BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1423


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          Date of Hearing:  April 14, 2015
          Counsel:               Gabriel Caswell

                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                     1423 (Mark Stone) - As Amended  March 26, 2015




          SUMMARY:  Creates a process for an administrative hearing to  
          determine a healthcare decision maker for incarcerated persons  
          who lack the capacity to make their own healthcare decisions.   
          Specifically, this bill:  

          1)Finds and declares the following:  

             a)   In recognition of the dignity and privacy a person has a  
               right to expect, the law recognizes that adults housed in  
               state prison have the fundamental right to control  
               decisions relating to their own healthcare, including the  
               decision to have life-sustaining treatment withheld or  
               withdrawn.  

             b)   The determination of capacity for informed consent for  
               adults housed in state prison is more appropriately  
               conducted at the institution where the patient is housed  
               and can attend, if he or she desires.

             c)   Because of the confinement of these adults and their  
               frequent movement between institutions, existing  
               protections for patients regarding healthcare decision  
               making are inadequate.









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             d)   Existing statutory schemes centered on life-threatening  
               emergent illness and court-ordered decision makers do not  
               adequately address the needs of adults housed in state  
               prison to have their capacity issues addressed and  
               adjudicated by a neutral third party, even in the absence  
               of a serious or life-threatening medical emergency.

          2)Provides, subject to enumerated exceptions, that an adult  
            housed in state prison is presumed to have the capacity to  
            give informed consent and make a healthcare decision, to give  
            or revoke an advance healthcare directive, and to designate or  
            disqualify a surrogate. This presumption is a presumption  
            affecting the burden of proof.

          3)States that, subject to specified existing exceptions related  
            to administration of psychiatric medications, a licensed  
            physician or dentist may file a petition with the Office of  
            Administrative Hearings to request that an administrative law  
            judge make a determination as to a patient's capacity to give  
            informed consent or make a healthcare decision, and request  
            appointment of a surrogate decision maker, if all of the  
            following conditions are satisfied:

             a)   The licensed physician or dentist is treating a patient  
               who is an adult housed in state prison;

             b)   The licensed physician or dentist is unable to obtain  
               informed consent from the inmate patient because the  
               physician or dentist determines that the inmate patient  
               appears to lack capacity to give informed consent or make a  
               healthcare decision; and

             c)   There is no person with legal authority to provide  
               informed consent for, or make decisions concerning the  
               healthcare of, the inmate patient.

          4)Provides that in appointing a surrogate decision maker,  
            preference shall be given to the next of kin or a family  
            member as a surrogate decision maker over other potential  
            surrogate decision makers unless those individuals are  
            unsuitable or unable to serve.









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          5)Provides that the petition shall allege all of the following:

             a)   The inmate patient's current physical condition,  
               describing the healthcare conditions currently afflicting  
               the inmate patient;

             b)   The inmate patient's current mental health condition  
               resulting in the inmate patient's inability to understand  
               the nature and consequences of his or her need for care  
               such that there is a lack of capacity to give informed  
               consent or make a healthcare decision;

             c)   The deficit or deficits in the inmate patient's mental  
               functions as listed as specified in the Probate Code;

             d)   An identification of a link, if any, between the  
               deficits identified and an explanation of how the deficits  
               identified that result in the inmate patient's inability to  
               participate in a decision about his or her healthcare  
               either knowingly and intelligently or by means of a  
               rational thought process;

             e)   A discussion of whether the deficits identified are  
               transient, fixed, or likely to change during the proposed  
               year-long duration of the court order;

             f)   The efforts made to obtain informed consent or refusal  
               from the inmate patient and the results of those efforts;

             g)   The efforts made to locate next of kin who could act as  
               a surrogate decision maker for the inmate patient. If those  
               individuals are located, all of the following shall also be  
               included, so far as the information is known:

               i)     The names and addresses of the individuals;

               ii)    Whether any information exists to suggest that any  
                 of those individuals would not act in the inmate  
                 patient's best interests; and

               iii)   Whether any of those individuals are otherwise  
                 suitable to make healthcare decisions for the inmate  








