Cal. Government Code § 53123.8

(a) It is the intent of the Legislature to continue its long history of advancing policies that support suicide prevention efforts and further the initiative to address our youth mental health crisis. Young LGBTQ+ Californians have benefited from the 988 Suicide & Crisis Lifeline’s LGBTQ+ Youth Specialized Services program since 2022. It is the intent of the Legislature to reinstate this program in California. (b) (1) Notwithstanding subdivision (f), the California Health and Human Services Agency shall annually determine whether an adequate specialized LGBTQ+ suicide prevention hotline is activated by the federal government under 988. (2) When determining the adequacy of the federal press 3 option pursuant to this subdivision, the agency shall consider all of the following factors: (A) All individuals identifying as LGBTQ+ may access the press 3 option. (B) Federal guidance does not limit or discourage any individual identifying as LGBTQ+ from accessing the press 3 option. (C) LGBTQ+ specialized organizations that have historically served, or may serve, LGBTQ+ individuals are not prohibited from operating or supporting the press 3 option. (D) Any other factor the agency considers relevant to evaluating the adequacy of press 3 operations. (c) If the agency has determined that a specialized LGBTQ+ suicide prevention hotline has not been activated by the federal government, as determined pursuant to subdivision (b), both of the following apply: (1) No later than six months after the agency determines that an adequate specialized LGBTQ+ suicide prevention hotline has not been activated by the federal government under 988, the agency may request the federal Substance Abuse and Mental Health Services Administration (SAMHSA) to allow the state to implement the press 3 function at the state level for calls originating in the State of California. A press 3 function shall allow callers to dial “988 ” and press “3” to be automatically routed to a specialized 988 center or designated 988 center, as set forth in subdivision (e). (2) No later than 12 months following the approval of the request pursuant to paragraph (1) by SAMHSA or its contracted 988 Suicide & Crisis Lifeline Administrator, the agency and the Office of Emergency Services shall ensure that press 3 function technologies described in paragraph (1) are available. (d) No later than 12 months following approval of the request submitted pursuant to paragraph (1) of subdivision (c), the agency shall identify and contract with a qualified entity or entities, as set forth in subdivision (e), that specialize in LGBTQ+ suicide prevention services. The agency shall determine the eligibility criteria, establish an application process, and administer funds to the qualified entity pursuant to this article. The agency shall also take into consideration whether the applicant is or was previously a part of the 988 Suicide & Crisis Lifeline network. The agency shall prioritize applicants that primarily service LGBTQ+ populations. (e) A qualified entity shall comply with all of the following: (1) Become a “988 center” and, by December 31, 2029, a “designated 988 center” as those terms are defined in Section 53123.1.5. As a 988 center, the qualified entity shall be eligible for funding until December 31, 2029, and shall be subject to the requirements under this article. A 988 center shall obtain designation from the State Department of Health Care Services by December 31, 2029, pursuant to Section 53123.7. (2) Maintain policies that comply with the Confidentiality of Medical Information Act (CMIA) (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), and all other applicable state laws governing the protection of sensitive personal and medical information. (3) Have a primary objective of reducing suicide rates or addressing mental health crises. (4) Demonstrate that its mission includes serving the LGBTQ+ population or that it employs staff or volunteers who have completed extensive training in responding to LGBTQ+ crisis contacts in a culturally competent manner. The qualified entity shall ensure that trained staff or volunteers are available to respond to those contacts through an established routing system. (f) This section shall only be implemented subject to an appropriation made by the Legislature and if both of the following occur: (1) The agency obtains and maintains the necessary federal approvals to enable a press 3 function for calls. (2) The agency, in consultation with the State Department of Health Care Services, determines that other federal funding sources, including grants issued by SAMHSA, are not jeopardized.