes a broad range of conditions, many of which are concerning when considered as potential grounds for involuntary commitment under SB 331. The DSM-5-TR, the most recent version, lists 265 conditions, including developmental disabilities, substance disorders, caffeine use disorder, restless leg syndrome, female sexual interest/arousal disorder, and erectile disorder.2 The historical discrimination within the DSM, reflecting societal attitudes, cannot be overlooked. For example, the first two versions of the DSM classified “homosexuality” as a mental disorder, and the current edition includes “gender dysphoria.” Clearly, the DSM includes conditions that are inappropriate for involuntary commitment.

In practice, “mental health disorder” is generally understood to refer to conditions appropriate for inpatient psychiatric treatment, as supported by state and federal law. This understanding aligns with the Lanterman-Petris-Short (LPS) Act, which mandates that individuals involuntarily committed receive appropriate treatment services to “promote the potential of the person to function independently” in the least restrictive environment.3 Involuntarily institutionalizing people who cannot be treated for the condition for which they are held is a violation of the Americans with Disabilities Act.4

We believe this provision should be removed from the bill but if that is not acceptable we would like to work with you on language.

Our remaining concerns center primarily on the process by which the bill seeks to permit an original petitioner to continue in that role after the initial court appearance. There are several sections in the bill where this is addressed, and we find it confusing to use the term “nonsubstituted petitioner” as we try to understand the meaning of each instance. We understand the bill will be amended to require the respondent’s consent and we do see that as an improvement.

For the reasons outlined above, we respectfully oppose SB 331 unless
amended.


Sincerely,

Deb Roth
Senior Legislative Advocate
Disability Rights California

Samuel Jain
Senior Policy Attorney
Disability Rights California

cc: Reyes Diaz, Principal Consultant, Senate Health Committee

1 Welfare & Institutions Code § 5150(a).
2 American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed. 2013), table of contents available at: https://www.psychiatry.org/File%20Library/Psychiatrists/Practice/DSM/APA_DSM-5-Contents.pdf
3 Welfare & Institutions Code § 5325.1(a).

SB 622 (GROVE) Sex-segregated school programs and activities – Oppose

April 15th, 2025

The Honorable Sasha Renée Pérez
Chair, Senate Education Committee
1021 O Street, Room 6740
Sacramento, CA 95814

Re: LIVE Opposition of Senate Bill 622 (Grove)

Dear Chair Pérez, 

LGBTQ+ Inclusivity, Visibility, and Empowerment (LIVE) strongly opposes Senate Bill 622 (Grove), which would remove protections that currently allow transgender youth to participate in sex-segregated school programs and activities consistent with their gender identity and instead mandate that they participate based on their sex assigned at birth.

LIVE is a program of changemakers that celebrates LGBTQ+ diversity and creates a more inclusive world where LGBTQ+ community members can live authentically. LIVE creates positive change by uplifting and empowering individuals to bolster their voices in policy, stigma reduction and unifying community. LIVE is committed to advocating for the health, wellness, and rights of the LGBTQ+ community, ensuring that all individuals can thrive without facing discrimination or barriers to their livelihood. 

Senate Bill 622 (Grove) poses an existential threat to transgender youth by denying their participation in school programs and activities that support their gender identity. This bill not only prevents transgender individuals from participating but forces them to participate in an environment that requires them to deny who they are. According to a 2023 report from The Trevor Project, there has been a 72% increase in suicide attempts among transgender youth due to the rise in anti-transgender laws.[1] These laws attempt to erase the existence of the transgender community and further jeopardizes the health and safety of transgender youth.

It is for these reasons that LIVE opposes SB 622 (Grove) and asks for your “No” vote. If you have any questions, or if LIVE can provide assistance on this bill or any other legislation, please do not hesitate to contact me at agaribaymena@mhac.org or our Public Policy Coordinator, Danny Thirakul, at dthirakul@mhac.org.   

In Community,  

Anthony Garibay-Mena 
LGBTQ+ Inclusivity, Visibility, and Empowerment 
Program Manager 

[1] News, T. (2025a, February 11). Anti-transgender laws cause up to 72% increase in suicide attempts among transgender and nonbinary youth, study shows. The Trevor Project.

SB 59 (Wiener) Change of Gender and Sex Identifier – Support

April 15th, 2025

The Honorable Thomas Umberg
Senate Judiciary Committee
1021 O Street, Room 3240
Sacramento, CA 95814

RE: LIVE Support for Senate Bill 59 (Wiener)

Dear Chair Umberg,

LGBTQ+ Inclusivity, Visibility, and Empowerment (LIVE) is pleased to support Senate Bill 59 (Wiener), legislation that would expand confidentiality protections for all individuals petitioning for a change of gender and sex identifier.