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                 patient.

             h)   The probable impact on the inmate patient with, or  
               without, the appointment of a surrogate decision maker;

             i)   A discussion of the inmate patient's desires, if known,  
               and whether there is an advance healthcare directive,  
               Physicians Orders for Life Sustaining Treatment (POLST), or  
               other documented indication of the inmate patient's  
               directives or desires and how those indications might  
               influence the decision to issue an order. Additionally, any  
               known POLST or Advanced Health Care Directives executed  
               while the inmate patient had capacity shall be disclosed;  
               and

             j)   The petitioner's recommendation specifying a qualified  
               and willing surrogate decision maker, and the reasons for  
               that recommendation.

          6)States that the petition shall be served on the inmate patient  
            and his or her counsel, and filed with the Office of  
            Administrative Hearings on the same day as it was served.  The  
            Office of Administrative Hearings shall issue a notice  
            appointing counsel.

          7)Provides at the time the initial petition is filed, the inmate  
            patient shall be provided with counsel and a written notice  
            advising him or her of all of the following:

             a)   His or her right to be present at the hearing;

             b)   His or her right to be represented by counsel at all  
               stages of the proceedings;

             c)   His or her right to present evidence;

             d)   His or her right to cross-examine witnesses;

             e)   The right of either party to seek one reconsideration of  
               the administrative law judge's decision per calendar year;

             f)   His or her right to file a petition for writ of  








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               administrative mandamus in superior court; and

             g)   His or her right to file a petition for writ of habeas  
               corpus in superior court with respect to any decision.

          8)States that counsel for the inmate patient shall have access  
            to all relevant medical and central file records for the  
            inmate patient, but shall not have access to materials  
            unrelated to medical treatment located in the confidential  
            section of the inmate patient's central file. Counsel shall  
            also have access to all healthcare appeals filed by the inmate  
            patient and responses to those appeals, and, to the extent  
            available, any habeas corpus petitions or healthcare related  
            litigation filed by, or on behalf of, the inmate patient.

          9)States that the inmate patient shall be provided with a  
            hearing before an administrative law judge within 30 days of  
            the date of filing the petition, unless counsel for the inmate  
            patient agrees to extend the date of the hearing.

          10)Provides that the inmate patient, or his or her counsel,  
            shall have 14 days from the date of filing of any petition to  
            file a response to the petition, unless a shorter time for the  
            hearing is sought by the licensed physician or dentist and  
            ordered by the administrative law judge, in which case the  
            judge shall set the time for filing a response.  The response  
            shall be served to all parties who were served with the  
            initial petition and the attorney for the petitioner.

          11)Provides that in case of an emergency, the inmate patient's  
            physician or dentist may administer a medical intervention  
            that requires informed consent prior to the date of the  
            administrative hearing.  Counsel for the inmate patient shall  
            be notified by the physician or dentist.

          12)Provides that in either an initial or renewal proceeding, the  
            inmate patient has the right to contest the finding of an  
            administrative law judge authorizing a surrogate decision  
            maker by filing a petition for writ of administrative  
            mandamus.

          13)States that in either an initial or renewal proceeding,  








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            either party is entitled to file one motion for  
            reconsideration per calendar year in front of the  
            administrative law judge following a determination as to an  
            inmate patient's capacity to give informed consent or make a  
            healthcare decision. The motion may seek to review the  
            decision for the necessity of a surrogate decision maker, the  
            individual appointed under the order, or both. The motion for  
            reconsideration shall not require a formal rehearing unless  
            ordered by the administrative law judge following submission  
            of the motion, or upon the granting of a request for formal  
            rehearing by any party to the action based on a showing of  
            good cause.

