BILL ANALYSIS Ó SB 253 Page 1 SENATE THIRD READING SB 253 (Monning) As Amended August 4, 2016 Majority vote SENATE VOTE: 40-0 -------------------------------------------------------------------- |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+-----------------------+---------------------| |Judiciary |10-0 |Mark Stone, Wagner, | | | | |Alejo, Chau, Chiu, | | | | |Gallagher, | | | | | | | | | | | | | | |Cristina Garcia, | | | | |Holden, Maienschein, | | | | |O'Donnell | | | | | | | |----------------+-----+-----------------------+---------------------| |Human Services |7-0 |Chu, Mayes, Calderon, | | | | |Lopez, Maienschein, | | | | |Mark Stone, Thurmond | | | | | | | |----------------+-----+-----------------------+---------------------| |Appropriations |12-0 |Gomez, Bloom, Bonta, | | | | |Calderon, Nazarian, | | SB 253 Page 2 | | |Eggman, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Holden, Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | -------------------------------------------------------------------- SUMMARY: Revises and strengthens, as of January 1, 2018, juvenile court oversight requirements for administration of psychotropic medications to wards and dependents. Specifically, this bill: 1)Requires the court to verify, when authorizing administration of a psychotropic medication, that the medication is only one part of a comprehensive treatment plan for the child, which must include and specify the psychosocial, behavioral and alternative services the child will receive in addition to any authorized medication. 2)Allows the juvenile court to authorize psychotropic medication to a ward or dependent only if the court determines that administration of the medication is in the best interest of the child based on a determination that the anticipated benefits of the psychotropic medication outweigh the short- and long-term risks associated with it. Provides that the medication cannot be ordered if it is being used as a punishment, for purposes other than treatment of a diagnosed mental health condition, as a substitute for less invasive treatments, or in quantities that interfere with the child's treatment program. Provides that the authorization is effective for no more than 180 days. 3)Provides that an order authorizing psychotropic medication shall only be granted if the court: SB 253 Page 3 a) Is provided documentation confirming the child's caregiver and the child have been informed, in an age and developmentally appropriate manner, about the recommended medications and asked about their concerns, and the child has been informed of his or her right to object to the authorization and request a hearing. b) Is provided with the written consent or refusal to assent from a child who is 12 years of age or older. c) Determines that the prescribing physician was provided a copy of the child's health and education summary or passport, and confirms that there are no less invasive and effective treatment options available to meet the child's needs; the dosage is appropriate for the child; the short- and long-term risks do not outweigh the benefits of the medication; and all appropriate lab screenings for the child have been performed or ordered, as provided. d) Determines that a plan is in place for regular monitoring of the child's medication and psychosocial treatment plan, the effectiveness of the medication and psychosocial treatment, and any potential side effects of the medication. 4)Prohibits the authorization of psychotropic medications without a preauthorization review, as defined, from a child psychiatrist or behavioral pediatrician in any of the following circumstances: a) The child is five years old or less; b) The request would result in the child receiving three or more psychotropic medications concurrently; or c) The request is for concurrent medication of two antipsychotic medications. SB 253 Page 4 5)Prohibits the court from authorizing the administration of psychotropic medications unless it is provided documentation that the appropriate lab tests, done no more than 45 days prior to the submission of the request, have been completed. 6)Requires the court, no later than 60 days following an authorization for a new psychotropic medication, or at the next review hearing scheduled no earlier than 45 days after the authorization, to conduct a review hearing. Requires the social worker to submit a report prior to the review hearing. Requires the court to reconsider, modify or revoke its authorization if it determines that the proffered benefits of the medication have not been demonstrated or that the risks of the medication outweigh the benefits. 7)Allows a psychotropic medication to be administrated without court authorization in an emergency, provided that court authorization is sought as soon as practical, but no more than two court days after administering the medication and all of the following are true: a) The physician finds that the child requires the medication to treat a psychiatric disorder or illness; b) The medication is immediately necessary for the preservation of life or prevention of serious bodily harm for the child or others; and c) It is impractical to obtain court approval prior to administering the medication. 8)Provides that nothing in the bill grants anyone the authority to administer psychotropic medication to a child who refuses to take the medication. Provides that no person may threaten, coerce, withhold privileges or otherwise penalize a child for refusing to take psychotropic medication. A child cannot be SB 253 Page 5 involuntarily administered a psychotropic medication unless otherwise specifically permitted. 9)Requires, by January 1, 2018, that the Judicial Council amend and adopt rules of court and appropriate forms for implementation of this legislation, as provided. 10)Exempts Food and Drug Administration (FDA) -approved, self-administered hormonal contraceptives from the limitation that a pharmacist may only dispense a 90-day supply of dangerous drugs, and instead requires a pharmacist to dispense, at a patient's request, up to a 12-month supply, as provided. EXISTING LAW: 1)Provides that a minor may be removed from the physical custody of his or her parents and become a dependent of the juvenile court as the result of abuse or neglect. 