Providing health care to individuals with mental health issues is complicated — requiring an understanding of the multiple bodies of law that govern the treatment, rights and protections of these patients.

In California, the main law regulating mental health evaluation and treatment is the Lanterman-Petris-Short (LPS) Act. Enacted in 1967, the law specifies the procedures health care providers and law enforcement must follow before involuntarily detaining someone for mental health evaluation and treatment. The LPS Act also sets forth the rights of mental health patients, whether voluntarily or involuntarily admitted, and contains procedural requirements that must be followed prior to providing specified types of treatment to mental health patients.

Hospitals and other health care providers also need to understand the other state and federal laws that govern mental health treatment and medical privacy, including the Confidentiality of Medical Information Act (CMIA) and the Health Insurance Portability and Accountability Act (HIPAA).

To help health care professionals sort through the maze of laws governing mental health treatment, CHA offers the Consent manual, chapters 12-13, as well as seminars on mental health law issues.