          14)Provides that to renew an existing order appointing a  
            surrogate decision maker, the current physician or dentist, or  
            a previously appointed surrogate decision maker shall file a  
            renewal petition. The renewal shall be for an additional year  
            at a time. The renewal hearing on any order issued under this  
            section shall be conducted prior to the expiration of the  
            current order, but not sooner than 10 days after the petition  
            is filed, at which time the inmate patient shall be brought  
            before an administrative law judge for a review of his or her  
            current medical and mental health condition:

             a)   Specifies that a renewal petition shall be served on the  
               inmate patient and his or her counsel, and filed with the  
               Office of Administrative Hearings on the same day as it was  
               served. The Office of Administrative Hearings shall issue a  
               written order appointing counsel;

             b)   Provides that the renewal hearing shall be held as  
               specified;

             c)   States that at the time the renewal petition is filed,  
               the inmate patient shall be provided with counsel and a  
               written notice advising him or her of all of the following:

               i)     His or her right to be present at the hearing;

               ii)    His or her right to be represented by counsel at all  
                 stages of the proceedings;









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               iii)   His or her right to present evidence;

               iv)    His or her right to cross-examine witnesses;

               v)     The right of either party to seek one  
                 reconsideration of the administrative law judge's  
                 decision per calendar year; and

               vi)    His or her right to file a petition for writ of  
                 administrative mandamus in superior court.

               vii)   His or her right to file a petition for writ of  
                 habeas corpus in superior court with respect to any  
                 decision.

             d)   Specifies that counsel for the inmate patient shall have  
               access to all relevant medical and central file records for  
               the inmate patient, but shall not have access to materials  
               unrelated to medical treatment located in the confidential  
               section of the inmate patient's central file. Counsel shall  
               also have access to all healthcare appeals filed by the  
               inmate patient and responses to those appeals, and, to the  
               extent available, any habeas corpus petitions or healthcare  
               related litigation filed by, or on behalf of, the inmate  
               patient; 

             e)   States that the renewal petition shall request the  
               matter be reviewed by an administrative law judge, and  
               allege all of the following:

               i)     The current status of each of the elements requiring  
                 notification of rights of the patient;

               ii)    Whether the inmate patient still requires a  
                 surrogate decision maker; and

               iii)   Whether the inmate patient continues to lack  
                 capacity to give informed consent or make a healthcare  
                 decision.

          15)Provides that a licensed physician or dentist who submits a  
            petition pursuant to this section shall not be required to  








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            obtain a specified court order prior to administering care  
            that requires informed consent.

          16)States that this section does not affect the right of an  
            inmate patient who has been determined to lack capacity to  
            give informed consent or make a healthcare decision and for  
            whom a surrogate decision maker has been appointed to do  
            either of the following:

             a)   Seek appropriate judicial relief to review the  
               determination or appointment by filing a petition for writ  
               of administrative mandamus; or

             b)   File a petition for writ of habeas corpus in superior  
               court regarding the determination or appointment, or any  
               treatment decision by the surrogate decision maker.

          17)States that a licensed physician or other healthcare provider  
            whose actions under this section are in accordance with  
            reasonable healthcare standards, a surrogate decision maker  
            appointed pursuant to this section, and an administrative law  
            judge shall not be liable for monetary damages or  
            administrative sanctions for his or her decisions or actions  
            consistent with this section and the known and documented  
            desires of the inmate patient, or if unknown, the best  
            interests of the inmate patient.

          18)Provides that the determinations required to be made shall be  
            documented in the inmate patient's medical record.  

          19)Provides with regard to any petition, the administrative law  
            judge shall determine and provide a written order and findings  
            setting forth whether there has been clear and convincing  
            evidence that all of the following occurred:

             a)   Adequate notice and an opportunity to be heard has been  
               given to the inmate patient and his or her counsel.

             b)   Reasonable efforts have been made to obtain informed  
               consent from the inmate patient.

             c)   As a result of one or more deficits in his or her mental  








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               functions, the inmate patient lacks capacity to give  
               informed consent or make a healthcare decision and is  
               unlikely to regain that capacity over the next year.

             d)   Reasonable efforts have been made to identify family  
               members or relatives who could serve as a surrogate  
               decision maker for the inmate patient.

