BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1340
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1340 (Achadjian)
          As Amended August 20, 2014
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(May 30, 2013)  |SENATE: |36-0 |(August 21,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:   HEALTH  

           SUMMARY  :  Permits the Department of State Hospitals (DSH) to  
          establish and administer a pilot enhanced treatment program  
          (ETP), commencing July 1, 2015, until January 1, 2018, for the  
          purpose of testing the effectiveness of providing treatment for  
          patients who are at high risk of the most dangerous behavior.   
          Authorizes ETPs to be licensed under the same requirements as  
          acute psychiatric hospital licensing requirements, and makes  
          significant changes to current requirements and procedures  
          related to the admission of patients and the administration of  
          care.

           The Senate amendments  :

          1)Establish legislative intent regarding the purpose and need  
            for additional enhanced treatment units (ETU) and states  
            findings and declarations accordingly.

          2)Permit DSH, commencing July 1, 2015, until January 1, 2018, to  
            establish and maintain a pilot ETP at each state hospital to  
            test the effectiveness of providing treatment for patients who  
            are at high risk of the most dangerous behavior.

          3)Permit DSH to adopt emergency regulations, in accordance with  
            the Administrative Procedure Act (APA), for the administration  
            of ETPs.

          4)Establish ETP requirements, including:

             a)   Maintaining a staff-to-patient ratio of one to five;

             b)   Limiting each room to one patient;

             c)   Requiring that each patient room be allowed visual  








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               access by staff 24 hours per day;

             d)   Requiring that each patient room have a toilet and sink  
               in the room;

             e)   Requiring that each patient room door have the capacity  
               to be locked externally; 

             f)   Permitting the door to be locked when clinically  
               indicated and determined to be the least restrictive  
               treatment environment for the patient's care and treatment;

             g)   Providing emergency egress for ETP patients;

             h)   Requiring that, in the event seclusion or restraints are  
               used in an ETP, all state licensing and regulations be  
               followed; and

             i)   Requiring that a full-time independent patients' rights  
               advocate who provides patients' rights advocacy services be  
               assigned to each ETP.

          5)Delete the requirement for a new license for an ETP and  
            instead authorizes ETPs to be licensed under existing hospital  
            licensing requirements for acute psychiatric hospitals.

          6)Exempt the development of regulations by the Department of  
            Public Health (DPH) from the requirements of the APA.

          7)Require DSH to monitor the pilot ETPs, evaluate outcomes, as  
            specified, and report on its findings and recommendations to  
            the Legislature.

          8)Require ETPs to adopt and implement policies and procedures  
            necessary to encourage patient improvement, recovery, and a  
            return to a standard treatment environment, and to create  
            identifiable facility requirements and bench marks, as  
            specified.

          9)Establish procedures for the evaluation, assessment, and  
            creation of a treatment plan for each admitted patient, as  
            specified.

           AS PASSED BY THE ASSEMBLY  , this bill required, beginning on July  
          1, 2015, and subject to available funding, each of the five  








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          state mental hospitals to establish and maintain an ETU for the  
          placement of aggressive patients and required any case of  
          assault by a patient, as specified, to be immediately referred  
          to the local district attorney.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, one-time costs likely in the low hundreds of  
          thousands to develop policies and regulations by DSH, one-time  
          costs likely in the tens of millions for the construction of new  
          ETP facilities, significant costs to renovate portions of  
          current state hospital facilities to create units for the new  
          ETPs, increased staffing costs of about $2.5 million per year to  
          comply with the higher staff-to-patient ratio required in the  
          bill, ongoing costs of $800,000 per year for a contracted  
          patient advocate for ETPs and minor additional costs for  
          licensing of ETPs by DPH.

           COMMENTS :  According to the author, this bill is intended to  
          provide an alternative mechanism for dealing with violent and  
          aggressive offenders who threaten the safety of hospital staff  
          and other patients and disrupt the care and treatment needed by  
          other patients.  The author states that this bill will help to  
          protect state hospital staff and patients and decrease the level  
          of violence in these facilities by requiring these offenders to  
          be removed from the general population to receive enhanced  
          treatment.

          The five state hospitals in California currently serve  
          approximately 6,521 patients.  The hospitals' population has  
          changed dramatically over time, and now approximately 92% of  
          their population is considered "forensic," meaning patients have  
          been committed to a hospital by the criminal justice system.   
          According to data obtained from DSH, there were a total of 4,283  
          incidents involving patient-on-patient aggression and 3,050  
          aggressive acts against staff system-wide in 2012.

          Atascadero State Hospital is currently implementing a pilot ETU  
          to address violence due to mental illness that does not respond  
          to standard treatment.  The goal of the ETU is to decrease  
          psychiatric symptoms of some of the most violent patients, in  
          order to enable DSH to simultaneously assist the patients in  
          their recovery, thereby increasing the safety of the facility.   
          Patients must meet certain criteria, based on the patient's  
          mental illness and psychiatric symptoms, before being admitted  
          to the ETU.  








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          Outcomes data from the ETU pilot show there have been 16  
          patients discharged since the unit opened in December 2011.   
          When patient aggression is compared 90 days before ETU admission  
          to 90 days post-discharge, 10 of 16 patients, or 71%,  
          demonstrated a reduction in acts of physical violence; one  
          patient was equally as aggressive before and after treatment in  
          the ETU; and, three patients were neither aggressive before  
          admission, or at follow-up.  DSH reports there is no follow-up  
          data available for three other patients who were charged with  
          new offenses and returned to the Department of Corrections and  
          Rehabilitation.   

          Coalinga State Hospital operates a Specialized Services Unit  
          (SSU), which treats individuals committed under the Penal Code  
          who have severe and chronic aggressive behaviors.  The  
          therapeutic goal of the SSU is to encourage compliance with  
          treatment and medication in order to decrease aggressive and  
          socially undesirable behaviors.  DSH reports that although  
          Coalinga State Hospital is actively tracking outcomes since the  
          SSU opened in September 2011, the data is not readily available.  
           DSH also indicates that a patient's average stay in the SSU is  
          six to nine months.

          In opposition, California Attorneys for Criminal Justice writes  
          that this bill would increase costs by interrupting treatment  
          and any progress a patient is making by mandating referral for  
          prosecution and requiring extensive and expensive special  
          housing, treatment, and supervision once the patient is returned  
          to the hospital. 

          This bill was substantially amended in the Senate, in which the  
          subject matter was not heard in Assembly policy committee this  
          legislative session.
           

          Analysis Prepared by  :    Paula Villescaz / HEALTH / (916)  
          319-2097


          FN: 0005137  
          











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