The History of the Lanterman-Petris-Short (LPS) Act
Presented by Debi Davis, MSW
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Greeks – 4TH  Century B.C. - HIPPOCRATES
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Roman Law
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England – 1400’s
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UNITED STATES
1600’S - Late 1700’S
Late 1700’s - Patrick Henry
1800s - Dorothea Dix

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Commitment Hearings
1800’s – 1969: Need for Treatment
Model was on ‘need for treatment.’ “The will of the people to act for the best interest and protection” of a client.
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The criteria for a person to be involuntarily committed:
1.)	“Who are of such mental condition that they are in need of supervision, treatment, care or restraint”
2.)	“Who are of such mental condition that they are dangerous to themselves or to another person or the property of others, and in need of supervision, treatment, care or restraint.”
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1969 – Present:  Dangerousness Model
Criteria under the LPS Act for involuntary commitment:
1.)	Danger to self
2.)	Danger to others
3.)	Gravely disabled
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THE ROAD TO DEINSTITUTIONALIZATION
1950’s - Anti-psychotic medication 
1957 - Short-Doyle Act
1960’s - Medi-Care and Medi-Cal 
1963 - Community Center Mental Health Act
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State Hospital Population
1953 - 559,000 Nationwide
36,300 California
1968 - 18,800 California
1990 - 30,000 Nationwide
4,013 California
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WHAT IS THE LANTERMAN-PETRIS-SHORT (LPS) ACT?
Named after state legislators:
Assemblyman Frank Lanterman
Senator Nicholas C. Petris
Senator Alan Short
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1965
The California Medical Association released a report on the conditions in state hospitals. The report basically said state hospitals were not able to provide adequate treatment for those who were mentally ill.
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1966
State Subcommittee on Mental Health Services investigated state hospitals and filed a report – The Dilemma of Mental Health Commitments in California.
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The changes the subcommittee wanted to make in mental health law:
1.)	End lifetime commitments
2.)	Establish due process rights for patients
3.)	Voluntary treatment
4.)	Give psychiatrists, rather than the courts, the power to evaluate patients
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Changes (continued)
5.)	Establish specific criteria for psychiatric holds
6.)	Provide services in the least restrictive setting appropriate to the person’s needs
7.)	Use agencies, professional personnel and public funds to accomplish the above objectives
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Bill AB 1220 - Senator Petris and Assemblyman Lanterman
AKA - The Mental Health Act of 1967.
It passed the Assembly: 77 yes votes, 1 no and 2 abstentions.
It went to the state Senate’s Governmental Efficiency and Economy Committee.
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Senator Short and SB 677
Lanterman and Petris did not give up on their bill.
Before SB 677, counties paid 50% and the State paid 50%.
SB 677 would increase how much the state paid for Short-Doyle funding. Counties would pay 25% and the State would pay 75%.
Senator Short agreed to the language of AB 1220 and put it into his bill.
SB 677 went to the assembly, where it passed.
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SB 677
Senator John Schmidt was the swing vote.
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Content heading
On the last day of the legislative session, the senate passed SB 677.
Governor Ronald Reagan signed the bill into law.
LPS went into effect in 1969. This allowed time for implementation.
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ADDITIONS TO THE LPS ACT
1968 - Due Process Rights: Doe vs. Gallinot – Certification Review Hearings
1975 – Reasonable Cause vs Probable Cause
“Reasonable” cause to suspect someone was a danger to self, others or gravely disabled.
Changed to “probable cause” to believe someone…
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1987 - Riese v St. Mary’s Hospital and Medical Center
Right to informed consent about psychiatric medication.
Right to decide to take or not take psychiatric medications – except in an emergency.
Requires a court ruling that a person lacks capacity to make treatment decisions.
Movie 55 steps.
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ADDITIONS TO LPS (Continued)
2002 – AB 1421: Laura’s Law – Outpatient commitment.
2002 – AB 1424: The history of the person’s mental health disorder shall be considered based on what family, friends say about the person.
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RECENT ATTEMPTS TO CHANGE OR GET RID OF THE LPS ACT
2018 – AB 1971: Amend the term gravely disabled to include, ‘when a mental health illness impedes the ability to seek urgently needed medical treatment.’ This bill was not voted on. It was put in the inactive file.
2020 – SB 1250: Enact legislation to repeal and replace the LPS Act of 1967.
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QUESTIONS ? . . .? . . .?
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DRC Resources
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