          20)Provides that the written decision shall also specify and  
            describe any advance healthcare directives, POLST, or other  
            documented indication of the inmate patient's directives or  
            desires regarding healthcare that were created and validly  
            executed while the inmate patient had capacity.  Further  
            specifies that if all findings related to directives are made,  
            the administrative law judge shall appoint a surrogate  
            decision maker for healthcare for the inmate patient. In doing  
            so, the administrative law judge shall consider all reasonable  
            options presented, including those identified in the petition,  
            and weigh how the proposed surrogate decision maker would  
            represent the best interests of the inmate patient, the  
            efficacy of achieving timely surrogate decisions, and the  
            urgency of the situation. Family members or relatives of the  
            inmate patient should be appointed when possible if such an  
            individual is available and the administrative law judge  
            determines the family member or relative will act in the  
            inmate patient's best interests.

          21)Specifies that an employee or contract staff of the  
            Department of Corrections and Rehabilitation, or other peace  
            officer, shall not be appointed surrogate decision maker for  
            healthcare for any inmate patient under this section, unless  
            either of the following conditions apply:

             a)   The individual is a family member or relative of the  
               inmate patient and will, as determined by the  
               administrative law judge, act in the inmate patient's best  
               interests.

             b)   The individual is a healthcare staff member in a  
               managerial position and does not provide direct care to the  
               inmate patient. A surrogate decision maker appointed under  
               this subparagraph may be specified by his or her functional  








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               role at the institution, such as "Chief Physician and  
               Surgeon" or "Chief Medical Executive" to provide clarity as  
               to the active decision maker at the institution where the  
               inmate patient is housed, and to anticipate potential  
               personnel changes. When the surrogate decision maker is  
               specified by position, rather than by name, the person  
               occupying that specified role at the institution at which  
               the inmate patient is currently housed shall be considered  
               and act as the appointed surrogate decision maker.

          22)Provides that the order appointing the surrogate decision  
            maker shall be written and state the basis for the decision by  
            reference to the particular mandates of this subdivision. The  
            order shall also state that the surrogate decision maker shall  
            honor and follow any advance healthcare directive, POLST, or  
            other documented indication of the inmate patient's directives  
            or desires, and specify any such directive, order, or  
            documented desire.

          23)Requires that the administrative law judge's written decision  
            and order appointing a surrogate decision maker shall be  
            placed in the inmate patient's Department of Corrections and  
            Rehabilitation healthcare record.

          24)Provides an order entered under this section is valid for one  
            year and the expiration date shall be written on the order.  
            The order shall be valid at any state correctional facility  
            within California. If the inmate patient is moved, the sending  
            institution shall inform the receiving institution of the  
            existence of an order entered under this section.

          25)Clarifies that this section applies only to orders appointing  
            a surrogate decision maker with authority to make a healthcare  
            decision for an inmate patient who lacks capacity to give  
            informed consent or make a healthcare decision.  Specifies  
            that this section does not apply to existing law regarding  
            healthcare to be provided in an emergency or existing law  
            governing healthcare for un-emancipated minors. This section  
            shall not be used for the purposes of determining or directing  
            an inmate patient's control over finances, marital status, or  
            for convulsive treatment, as described in the Welfare and  
            Institutions Code, psychosurgery, sterilization, abortion, or  








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            involuntary administration of psychiatric medication.
          
          EXISTING LAW:  

          1)Specifies that a petition may be filed to determine that a  
            patient has the capacity to make a healthcare decision  
            concerning an existing or continuing condition and a petition  
            may be filed to determine that a patient lacks the capacity to  
            make a healthcare decision concerning specified treatment for  
            an existing or continuing condition, and further for an order  
            authorizing a designated person to make a healthcare decision  
            on behalf of the patient.  (Prob. Code, § 3201.)  

