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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 6.2Art. 2§ 5510 Mental Health Patient Rights

§ 5510 Mental Health Patient Rights

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5510 Mental Health Patient Rights

Key Takeaways

  • •California makes sure people with mental disabilities are treated fairly and their rights are protected in hospitals and care facilities.
  • •These people can be easily hurt or treated badly, so the state hires an outside group (not the government) to help and check on them.
  • •The outside group must be able to help all over California and can’t also be giving mental health care—just helping with rights.
  • •The state picks one nonprofit group to do this job to avoid problems like favoring one side.

Example

A person in a mental health hospital is not allowed to call their family, even though the rules say they can.

The outside group (the nonprofit) steps in to help. They talk to the hospital and make sure the person gets to call their family, like the rules say. The group doesn’t work for the hospital, so they can fight for the person’s rights without worrying about their job.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5510 Mental Health Patient Rights

(a) The Legislature finds and declares as follows: (1) The State of California accepts its responsibility to ensure and uphold the right of persons with mental disabilities and an obligation, to be executed by the State Department of State Hospitals and the State Department of Health Care Services, to ensure that mental health laws, regulations and policies on the rights of recipients of mental health services are observed and protected in state hospitals and in licensed health and community care facilities. (2) Persons with mental illness are vulnerable to abuse, neglect, and unreasonable and unlawful deprivations of their rights. (3) Patients’ rights advocacy and investigative services concerning patient abuse and neglect previously provided by the State Department of Mental Health, including the Office of Human Rights and investigator, and state hospitals’ patients’ rights advocates and state hospital investigators and transferred to the State Department of Health Care Services and the State Department of State Hospitals, may have had or have conflicts of interest or the appearance of a conflict of interest. (4) The services provided to patients and their families are of such a special and unique nature that they must be contracted out pursuant to paragraph (3) of subdivision (b) of Section 19130 of the Government Code. (b) Therefore, to avoid the potential for a conflict of interest or the appearance of a conflict of interest, it is the intent of the Legislature that the patients’ rights advocacy and investigative services described in this article be provided by a single contractor specified in Section 5370.2 that meets both of the following criteria: (1) The contractor can demonstrate the capability to provide statewide advocacy services for persons with mental disabilities. (2) The contractor has no direct or indirect responsibility for providing services to persons with mental disabilities, except advocacy services. (c) For the purposes of this article, the Legislature further finds and declares, because of a potential conflict of interest or the appearance of a conflict of interest, that the goals and purposes of the state patients’ rights advocacy and investigative services cannot be accomplished through the utilization of persons selected pursuant to the regular state civil service system. Accordingly, the contracts into which the department enters pursuant to this section are permitted and authorized by paragraphs (3) and (5) of subdivision (b) of Section 19130 of the Government Code. (d) The State Department of State Hospitals and the State Department of Health Care Services shall contract with a single nonprofit entity to provide for the protection and advocacy services to persons with mental disabilities, as specified in Section 5370.2. The State Department of Health Care Services and the State Department of State Hospitals shall enter into a memorandum of understanding to ensure the effective management of the contract and the required activities affecting county patients’ rights programs. The entity shall be responsible for ensuring that mental health laws, regulations, and policies on the rights of recipients of mental health services are observed in state hospitals and in licensed health and community care facilities. (e) The findings and declarations of potential conflict of interest provided in this section shall not apply to advocacy services provided under Article 3 (commencing with Section 5520). (Amended by Stats. 2012, Ch. 34, Sec. 106. (SB 1009) Effective June 27, 2012.)

Last verified: January 23, 2026

Key Terms

obligationlegislaturehospitalregulationpatienthealthcontractlicense

Related Statutes

  • § 5512 Patient Rights Advocate Training
  • § 4656 Physician Referral To Regional Centers
  • § 5511 Patient Rights Advocacy Contracts
  • § 5520 Mental Health Patient Advocates
  • § 14053.5 Medi-Cal Drug Pricing Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5510.
View Official Source