BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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,    |                     |








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          |                |     |Eggman,                |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Eduardo Garcia,        |                     |
          |                |     |Holden, Quirk, Rendon, |                     |
          |                |     |Weber, Wood            |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
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          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:










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             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.  









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          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  








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            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.  









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          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.








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          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  








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            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  








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            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









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