          2)Provides that a petition to determine capacity to make  
            healthcare decisions may be filed in the superior court of any  
            of the following counties:  (Prob. Code, § 3202.)  

             a)   The county in which the patient resides.

             b)   The county in which the patient is temporarily living.

             c)   Such other county as may be in the best interests of the  
               patient.

          3)Specifies the person who may file a petition to determine  
            whether a patient has capacity to make healthcare decisions as  
            any of the following:  (Prob. Code, § 3203.) 

             a)   The patient.

             b)   The patient's spouse.

             c)   A relative or friend of the patient, or other interested  
               person, including the patient's agent under a power of  
               attorney for healthcare.

             d)   The patient's physician.

             e)   A person acting on behalf of the healthcare institution  
               in which the patient is located if the patient is in a  
               healthcare institution.









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             f)   The public guardian or other county officer designated  
               by the board of supervisors of the county in which the  
               patient is located or resides or is temporarily living.

          4)Specifies that the contents of the petition should state or  
            set forth by a medical declaration attached to the petition,  
                                                                        all of the following known to the petitioner at the time the  
            petition is filed:  (Prob. Code, § 3204.)

             a)   The condition of the patient's health that requires  
               treatment.

             b)   The recommended healthcare that is considered to be  
               medically appropriate.

             c)   The threat to the patient's condition if authorization  
               for the recommended healthcare is delayed or denied by the  
               court.

             d)   The predictable or probable outcome of the recommended  
               healthcare.

             e)   The medically available alternatives, if any, to the  
               recommended healthcare.

             f)   The efforts made to obtain consent from the patient.

             g)   If the petition is filed by a person on behalf of a  
               healthcare institution, the name of the person to be  
               designated to give consent to the recommended healthcare on  
               behalf of the patient.

             h)   The deficit or deficits in the patient's mental  
               functions that are impaired, and an identification of a  
               link between the deficit or deficits and the patient's  
               inability to respond knowingly and intelligently to queries  
               about the recommended healthcare or inability to  
               participate in a decision about the recommended healthcare  
               by means of a rational thought process.

             i)   The names and addresses, so far as they are known to the  
               petitioner, of the persons specified.








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          5)Provides, upon the filing of the petition, the court shall  
            determine the name of the attorney the patient has retained to  
            represent the patient in the proceeding under this part or the  
            name of the attorney the patient plans to retain for that  
            purpose. If the patient has not retained an attorney and does  
            not plan to retain one, the court shall appoint the public  
            defender or private counsel to consult with and represent the  
            patient at the hearing on the petition and, if such  
            appointment is made, specified procedures shall apply.  (Prob.  
            Code, § 3205.)  

          6)Provides specified notification procedures for a hearing on  
            capacity to make healthcare decisions.  (Prob. Code, § 3206.)   


          7)States that, except as specified, the court may make an order  
            authorizing the recommended healthcare for the patient and  
            designating a person to give consent to the recommended  
            healthcare on behalf of the patient if the court determines  
            from the evidence all of the following:  (Prob. Code, § 3208.)

             a)   The existing or continuing condition of the patient's  
               health requires the recommended healthcare.

             b)   If untreated, there is a probability that the condition  
               will become life-endangering or result in a serious threat  
               to the physical or mental health of the patient.

             c)   The patient is unable to consent to the recommended  
               healthcare.

             d)   In determining whether the patient's mental functioning  
               is so severely impaired that the patient lacks the capacity  
               to make any healthcare decision, the court may take into  
               consideration the frequency, severity, and duration of  
               periods of impairment.

             e)   The court may make an order authorizing withholding or  
               withdrawing artificial nutrition and hydration and all  
               other forms of healthcare and designating a person to give  
               or withhold consent to the recommended healthcare on behalf  








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               of the patient if the court determines from the evidence  
               all of the following:

               i)     The recommended healthcare is in accordance with the  
                 patient's best interest, taking into consideration the  
                 patient's personal values to the extent known to the  
                 petitioner.

               ii)    The patient is unable to consent to the recommended  
                 healthcare.