2)Provides that a juvenile court has jurisdiction over a child when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward. 3)Authorizes the court to make any and all reasonable orders for the care, supervision, custody, conduct, maintenance and support of a dependent child, including medical treatment. 4)Authorizes the court to allow a social worker or probation officer to authorize the medical, surgical, dental or other remedial care for a ward or dependent child who has been placed by the court under the custody or supervision of a social worker or probation officer, if it appears there is no parent or guardian capable of authorizing or willing to authorize medical, surgical, dental or other care. SB 253 Page 6 5)Authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services. 6)Provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent or ward of the court and removed from the physical custody of his or her parent. Defines "psychotropic medicine" as those medicines administered to treat psychiatric disorders or illnesses and includes anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia and psychostimulants. 7)Requires court authorization for the administration of psychotropic medication to be based on a request from a physician, indicating the reasons for the request, a description of the minor's diagnosis and behavior, the expected results of the medication and a description of any side effects of the medication. Requires, within seven court days, the juvenile court to either approve or deny in writing a request for authorization for the administration of psychotropic medication, or to set the matter for hearing. Requires the Judicial Council to adopt rules of court and develop appropriate forms. 8)Requires trainings of specified individuals to include information about the authorization, uses, risks, benefits, assistance with self-administration, oversight and monitoring of psychotropic medication, and substance use disorder and mental health treatments, including how to access those treatments. SB 253 Page 7 9)Requires the Judicial Council, on or before July 1, 2016, in consultation with specified stakeholders, to amend and adopt rules of court and develop appropriate forms regarding new requirements for authorization of psychotropic medication to wards or dependent children. Requires the rules and forms to ensure: a) The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed. b) Information regarding the child's overall mental health assessment and treatment plan is provided to the court. c) Information regarding the rationale for the proposed medication, including information about other pharmacological and nonpharmacological treatments and the child's response to those treatments, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms. d) Guidance on how to evaluate the request for authorization, including how to proceed if required information is not included in a request. 10)Requires the rules and forms in 9) above, to include a process for periodic oversight by the court, facilitated by the county social worker, public health nurse, or other appropriate county staff, of orders regarding the administration of psychotropic medication that includes specified information. Provides that oversight be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court. 11)Provides that a pharmacist may not dispense more than a SB 253 Page 8 90-day supply of a dangerous drug, as provided. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)Potentially major increase in Medi-Cal program costs up to the low millions of dollars (Federal Funds/General Fund (GF)) annually to the extent the provisions of this measure result in additional medical examinations for second opinions, as well as an increase in lab screenings, measurements, and tests completed that otherwise would not occur under existing law. 2)Annual costs of about $1.0 million (Federal Fund/GF) for social workers to identify cases that require a second opinion, make arrangements for the youth to be examined by the second medical practitioner, ensure the child's screenings, lab tests, and measurements have occurred no more than 45 days from the date of the request to the court, and attend the additional review hearings. 3)Annual costs, ranging from $1 million to $2 million (GF), for review hearings for approximately 10,000 requests for psychotropic medication authorizations each year. 4)Annual costs of around $1 million (GF) for document management related to approximately 10,000 requests for psychotropic medication authorizations per year. 5)One-time costs of $77,000 (GF) to the Judicial Council to develop/revise forms and rules. 6)Potentially significant off-setting decrease in Medi-Cal program costs (Federal Funds/GF) to the extent the enhanced oversight and monitoring process results in reduced SB 253 Page 9 utilization of psychotropic medications for this population of youth. To the extent the reduced utilization of these medications are replaced with alternative treatment options/psychosocial services could result in additional offsetting costs. COMMENTS: This bill is the last part of a package of bills introduced in 2015 in response to very troubling, recent reports on the overmedicating of children in the juvenile court system with psychotropic drugs. Psychotropic medication alters chemical levels in the brain which impact mood and behavior and includes antipsychotics, antidepressants and psychostimulants. The category of psychotropic medication is fairly broad, intending to treat symptoms of conditions ranging from Attention Deficit Hyperactivity Disorder (ADHD) to childhood schizophrenia. Much of the use of psychotropic drugs in children is considered "off label," meaning the use has not been approved by the FDA for the prescribed use, though the practice is legal and common across all manner of pharmaceuticals. This comprehensive bill seeks to improve ongoing juvenile court oversight by providing a detailed framework the court must use when determining whether to approve the administration of psychotropic medication to wards and foster children, and requires judicial oversight of any ongoing treatment to help ensure that these powerful drugs are only used when medically necessary and appropriate for the particular child and that such usage is very carefully monitored to ensure any benefits of the medication are not outweighed by its short- and long-term risks. Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0003711 SB 253 Page 10