LIVE is a program that celebrates LGBTQ+ diversity and advocates for an inclusive world where all individuals can live authentically and safely. LIVE empowers individuals to amplify their voices in policy, reduce stigma, and strengthen community unity. As anti-transgender legislation continues to be introduced, LIVE is committed to advocating for their existence and rights to vital services.

SB 59 (Wiener) protects individuals who are petitioning to change their gender or sex identifier on official documents. It ensures that these petitions are sealed to protect the privacy and identity of transgender individuals. By sealing the petition and related documents, this bill prevents members of the public from accessing sensitive and private information. This protection is critical for safeguarding individuals from potential discrimination or harassment.

Transgender individuals consistently struggle to access housing and healthcare services due to the mismatch of their gender identity and the gender indicated on identification documents. This mismatch exposes them to potential discrimination and denial of vital services. Although transgender individuals can petition the court to correct their documents, the petition and related filings may still expose sensitive information. This bill takes the first step to ensure gender identity is not a barrier to services and supports that affirm gender identity.  

It is for these reasons that LIVE supports SB 59 (Wiener) and asks for your “Aye” vote. If you have any questions, or if LIVE can provide assistance on this bill or any other legislation, please do not hesitate to contact me at agaribaymena@mhac.org or our Public Policy Coordinator, Danny Thirakul, at dthirakul@mhac.org.   

In Community,  

Anthony Garibay-Mena 
LGBTQ+ Inclusivity, Visibility, and Empowerment 
Program Manager 

Joint Sunset Review – Board of Psychology – Exception to Psychotherapist-Patient Privilege for Board Investigations—OPPOSE

May 19th, 2025

Marc Berman
Chair, Assembly Committee on Business and Professions
1020 N Street, Room 379
Sacramento, CA 95814

Angelique Ashby
Chair, Senate Committee on Business, Professions, and Economic Development 
1021 O Street, Room 3320
Sacramento, CA 95814

RE: Joint Sunset Review – Board of Psychology – Exception to Psychotherapist-Patient Privilege for Board Investigations—OPPOSE

Dear Chair Berman and Chair Ashby,   

Mental Health America of California (MHAC) would like to express opposition to the California Board of Psychology’s proposed exception to the psychotherapist-patient privilege in Board investigations (Proposal #1 of Section 10 of the Sunset Review Report, page 97) and request that proposal not move forward. The proposal would establish a psychotherapist-patient privilege exception for Board investigations.

MHAC is a peer-run organization leading the state in behavioral health public policy and advocacy since 1957. The mission of MHAC is to assist and encourage communities, families and individuals to experience hope, wellness and recovery from mental health and substance use disorder issues. The people and communities we aim to serve include those of all ages; sexual orientation, gender identity or expression; language, racial and ethnic backgrounds, national origin, and immigration status; spirituality and religious affiliations; or socioeconomic status. Our communities rely on the expectation of privacy when accessing mental health care.

Currently, if a patient refuses to disclose records in a Board investigation, the Board has recourse to obtain the records through a subpoena and obtain a civil court order to enforce the subpoena. This ensures that the Board demonstrates compelling interest that the disclosure of such records is relevant and material to the issue. This court process offers the Board an avenue to obtain records while upholding the psychotherapist’s duty to patient privilege and protecting the patient’s constitutional right to privacy.

Confidentiality is essential to successful psychotherapy because it allows for open dialogue between the Psychologist and the patient on extremely personal and sensitive issues. Patients rely on the expectation of privacy every time they attend a therapy session, and without the guarantee of privacy, patients will be less likely to be forthcoming with their therapist and possibly be less likely to seek care.

In addition, this proposal has the potential to severely undermine the quality and effectiveness of psychotherapy. If Psychotherapists fear that their client records could be seized without proper protections, this could result in less than accurate and potentially reductive work products.

The Board has reported that over the last four years it has had to close only three cases due to an inability to access records. The low number of cases being closed does not provide any significant or compelling arguments for a psychotherapist-patient privilege exception. It is for these reasons that MHAC asks you not to move forward with the Board’s proposal. If you have any questions, or if MHAC can provide any assistance on this issue or any behavioral health legislation, please do not hesitate to contact me at hstrunk@mhac.org or our Director of Public Policy, Karen Vicari, at kvicari@mhaofca.org. 