          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "The state faces  
            an aging prison population.  Many inmates have no remaining  
            family ties and lack capacity to sign a release of information  
            or to appoint a decision-maker.  When an inmate suffers a  
            stroke or develops dementia during a prison term, existing  
            legal avenues for obtaining consent to release information to  
            relatives or to obtain consent to a proposed course of  
            treatment do not work well in a correctional setting.  This  
            bill will establish a readily available process to ensure that  
            an appropriate, qualified person is designated to act on  
            behalf of a medically or mentally compromised inmate."

          2)Background:  According to the background submitted by the  
            author, "The California Department of Corrections and  
            Rehabilitation (CDCR) has a growing population of elderly  
            inmates, a population with varied and complex needs, and which  
            has the largest share of complicated and acute medical  
            conditions.  Because this population is growing, it is  
            becoming more common for inmates to develop conditions that  
            render them temporarily or permanently incapacitated; this has  
            created legal dilemmas for inmates, family members, and prison  
            administrators.  Under current law, when an inmate suffers a  
            stroke or develops dementia during a prison term, existing  
            legal avenues under the Probate Code for obtaining consent to  
            release information to relatives or to obtain consent for a  
            proposed course of treatment do not anticipate the needs of an  








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            incapacitated person in a correctional setting.  A readily  
            available process is needed to ensure that an appropriate,  
            qualified person is designated to act on behalf of a medically  
            or mentally compromised inmate.

            "This bill establishes a streamlined process for obtaining  
            consent to release information to relatives or to obtain  
            consent for a proposed course of treatment for inmates  
            suffering from a debilitating medical condition that is not  
            life threatening but renders them unable to give consent.   
            This protocol solicits assistance from the Office of  
            Administrative Hearings to obtain consent through a process  
            similar to the procedure for administering psychiatric  
            medication to inmates, which establishes due process through  
            required participation from Administrative Law Judges and  
            inmate counsel.  The new system would incorporate the  
            substantive rules of capacity determinations and healthcare  
            decisions for adults without conservators, including notice to  
            next of kin and procedural safeguards for treatment."  

          3)Difficulties with the Existing Probate Law Process:  The  
            existing process outlined in the existing law section of this  
            analysis presents a number of hurdles for inmates in the  
            California State Prison System.  The existing law is modeled  
            on a conservator system.  This process requires that prison  
            medical staff must go through the superior court of the county  
            in which the inmate is housed whenever a medical emergency  
            arises, or an episodic injury occurs which incapacitates an  
            inmate.  Going through the existing process causes a  
            significant wait time of six weeks to six months.  During that  
            period, while the inmate is incapacitated, prison officials  
            are unable to update the inmate's family members as to their  
            condition in fear of violating the federal Health Insurance  
            Portability and Accountability Act (HIPAA).  HIPAA protects  
            patient confidentiality through strict restrictions on  
            dissemination of information.  Due to the fact that these  
            patients often do not have advanced healthcare directives, the  
            information as to their health is privileged from  
            dissemination until a decision by the Superior Court can be  
            made.  This bill would authorize an administrative procedure  
            with existing procedures in the prison system.  Under existing  
            practices administrative law judges already hold hearings in  








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            California State Prisons, called Keyea hearings. Permitting  
            these administrative proceedings to handle these healthcare  
            decisions would arguably shorten the existing wait times. 
          
          4)Argument in Support:  According to California Correctional  
            Health Care Services (CCHCS), "Currently state prisoners over  
            the age of 50 are the fastest growing segment of the prison  
            population.  As these prisoners age, many lose the capacity to  
            make medical determinations on their own, due to dementia,  
            strokes, and other debilitating medical conditions.  Under  
            existing law, prison officials are required to go through the  
            process under Probate Code Section 3200, which requires a  
            Superior court hearing to appoint an individual responsible  
            for making medical determinations for the prisoner.  
            
