California Psychiatric Association
PHYSICIAN GROUPS VICTORIOUS IN LAWSUIT OVER HOSPITAL PSYCHOLOGICAL CARE REGULATIONS

Lawsuit Related
Resources

• Judgment
• Memorandum of Points and Authorities
• Peremptory Writ Of Mandate
• State Attorney General's Return to Peremptory Writ Of Mandate

PRESS RELEASE

Contact: Randall Hagar

February 21, 2006 (916) 442-5196

PHYSICIAN GROUPS VICTORIOUS IN LAWSUIT OVER HOSPITAL PSYCHOLOGICAL CARE REGULATIONS

Sacramento, CA – A Sacramento Superior Court ruled last Friday in favor of the California Psychiatric Association (CPA), the Union of American Physicians and Dentists (UAPD), and Dr. Lisiak, who filed a joint lawsuit seeking to invalidate “underground” regulations promulgated by the state Department of Health Services (DHS) in March of 2005.

The regulations in question would have allowed non-medically trained psychologists to admit, transfer and release patients from all state licensed hospitals – as well as to order and release seclusion and restraints in those facilities – without consultation and approval of a psychiatrist or any other a physician.

“Today’s court ruling is a significant victory,” said Randall Hagar, CPA Director of Government Affairs. “We were successful in striking down improper regulations which would have endangered patients by wrongfully expanding the scope of practice of psychologists – who are not medically trained – into the practice of medicine.”

The court ruled that the regulations had significant regulatory effect and that DHS erred in enacting the regulations without providing public notice or a period of public comment.

Twice before similar regulations were attempted without public notice by DHS only to be rejected, in 2001 and 2004, by the California Office of Administrative Law (OAL) – which makes final determinations on all regulations before they become effective. In each case OAL found the regulations in question had significant regulatory effect and therefore needed to be offered for public comment. It is not clear why OAL reversed itself and approved the regulations that were struck down in court Friday.

Friday’s ruling capped more than 12 years of CPA and UAPD advocacy for patient safety and quality of care. The court’s decision rests upon this prior advocacy which led to several appellate court decisions, a California Attorney General opinion, and the OAL’s prior rejection of similar underground regulations.

“Today’s ruling affirms a basic doctrine in the making of law within any democratic government that holds that the people who are directly affected by laws or regulations must have a say in the shaping of those laws or regulations. This saves us, as the court said, from ‘bureaucratic tyranny,’” said Hagar. “Certainly psychiatrists around California, on behalf of their patients, applaud this decision.”

The successful partners in the case were represented by Dan Willick of Nossaman, Guthner, Knox & Elliott, LLP.

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About the California Psychiatric Association (CPA)

The California Psychiatric Association is a state wide non-profit association with over 3,500 members. Its member psychiatrists are medical doctors specializing in comprehensive care of individuals with mental and emotional disorders that stem from biological and psychosocial causes.

About the Union of American Physicians and Dentists (UAPD)

The UAPD represents over 3,500 physicians, including over 400 psychiatrists caring for

severely mentally ill patients in state mental hospitals, county mental health department clinics and facilities and in private practice.