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AB 2405

Mental health.

2025-2026 Regular Session Introduced by Mike Gipson

Requires law enforcement to transport to the nearest appropriate emergency department, with EMSA oversight, quarterly reporting, and penalties for noncompliance.

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 30). Re-referred to Com. on APPR.
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Bill Summary · AB 2405

Overview

AB 2405, introduced by Assembly Member Gipson (co-sponsored by Mike Gipson), seeks to align law enforcement vehicle transports to emergency departments with established Emergency Medical Services (EMS) destination principles in California. The bill adds new provisions to the Health and Safety Code and gives the Emergency Medical Services Authority (EMSA) regulatory oversight to ensure compliance. It emphasizes timely access to emergency care and aims to reduce unsafe delays and overcrowding related to inconsistent transport practices.

Main purpose and intent

  • Ensure law enforcement transports to emergency departments use the nearest appropriate emergency department as the standard destination, aligning law enforcement practices with EMS destination policies.
  • Improve accountability by requiring regular reporting, oversight, and potential corrective actions for noncompliance.
  • Address disparities and inefficiencies in emergency department utilization due to divergent transport practices by police and other law enforcement agencies.

Key provisions and changes

  • Definitions and scope (1797.286):
    • “Law enforcement agency” includes police departments, sheriff’s departments, and other public peace officer employing agencies.
    • “Nearest appropriate emergency department” is defined as the closest licensed general acute care hospital emergency department, by geography or time, to where the officer first assumed custody.
  • Transport requirements (1797.287):
    • Law enforcement transports to an emergency department must generally be to the nearest appropriate ED, subject to specified exceptions.
    • Exceptions include: mass casualty incidents or local emergencies; trauma, STEMI, stroke, or other conditions governed by state/local specialty destination protocols; situations where the receiving hospital has declared diversion or is unavailable (then transport to the next nearest appropriate ED per local EMS policies).
    • The section preserves authority to use alternative destinations (e.g., sobering centers, behavioral health facilities) when appropriate, and does not require officers to independently determine hospital diversion status.
  • Reporting and transparency (1797.288):
    • Each law enforcement agency must report quarterly to the EMSA on transports conducted under these provisions.
    • Reports must include origin location, destination facility and transport date/time, rationale for destination choice, whether the destination was the nearest appropriate ED or an alternative site, and demographic information (non-identifying).
    • EMSA must publish annual aggregate reports on its website.
  • Regulatory oversight and enforcement (1797.289):
    • EMSA gains regulatory authority to implement and enforce the chapter, including audits, corrective action plans, and penalties for violations (up to $25,000 per pattern of violation).
  • Fiscal and mandate notes:
    • The bill is structured as a state mandate on local agencies, with potential reimbursement requirements if the California Commission on State Mandates determines mandated costs exist.

Who is affected

  • Law enforcement agencies (police, sheriff, and other public safety peace officer agencies) operating transports to EDs.
  • Emergency departments and hospitals (as receivers under the nearest-appropriate standard).
  • The California Emergency Medical Services Authority (EMSA), responsible for oversight, reporting, and enforcement.
  • Local EMS agencies implementing destination policies in alignment with the bill.

Procedural and timeline aspects

  • Bill introduced February 20, 2026; amendments and multiple committee moves occurred, with final readings in May 2026.
  • If enacted, enforcement would begin under the regulatory framework and quarterly reporting requirements, with annual EMSA public reporting.
  • Reimbursement obligations for local agencies would be addressed if mandated costs are determined by the Commission on State Mandates.

Compiled from official sources — confirm details with the bill’s official record.

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