Historical Information Provided By Family Member Or Other Concerned Party - El Dorado County Page 4
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4California AB 1424
On October 4, 2001 Assembly Bill 1424 (Thomson-Yolo D) was signed by the Governor and chaptered into law. The
law became effective Jan. 1, 2002. AB 1424 modifies the LPS Act (Lanterman, Petris, Short Act), which governs
involuntary treatment for people with mental illness in California. The legislative intent is as follows:
Many families of persons with serious mental illness find the Behavioral Healthcare System difficult to access
and not supportive of family information regarding history and symptoms. Persons with mental illness are
best served in a system of care that supports and acknowledges the role of the family, including parents,
children, spouses, significant others, and consumer-identified natural resource systems. It is the intent of the
Legislature that behavioral health procedures be clarified to ensure that families are a part of the system
response, subject to the rules of evidence and court procedures.
More specifically, AB 1424 requires:
• that the historical course of the person's mental illness be considered when it has a direct bearing on the
determination of whether the person is a danger to self/others or gravely disabled;
• that relevant evidence in available medical records or presented by family members, treatment providers, or
anyone designated by the patient be considered by the court in determining the historical course;
• that facilities make every reasonable effort to make information provided by the family available to the court;
and
• that the person (a law enforcement officer or designated mental health professional) authorized to place a
person in emergency custody (a "5150") consider information provided by the family or a treating professional
regarding historical course when deciding whether there is probable cause for hospitalization.
Communicating with Behavioral Health Providers about Adult Mental Health Consumers
El Dorado County Behavioral Health & Recovery Services recognizes the key role families play in the recovery of
consumers receiving our services. We encourage providers at every level of care to seek authorization from the
consumer/client so that family members will be involved and informed in their care. In fact, we have a special
authorization form expressly designed to facilitate communication between treatment teams and family members. We
hope the summary below clarifies how laws concerning confidentiality affect communications between families and
mental health providers concerning mental health consumers aged 18 or older.
Outpatient Services
• California and Federal law require that behavioral health providers obtain authorization from the consumer
before they are able to communicate with family members, even to reveal that person is a client. Behavioral
health providers can, however, listen to and receive information from family members.
Hospital Services
• California law requires that hospitals inform families that a consumer/client has been admitted, transferred, or
discharged unless the consumer/client requests that the family not be notified.
Hospitals are required to notify consumers they have the right not to provide this information.
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• California and Federal law require that hospital staff obtain an authorization to disclose anything else to family
members.
What the family can do
• Although behavioral health providers are constrained in their ability to communicate with families, family
members may communicate with treatment teams with or without an authorization from the consumer.
Family members and other interested parties can use this form to provide information about the
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consumer to hospital or outpatient staff. Staff will place this information in the consumer/client’s
behavioral health chart. Under California and Federal law, consumers have the right to view their chart.
The Family Member completing the AB 1424 form has the right to withdraw consent to release
information given by them and have the information regarded as confidential.
Although the treatment team may not be able to disclose information to the family member, they are free
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to consider any information the family provides.
Page 4 of 4
Updated 6-2-2014
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