            "AB 1423 would establish a streamlined legal process, using  
            Administrative Law Judges, to make this determination and  
            which is patterned after the existing process used for  
            obtaining consent for involuntary medication for prisoners.   
            This process, called a Keyea hearing, has been in place since  
            the mid-1900s and has proven throughout the years to provide  
            the necessary legal safeguards while providing a savings to  
            the State through elimination of Superior Court resources.  

            "The bill is a common sense measure that will provide added  
            benefit to the inmate population by speeding up the process  
            for obtaining the necessary authority to provide treatment  
            services in cases where the inmate lacks decision making  
            capability."  

          5)Argument in Opposition:  According to Disability Rights  
            California, "Existing law provides for the designation and  
            selection of health care surrogates, and for the manner of  
            making health care decisions for patients without surrogates. 
            
            "Existing law prohibits the administration of psychiatric  
            medication to an inmate in state prison on a nonemergency  
            basis without the inmate's informed consent, unless certain  
            conditions are satisfied, including, among other things that a  
            psychiatrist determines the inmate is gravely disabled and  
            does not have the capacity to refuse medication. Existing law  
            authorizes a physician to administer psychiatric medication to  








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            a prison inmate in emergency situations. 



            "This bill would establish a process for a licensed physician  
            or dentist to file a petition with the Office of  
            Administrative Hearings to request an administrative law judge  
            make a determination as to a patient's capacity to give  
            informed consent or make a health care decision, and request  
            appointment of a surrogate decision maker. The bill would  
            require the petition to contain specified information,  
            including, among other things, the inmate patient's current  
            physical condition and a description of the health care  
            conditions currently afflicting the inmate patient. 





            "This process is redundant and unnecessary. There is already a  
            process to get a medical treatment order from the Superior  
            Court. Current procedures are adequate and contain appropriate  
            due process protections. There is simply no need for this  
            bill." 



          6)Prior Legislation:  

             a)   AB 1907 (Lowenthal), Chapter 814, Statutes of 2012,  
               provided that no individual sentenced to imprisonment in  
               county jail for specified felonies shall be administered  
               any psychiatric medication without his or her prior  
               informed consent, unless specified circumstances are met.    
               Additionally, made conforming changes to the process by  
               which inmates of the California Department of Corrections  
               and Rehabilitation (CDCR) can be involuntarily medicated.    


             b)   AB 1114 (Lowenthal), Chapter 665, Statues of 2011,  
               changed the procedures for involuntarily medicating inmates  
               of CDCR.  








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             c)   SB 795 (Blakeslee), of the 2011-12 Legislative Session,  
               would have changed the process for involuntary medication  
               of defendants found mentally incompetent during the  
               criminal process.  SB 795 failed passage in the Senate  
               Public Safety Committee.

             d)   AB 2380 (Dymally), of the 2005-06 Legislative Session,  
               would have clarified that "treatment" for medically  
               disordered offenders paroled to other facilities for  
               treatment includes involuntary medication.  AB 2380 failed  
               passage in this Committee.

             e)   AB 1424 (Thompson), Chapter 506, Statutes of 2001,  
               related to the involuntary medication for individuals under  
               the Lanterman-Petris-Short Act.

             f)   AB 2798 (Thompson), of the 1999-2000 Legislative  
               Session, would have authorized a judicially committed  
               forensic patient in a state hospital to be medicated  
               involuntarily with antipsychotic mediation in accordance  
               with specified procedures.  AB 2798 was never heard by this  
               Committee.


          REGISTERED SUPPORT / OPPOSITION:

          Support
          
          California Correctional Health Care Services 
          California Public Defenders Association 

          Opposition
          
          Disability Rights California 

          Analysis Prepared  
          by:              Gabriel Caswell / PUB. S. / (916) 319-3744












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