In Community,   

Heidi L. Strunk   

President & CEO 

Cc:       Honorable Members, Assembly Business and Professions Committee
Honorable Members, Senate Business and Professions and Economic Development Committee
Kaitlin Curry, Consultant, Assembly Business and Professions Committee
Anna Billy, Consultant, Senate Business and Professions and Economic Development Committee

SB 812 (ALLEN) Qualified Youth Drop-In Center Health Care – Support

April 16th, 2025

The Honorable Caroline Menjivar
Chair, Senate Health Committee
1021 O Street, Room 3310
Sacramento, CA 95814

RE: CAYEN Support for Senate Bill 812 (Allen)

Dear Chair Menjivar,   

The California Youth Empowerment Network (CAYEN) is pleased to support Senate Bill 812 (Allen), legislation that would expand coverage of mental health and substance use services provided at qualified youth drop-in centers.

CAYEN is a youth-led statewide network comprised of TAY Action Teams and CAYEN Board members that engages, empowers, and represents Transitional Age Youth (TAY), ages 15-26, in mental health advocacy on issues that directly affect TAY. Since CAYEN’s inception in 2006, CAYEN has taken many forms of action to empower TAY in their personal lives and spark progressive change in public policy.   

As California continues to expand mental health and substance use services for children and youth, significant barriers such as transportation or uncertainty about how to find care continue to limit access. Youth drop-in centers offer a non-traditional approach to support youth by being available outside of school hours and in some cases off campus. However, the inability of centers to be reimbursed for medically necessary services to youth may prevent youth from accessing services out of fear of being denied if they lack appropriate coverage.

Additionally, when centers are unable to receive reimbursement for the medically necessary services they provide, they are left with two difficult choices: absorb the cost or turn youth away. Both options compromise the center’s sustainability and reduce access for youth in need of services. This bill requires health plans and Medi-Cal to reimburse youth drop-in centers for services delivered, ensuring these safe spaces remain accessible to youth who need them most.

For these reasons, CAYEN supports SB 812 (Allen) and asks for your “Aye” vote. If you have any questions, or if CAYEN can provide assistance on this bill or any other behavioral health legislation, please do not hesitate to contact me at dthirakul@mhac.org or our Director of Public Policy, Karen Vicari, at kvicari@mhaofca.org.  

Sincerely,  

Danny Thirakul 
California Youth Empowerment Network 
Public Policy Coordinator 

SB 306 (BECKER) Honoring Physician Decisions Act – Support

April 16th, 2025

The Honorable Caroline Menjivar
Chair, Senate Health Committee
1021 O Street, Room 3310
Sacramento, CA 95814

RE: MHAC Support for SB 306 (Becker)

Dear Chair Menjivar,   

Mental Health America of California (MHAC) is pleased to support Senate Bill 306 (Becker), legislation that would exempt commonly approved healthcare services from requiring prior authorization.

MHAC is a peer-run organization leading the state in behavioral health public policy and advocacy since 1957. The mission of MHAC is to assist and encourage communities, families and individuals to experience hope, wellness and recovery from mental health and substance use disorder issues through voluntary services that are delivered in their local community with compassion and respect for everyone’s dignity and autonomy.

Commonly covered mental health and substance use services include various forms of therapy or counseling and medication management. This bill ensures that health plans that approve 90% or more of prior authorization requests for a given service in the previous year must exempt that service from prior authorization for the following year. This will help streamline access to commonly utilized mental health and substance use services and ensure more timely care.

It is for these reasons MHAC supports SB 306 (Becker) and asks for your “Aye” vote. If you have any questions, or if MHAC can provide any assistance on this bill or any behavioral health legislation, please do not hesitate to contact me at hstrunk@mhac.org or our Director of Public Policy, Karen Vicari, at kvicari@mhaofca.org. 

In Community,   

Heidi L. Strunk   
President & CEO 

SB 338 (BECKER) Mobile Health for Rural Communities Pilot Program – Support

April 16th, 2025

The Honorable Caroline Menjivar 
Chair, Senate Health Committee 
1021 O Street, Room 3310
Sacramento, CA 95814

RE: Support for Senate Bill 338 (Becker)

Dear Chair Menjivar,   

Mental Health America of California (MHAC), the California Youth Empowerment Network (CAYEN) and LGBTQ+ Inclusivity, Visibility, and Empowerment (LIVE) are pleased to support Senate Bill 338 (Becker), legislation that would establish the Mobile Health for Rural Communities Pilot Program with the goal of increasing access to health services, including mental health, for rural communities.

MHAC, CAYEN, and LIVE are dedicated to advancing mental health, wellness, and equity through community-led advocacy, education, and empowerment. By centering the voices of those with lived experience, including youth, LGBTQ+ individuals, and people living with mental health and substance use challenges, we aim to reduce stigma, influence public policy, and create inclusive environments where everyone has access to vital community-based culturally responsive mental health and substance use supports and services.

