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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 2Art. 1.5§ 5173 Mental Health Provider Immunity

§ 5173 Mental Health Provider Immunity

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

§ 5173 Mental Health Provider Immunity

Key Takeaways

  • •Doctors and staff at a mental health facility can't get in trouble if a patient released early (before 72 hours) does something bad, as long as they followed the rules.
  • •The same protection applies if the patient is released after the full 72 hours.
  • •The police officer who took the person to the facility also can't get in trouble for anything the patient does after being released early or on time.

Example

A person is taken to a mental health facility because they seem like they might hurt themselves. The doctors check them and decide to let them go after 2 days instead of 3. Later, the person does something harmful.

The doctors and the police officer who brought the person in can't be sued or arrested for what the person did after being released, because they followed the rules for early release.

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

Official Source
View on CA.gov

§ 5173 Mental Health Provider Immunity

(a)  Notwithstanding Section 5113, if the provisions of Section 5170.7 or 5172 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, the medical director of the facility or his or her designee described in Sections 5170.7 and 5172, and the psychiatrist directly responsible for the person’s treatment 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, the medical director of the facility or his or her designee described in Sections 5170.7 and 5172, and the psychiatrist directly responsible for the person’s treatment 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. (Amended by Stats. 1985, Ch. 1288, Sec. 6. Effective September 30, 1985.)

Last verified: January 23, 2026

Key Terms

treatmentfacilitymedicaldirectorhealthreleasecrimeevaluation

Related Statutes

  • § 5152 72-Hour Mental Health Hold
  • § 5170.7 Early Release Psychiatric Evaluation
  • § 5306 Involuntary Treatment Release Immunity
  • § 5172 72-Hour Mental Health Evaluation
  • § 5270.35 Intensive Treatment Certification Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5173.
View Official Source