In 1967, Ronald Reagan, who was the Governor of California at the time, signed the Lanterman Petris Short Act into law. During this period, California faced a significant civil rights issue: individuals in State psychiatric facilities had fewer rights than prisoners and convicted criminals.
The Lanterman Petris Short (LPS) Act was created to protect the rights of this extremely vulnerable population. The LPS Act oversees the well-known 5150 Hold, which is California's involuntary 72-hour psychiatric hold for individuals considered a danger to others (DTO), a danger to themselves (DTS), or gravely disabled (GD).
Although the LPS Act has been in effect for almost 60 years, some staff and mental health facilities mistakenly view a 5150 Hold as a form of punishment. This is incorrect.
The intention of the Lanterman Petris Short Act was to safeguard patients from being indefinitely hospitalized in state psychiatric institutions. It aimed to offer the least restrictive options for patients, whether they are voluntarily seeking psychiatric treatment or are involuntarily admitted to a facility. The goal was that, whenever feasible, family members or loved ones could care for the patient at home instead of them being isolated in an inpatient psychiatric facility.
Mental health patients under the LPS Act are entitled to the same rights as voluntary patients, such as:
Receiving visitors daily.
Having access to a phone and assistance with making calls if needed.
Access to an independent patient advocate not involved in their clinical care.
The right to receive timely medical treatment.
The right to refuse treatment and participate in healthcare decisions.
The right to be treated with dignity.
The right to protection from harm, including the overuse of medications.
A patient's civil rights cannot be revoked as a punishment or retaliation, a condition of admission, or a reward to be earned.
The Independent Patient Advocate of the Sierras has extensive experience assessing and caring for patients on 5150 Holds. She recognizes the potential for harm that can escalate and affect both the patient and their family when a patient's civil rights are unjustly revoked.
In abusive relationships, the abuser frequently isolates the victim as a means of control, leading to trauma for the isolated individual. During a psychiatric crisis, separating a patient from their support systems can be highly detrimental, especially when the patient is already in distress. When caring for a psychiatric patient, keep this in mind.
Understanding the laws is crucial when dealing with patients on 5150 Holds. If a staff member revokes a patient's rights without valid justification, they may face disciplinary measures, lawsuits, and fines. Staff members involved in unjust and illegal revocation of right are subject to the loss of their license, and the facility might lose its State funding.
The LPS Act's laws are explicit: they are not intended as punishment but to safeguard vulnerable mental health patients.
If you feel that you or a loved ones' rights were violated under the Lanterman Petris Short Act, the Independent Patient Advocate of the Sierras is here to help! Reach out to us today!
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