San Diego County Board Delays Implementation of SB 43

Busy San Diego emergency room during a mental health crisis

News Summary

The San Diego County Board of Supervisors voted to postpone the implementation of Senate Bill 43 (SB 43) until 2025, responding to concerns about hospital capacities and managing mental health crises. SB 43 aims to expand conservatorship criteria, particularly for those with substance use disorders. Medical professionals warned the immediate implementation could overwhelm local emergency services, prompting a working group to prepare for the law’s eventual rollout. City officials expressed urgency in addressing homelessness, indicating the need for comprehensive solutions.

San Diego, California – The San Diego County Board of Supervisors voted 3-2 on Tuesday to postpone the implementation of Senate Bill 43 (SB 43) until January 1, 2025, amid heightened concerns regarding hospital capacity and the management of mental health crises. The delay extends the original start date of the law, which was set to begin on January 1, 2024.

SB 43 was enacted in October to expand the criteria for conservatorship to include individuals with substance use disorders, in addition to those deemed a harm to themselves or others. This law enables the appointment of conservators for individuals unable to provide for their basic needs due to significant mental health or substance use issues, including those who cannot access necessary medical care.

The decision to delay the new law came after local hospitals expressed fears that its immediate implementation would lead to a surge of patients overwhelming emergency services. Medical professionals warned that the existing infrastructure, particularly in hospitals, is insufficient to manage an influx of patients triggered by the new conservatorship criteria.

Dr. Luke Bergmann, the head of San Diego County’s Behavioral Health Services, indicated that SB 43 does not come with additional resources for hospitals or treatment providers to accommodate the additional patient volume. County Supervisor Nora Vargas brought forth the resolution for the delay after listening to the concerns raised by health professionals. The resolution received support from other supervisors who acknowledged the need for careful planning.

However, city officials, including Mayor Todd Gloria, were opposed to the resolution and stressed the urgency of addressing San Diego’s homelessness crisis. They argued that delaying the implementation of SB 43 would hinder efforts to help individuals suffering from mental health and substance abuse issues. Concerns from law enforcement, including the San Diego Police Department and San Diego Fire Rescue, were also made known, as these entities emphasized the necessity of implementing the law without delay.

Supervisor Terra Lawson-Remer highlighted the need for prompt action in confronting the existing health crisis, suggesting that postponing the law is a regressive move. The postponed implementation comes as it is estimated that SB 43 could increase the number of 72-hour involuntary holds by around 1,500 more than previous years, underscoring the potential impact the law is expected to have on local emergency services.

The board’s resolution also included plans for a working group to provide a report to the board in March regarding the steps necessary for the implementation of SB 43 in 2025. This group will focus on creating adequate training and preparation for law enforcement and healthcare providers to manage the anticipated influx of patients effectively.

Scripps Health’s CEO expressed support for the delay, emphasizing that the current healthcare infrastructure is not equipped to handle a significant increase in patient volume without sufficient preparation and training. Additionally, NAMI San Diego pointed out that it is crucial to recognize that homelessness is not solely tied to mental illness and that comprehensive solutions are needed to address the broader societal issues contributing to the crisis.

As the situation evolves, stakeholders in San Diego continue to grapple with finding a balance between immediate needs and long-term solutions for mental health and substance use issues within the community. The decision to delay the implementation of SB 43 reflects the county’s intention to better prepare its resources ahead of a forthcoming change in legislation aimed at mitigating the homelessness crisis.

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