Access to these services is extremely challenging for individuals in the rural communities, especially youth and the LGBTQ+ community. People often travel for hours for in-person services. Additionally, rural communities lack the appropriate internet infrastructure to support telehealth or virtual services. Senate Bill 338 (Becker) invests in mobile health, bringing services directly to communities in need, reducing barriers to access in-person and virtual health services.

It is for these reasons MHAC, CAYEN, and LIVE support SB 338 (Becker) and respectfully ask for your “Aye” vote. If you have any questions or need further assistance, please do not hesitate to contact MHAC’s Director of Public Policy, Karen Vicari, at kvicari@mhaofca.org, CAYEN’s Public Policy Coordinator Danny Thirakul at dthirakul@mhac.org, or LIVE’s Project Manager Anthony Garibay-Mena at agaribaymena@mhac.org.

In Community,   

Heidi L. Strunk   
President & CEO 


Danny Thirakul 
California Youth Empowerment Network 
Public Policy Coordinator 

Anthony Garibay-Mena 
LGBTQ+ Inclusivity, Visibility, and Empowerment 
Project Manager 

SB 691 (WAHAB) Prohibition on Body-Worn Cameras – Support

April 22nd, 2025

The Honorable Jesse Arreguín
Senate Public Safety Committee
1020 N Street, Room 545
Sacramento, CA 95814

RE: Support for Senate Bill 691 (Wahab)

Dear Chair Arreguín,   

Mental Health America of California (MHAC) is pleased to support Senate Bill 691 (Wahab), legislation that would require guidance to law enforcement personnel who wear body-worn cameras to limit the recording of medical or psychological evaluations, procedures, or treatment that may cause embarrassment or humiliation to the patient. The bill would also require a procedure for emergency service personnel to request the redaction of evidentiary recordings of a patient undergoing medical or psychological evaluation, procedure, or treatment.

MHAC is a peer-run organization leading the state in behavioral health public policy and advocacy since 1957. The mission of MHAC is to assist and encourage communities, families and individuals to experience hope, wellness and recovery from mental health and substance use disorder issues through voluntary services that are delivered in their local community with compassion and respect for everyone’s dignity and autonomy. The types of services and supports individuals receive during a mental health crisis require trust, rapport with providers, and an assurance of confidentiality.

People experiencing a mental health crisis are often in an immensely vulnerable, isolating, and sometimes life-threatening situation. In the event an individual must be forced into treatment, their right to privacy must be prioritized and upheld. Furthermore, recordings and sharable videos of individuals without their consent during moments of crisis may be used to further inflame and stigmatize individuals during assessments or conservatorship investigations. These potentially singular moments of crisis should not be used to define the entirety of an individual’s journey towards wellness.

MHAC is committed to reducing stigma and empowering individuals to seek and accept support and services for mental health challenges. A moment of crisis should not define them or prohibit their ability to establish a path towards recovery that works for them. It is for these reasons MHAC supports SB 691 (Wahab) and asks for your “Aye” vote. If you have any questions, or if MHAC can provide any assistance on this bill or any behavioral health legislation, please do not hesitate to contact me at hstrunk@mhac.org or our Director of Public Policy, Karen Vicari, at kvicari@mhaofca.org. 

In Community,   

Heidi L. Strunk   
President & CEO 

SB 497 (WEINER) Protecting Gender Affirming Care – Support

April 22nd, 2025

The Honorable Jesse Arreguín
Senate Public Safety Committee
1020 N Street, Room 545
Sacramento, CA 95814

Re: Support for Senate Bill 497 (Weiner)

Dear Chair Arreguín, 

LGBTQ+ Inclusivity, Visibility, and Empowerment (LIVE) is pleased to support SB 497 (Weiner), legislation that protects an individual’s rights to gender-affirming care by:

1) prohibiting the disclosure of information related to an individual’s gender-affirming care to out-of-state entities, and

2) limiting the sharing of data from the Controlled Substances Utilization Review and Evaluation System (CURES), as it may be used to identify individuals receiving gender-affirming care.

LIVE is a program of changemakers that celebrates LGBTQ+ diversity and creates a more inclusive world where LGBTQ+ community members can live authentically. LIVE creates positive change by uplifting and empowering individuals to bolster their voices in policy, stigma reduction and unifying community. LIVE is committed to advocating for the health, wellness, and rights of the LGBTQ+ community, ensuring that all individuals can thrive without facing discrimination or barriers to their livelihood.   

