California 2025-2026 Regular Session

California Assembly Bill AB416

Introduced
2/5/25  
Refer
2/18/25  
Report Pass
4/2/25  
Refer
2/18/25  
Refer
4/2/25  
Refer
4/2/25  
Report Pass
5/6/25  
Engrossed
5/15/25  
Refer
5/15/25  
Refer
5/28/25  
Report Pass
7/3/25  
Refer
7/3/25  
Report Pass
7/16/25  
Refer
7/17/25  
Refer
8/18/25  
Report Pass
8/29/25  
Enrolled
9/4/25  
Enrolled
9/4/25  
Chaptered
10/13/25  

Caption

An act to amend Sections 5113 and 5121 of the Welfare and Institutions Code, relating to behavioral health.

Summary

AB 416 amends the Lanterman-Petris-Short Act provisions governing who may initiate a 72-hour involuntary detention for evaluation and treatment when a person is believed to be a danger to self, a danger to others, or gravely disabled due to a mental health disorder. The bill requires county behavioral health directors, when setting up designation and training procedures for professionals authorized to perform Section 5150 functions, to include emergency physicians as an eligible practice discipline. It also defines “emergency physician” as a physician and surgeon who provides medical screening and treatment in a general acute care hospital emergency department. The bill also extends existing liability protections to emergency physicians who are responsible for detaining a person under these provisions. Under current law, certain facilities, facility leaders, designated professional persons, and peace officers are shielded from civil and criminal liability for actions taken by a person released at or before the end of the detention period; AB 416 adds emergency physicians to that protection when they are acting in the detainment role. The bill does not change the basic training, application, approval, or revocation process counties use for designating professionals, but it does require counties to treat emergency physicians as a permissible category for designation. AB 416’s practical effect is to broaden the pool of clinicians who may be county-designated to carry out involuntary hold functions, potentially allowing emergency departments to play a larger role in crisis response and psychiatric detention decisions. It affects county behavioral health directors, designated professionals, emergency physicians, and the systems used to process and review Section 5150 designations. The bill is framed as a behavioral health and public safety measure rather than a funding or mandate-heavy local program, and the digest notes it is not an appropriation and not a fiscal committee bill. The overall sentiment reflected in the voting history is strongly supportive and largely noncontroversial. The bill advanced with unanimous or near-unanimous votes at multiple stages, including 15-0, 12-0, 71-0, 11-0, 13-0, 7-0, 7-0, 40-0, and 75-0. No committee transcript concerns are provided, and the available history suggests broad bipartisan agreement that emergency physicians should be included in the designation framework. The main point of potential contention, based on the text itself rather than recorded debate, is the expansion of authority to another class of medical professionals in the involuntary commitment process. That could raise questions about training consistency, county implementation, and liability exposure, but the bill addresses those concerns by preserving the existing designation and training requirements and by expressly extending liability protection. No recorded opposition appears in the provided materials.

Impact

AB 416 amends Welfare and Institutions Code Sections 5113 and 5121. It requires county behavioral health directors to include emergency physicians among the practice disciplines eligible for county designation to perform Section 5150 duties, and it extends civil and criminal liability immunity to emergency physicians responsible for detaining a person under those provisions. The bill leaves intact the existing county designation, training, application, approval, and revocation framework, but it expands who counties may designate and who is protected when acting under the involuntary hold statutes.

Sentiment

The bill appears to have enjoyed broad support and little visible opposition. Every recorded vote in the provided history was unanimous, including committee and floor votes in both houses, indicating a strong consensus that emergency physicians should be added to the list of professionals eligible for designation under the involuntary hold process. No committee transcript is provided, so there is no recorded debate to suggest significant controversy.

Contention

The likely substantive issue is whether emergency physicians should be added to the group of professionals authorized to initiate or carry out Section 5150 detentions, because that expands participation in a sensitive involuntary commitment process. Related concerns could include whether emergency physicians receive sufficient county-specific training, how counties will implement the new designation requirement, and whether extending liability immunity is appropriate. The bill addresses these concerns by preserving the existing training and approval structure and by limiting the new immunity to emergency physicians acting in the detainment role.

Companion Bills

No companion bills found.

Previously Filed As

CA AB308

An act to add Chapter 10 (commencing with Section 8300) to Division 8 of Section 4755 to the Welfare and Institutions Code, relating to behavioral health. developmental services.

CA SB1221

Lanterman-Petris-Short Act: conservatorships.

CA HB935

To amend sections 149.43, 2101.24, 2108.90, 2945.38, 2945.39, 2945.401, 5122.01, 5122.02, 5122.03, 5122.05, 5122.09, 5122.10, 5122.11, 5122.111, 5122.112, 5122.12, 5122.13, 5122.14, 5122.141, 5122.15, 5122.20, 5122.23, 5122.25, 5122.26, 5122.27, 5122.271, 5122.29, 5122.31, 5122.311, 5122.35, 5122.36, 5122.38, 5122.41, 5122.43, 5123.01, 5123.21, 5123.39, 5123.57, 5123.58, 5123.61, 5123.70, 5123.71, 5123.73, 5123.74, 5123.75, 5123.76, 5123.79, 5123.81, 5123.811, 5123.86, 5123.89, 5123.92, 5123.95, 5123.96, and 5123.97 and to enact section 5122.051 of the Revised Code to allow a criminal court to determine whether a defendant is a mentally ill person subject to a court order or a person with an intellectual disability subject to institutionalization if the criminal court is determining whether the defendant is competent to stand trial.

CA HB58

Create recovery housing residences certificate of need program

CA AB348

Full-service partnerships.

CA AB225

An act to add Section Sections 1371.143 and 128739 to, and to add Article 4 (commencing with Section 127480) to Chapter 2.5 of Part 2 of Division 107 of, the Health and Safety Code, and to add Section 10123.858 to the Insurance Code, relating to health care.

CA SB16

An act to amend Section 5121 of the Welfare and Institutions Code, relating to mental health.

CA S1314

Amends and repeals existing law to revise provisions regarding the Board of Health and Welfare, substate administrative regions, and regional behavioral health boards.

CA AB300

An act to amend Sections 51178 and 51181 of the Government Code, and to amend Sections 4202 and 4204 of the Public Resources Code, relating to land use.

CA HB0572

Behavioral Health, Mental Health, and Social Services Amendments

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