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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 2Art. 1§ 5154 Mental Health Provider Immunity

§ 5154 Mental Health Provider Immunity

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

§ 5154 Mental Health Provider Immunity

Key Takeaways

  • •Doctors, psychologists, or police who release someone early (before 72 hours) from mental health treatment can't be sued or arrested if that person does something bad later.
  • •The same rule applies if the person is released after the full 72 hours.
  • •This law also protects police and crisis team members who take someone in for treatment.
  • •This law doesn’t change what psychologists are allowed to do in their jobs.

Example

A person is taken to a hospital because they seem like they might hurt themselves. The doctor lets them go after 2 days (before 72 hours). Later, that person gets into a fight.

The doctor can't be sued or arrested for letting the person go early, even if the person caused trouble later.

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

Official Source
View on CA.gov

§ 5154 Mental Health Provider Immunity

(a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article. (b) The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article. (c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article. (d) A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article. (e) The amendments to this section made by Assembly Bill 348 of the 2003–04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (Amended by Stats. 2021, Ch. 399, Sec. 2. (AB 1443) Effective January 1, 2022.)

Last verified: January 23, 2026

Key Terms

treatmentfacilitymedicalcrimecrisishealthportfine

Related Statutes

  • § 5259.3 Mental Health Release Immunity
  • § 5978.1 Care Process Facility Referrals
  • § 359 Minor Drug Detention Orders
  • § 5150.2 Peace Officer Detention Limits
  • § 5152 72-Hour Mental Health Hold

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5154.
View Official Source