Anti-transgender laws continue to rise across the nation, prohibiting the utilization of essential services, facilities, and healthcare aligned with people’s gender identity. These laws are aimed at erasing the transgender community, denying their entire existence. California is a sanctuary state for the LGBTQ+ community, protecting them from discriminatory policies and ensuring access to care. This bill further strengthens California as a sanctuary for the LGBTQ+ community by protecting people who come from out of state to seek gender-affirming care. By ceasing coordination with out of state entities and prohibiting data sharing related to gender affirming care, this bill ensures individuals can seek care without fear of civil or criminal prosecution.

It is for these reasons that LIVE supports SB 497 (Weiner) and asks for your “Aye” vote. If you have any questions, or if LIVE can provide assistance on this bill or any other legislation, please do not hesitate to contact me at agaribaymena@mhac.org or our Public Policy Coordinator, Danny Thirakul, at dthirakul@mhac.org.  

In Community,  

Anthony Garibay-Mena 
LGBTQ+ Inclusivity, Visibility, and Empowerment 
Program Manager 

SB 367 (ALLEN) Expand the Lanterman Petris Short (LPS) Act – Oppose

April 4th, 2025

The Honorable Caroline Menjivar
Senate Health Committee
1021 O Street, Room 3310
Sacramento , CA 95814

RE: OPPOSE Senate Bill 367 (Allen)

Dear Chair Menjivar,   

Mental Health America of California (MHAC) respectfully opposes Senate Bill 367 (Allen), which would expand Lanterman Petris Short (LPS) Act involuntary commitment and conservatorship statutes by: 1) Requiring information about the historical course of a person’s medical, psychological, educational, social, financial, and legal conditions to be included in the assessment for an involuntary hold; 2) Authorizing conservatorships for people who have accepted voluntary care; and 3) Expanding the list of individuals or entities that can recommend conservatorship. These expansions of current law will risk infringing on peoples’ civil rights by inappropriately increasing conservatorships.  

MHAC is a peer-run organization leading the state in behavioral health public policy and advocacy since 1957. The mission of MHAC is to assist and encourage communities, families and individuals to experience hope, wellness and recovery from mental health and substance use disorder issues through voluntary services that are delivered in their local community with compassion and respect for everyone’s dignity and autonomy. In accordance with our mission, MHAC supports increasing the availability of voluntary, accessible, culturally responsive, community-based services.

MHAC is opposed to SB 367 for the following reasons:

Requiring information about the historical course of a person’s medical, psychological, educational, social, financial, and legal conditions to be included in the assessment for an involuntary hold is an egregious and inappropriate expansion of involuntary commitment statute. Current law requires information on the historical course of a person’s mental disorder be considered only if it is determined that the information has a “reasonable bearing” on whether the individual meets criteria for involuntary treatment. Furthermore, current statute specifies limited sources of the historical information.[1] In contrast, SB 367 requires information on the historical course of a broad range of factors that are not relevant to an immediate mental health crisis, including educational, social, financial, and legal. We struggle to understand how the historical course of an individual’s education, for example, bears on their potential status as currently gravely disabled. Requiring this information in assessments risks wrongful involuntary commitments based on bias and prejudice rather than immediate mental health needs, and threatens the privacy of the individual. Furthermore, by not limiting or specifying the sources of this information, the bill would create excessive burdens on evaluation staff who are now required to collect this historical information.

Allowing conservatorships for individuals who have “demonstrated an inability to follow through with stated plans of self-care” is untenably broad and will likely result in wrongful conservatorships. Self-care is a term that can encompass a wide range of activities, including simple things like getting outside, getting enough sleep, meditating, etc.. Moreover, “stated plans” is a vague term that implies an unwritten expression of self-care goals.

Conservatorships remove individuals’ rights, autonomy and self-determination and should only be used when absolutely necessary and only after significant evaluation of the individual’s mental health. SB 326 expands authority to recommend conservatorships to a judicial officer, a treating physician or an emergency physician. These individuals are not likely to have sufficient knowledge of an individual’s mental health history to make an accurate conservatorship recommendation, which runs the risk of inappropriately increasing unnecessary conservatorships.

It is for these reasons MHAC is opposed to SB 326 (Allen). If you have any questions, or if MHAC can provide any assistance on this bill or any behavioral health legislation, please do not hesitate to contact me at hstrunk@mhac.org or our Director of Public Policy, Karen Vicari, at kvicari@mhaofca.org. 

In Community,   

Heidi L. Strunk   
President & CEO 

[1] California Welfare & Institutions Code Section 5150.05