BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: SB 319 ----------------------------------------------------------------- |Author: |Beall | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |March 26, 2015 |Hearing |April 21, 2015 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sara Rogers | |: | | ----------------------------------------------------------------- Subject: Child welfare services: public health nursing SUMMARY This bill expands the duties of the foster care public health nurse to include monitoring and oversight of the administration of psychotropic medication to foster children, as specified. This bill also requires counties to provide child welfare public health nursing services by contracting with the community child health and disability prevention program established by the county. ABSTRACT Existing law: 1) Establishes a program of public health nursing in the child welfare services program that provides health-related case management services from a foster care public health nurse to coordinate with child welfare service workers regarding the provision of health care services to children in foster care. (WIC 16501.3) 2) Specifies, but does not limit, the health related case management duties of the foster care public health nurse to include documenting that each child receives initial and follow-up screenings, collecting health information and SB 319 (Beall) PageB of? other relevant data, expediting referrals, facilitating the acquisition of necessary court authorizations for procedures or medications, and others. (WIC 16501.3) 3) Limits the scope of services provided by the foster care public health nurse to services reimbursable under Title XIX of the federal Social Services Act, which provides a 75% match for health-related case management, but which excludes the direct provision of health care services. (WIC 16501.3 and 42 USC Sec. 1396) 4) Requires counties to establish a community child health and disability prevention program for the purpose of providing early and periodic assessments of the health status of children in the county or counties and provides that counties shall be reimbursed for the amount required in accordance with the approved community child health and disability prevention plan. (HSC 124040 and 124065) 5) 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 of the court and removed from the physical custody of his or her parent. (WIC 395.5) This bill: 1) Requires counties to provide child welfare public health nursing services by contracting with the community child health and disability prevention program established by the county. 2) Recasts the requirement for collaboration between the foster care public health nurse and the child's social worker, requiring both to consult and collaborate to ensure that the child's physical, mental, dental and developmental needs are met and to and share information in a timely manner SB 319 (Beall) PageC of? 3) Provides that the foster care public health nurse shall have access to the child's medical, dental and mental health care information. 4) Assigns the following additional duties to the foster care public health nurse: Monitoring and oversight of each child in foster care who is administered one or more psychotropic medications, including the review of each court request pursuant to WIC 395.5, to ensure that lab tests, and other specified assessments required to meet reasonable standards of medical practice have been completed. Ensuring the juvenile court has authorized the psychotropic medication to be administered to the child. Ensuring periodic followup visits with the prescribing physician, lab work, and other measurments are completed. Ensuring the child's health and education passport includes accurate documentation concerning authorized psychotopic medication. Assessing, monitoring, and documenting the response of the child to the administration of psychotropic medication through review and interpretation of the laboratory tests, reports by the child and caregiver, and other screenings. Ensuring that any adverse effects of the medication reported by the child or child's caregiver are promptly addressed, and, if necessary, brought to the attention of the court, the child's social worker, or both. 1) Authorizes a provider of health care to disclose medical information to the foster care public health nurse acting pursuant to scope of the public health nursing program established in statute. SB 319 (Beall) PageD of? 2) Authorizes the disclosure of information and records obtained in the course of providing services under specified divisions of the Welfare and Institutions Code pertaining to specified state and county mental health services and services related to developmental disabilities to the foster care public health nurse. FISCAL IMPACT This bill has not been analyzed by a fiscal committee. BACKGROUND AND DISCUSSION Purpose of the bill: The author states that nearly one in four foster children and 56 percent of children in group homes are receiving psychotropic drugs, often without adequate oversight. The author further states that without adequate oversight, these medications can cause irreversible damage, and many youth experience long-term side effects, including diabetes, heart disease, irreversible tremors, tics, weight gain and drowsiness. According to the author, this bill utilizes public health nurses to oversee the medical monitoring of psychotropic drugs to increase oversight and reduce the number of children prescribed these drugs. The Health Care Program for Children in Foster Care (HCPCFC) HCPCFC implements California statute establishing a program of public health nursing within the child welfare services system. According to the Department of Health Care Services, the program provides public health nurse expertise to meet the medical, dental, mental and developmental needs of children and youth in foster care. Currently, administrative responsibilities for the program are managed by the local Child Health and Disability SB 319 (Beall) PageE of? Prevention (CHDP) program. Under the program, public health nurses provide the following services in consultation and collaboration with social workers and probation officers. " Medical and health care case planning " Assistance foster caregivers in obtaining timely health assessments and dental examinations for children " Expediting referrals for medical, dental, mental health and developmental services " Coordinating health services for children in out-of-county and out-of-state placements; " Providing medical education through the interpretation of medical reports and training " Participating in the creation and updating of the Health and Education Passport Child Health and Disability Prevention Program (CHDP) According to the Department of Health Care Services which oversees CHDP, this preventive program delivers "periodic health assessments and services to low income children and youth in California including care coordination to assist families with medical appointment scheduling, transportation, and access to diagnostic and treatment services. Health assessments are provided by enrolled private physicians, local health departments, community clinics, managed care plans, and some local school districts. The CHDP program provides complete health assessments for the early detection and prevention of disease and disabilities for low-income children and youth. A health assessment consists of a health history, physical examination, developmental assessment, nutritional assessment, dental assessment, vision and hearing tests, a tuberculin test, laboratory tests, immunizations, health education/anticipatory guidance, and referral for any needed diagnosis and treatment."<1> Psychotropic Medication Use in Children --------------------------- <1> http://www.dhcs.ca.gov/services/chdp/Pages/default.aspx SB 319 (Beall) PageF of? Concern over the use of psychotropic medications among children has been well-documented in research journals and the mainstream media for more than a decade. The category of psychotropic medication is fairly broad, intending to treat symptoms of conditions ranging from ADHD to childhood schizophrenia. Some of the drugs used to treat these conditions are FDA-approved, including stimulants like Ritalin for ADHD, however only about 31 percent of psychotropic medications have been approved by the U.S. Food and Drug Administration (FDA) for use in children or adolescents. It is estimated that more than 75 percent of the prescriptions written for psychiatric illness in this population are "off label" in usage, meaning they have not been approved by the FDA for the prescribed use, though the practice is legal and common across all manner of pharmaceuticals.<2> Anti-psychotic medications, used to treat more severe mental health conditions, include powerful brand-name drugs such as Haldol, Risperdal, Abilify, Seroquel and Zyprexa. They have very limited approval by the FDA for pediatric use beyond rare and severe conduct problems that are resistant to other forms of treatment, such as Tourette's syndrome, behavioral symptoms associated with autistic disorder, childhood schizophrenia, and bipolar disorder.<3> However, the off-label use of these anti-psychotics among children is high, particularly among foster children. According to a study published in 2011, children who took antipsychotic medications were likely to suffer ill health effects including "cardio metabolic and --------------------------- <2>https://www.magellanprovider.com/mhs/mgl/providing_care/clinic al_guidelines/clin_monographs/psychotropicdrugsinkids.pdf <3> Harrison, et al, "Antipsychotic Medication Prescribing Trends in Children and Adolescents," Journal of Pediatric Health care, March 2012. SB 319 (Beall) PageG of? endocrine side-effects" as well as significant weight gain.<4> The authors recommended that collaboration between child and adolescent psychiatrists, general practitioners and pediatricians is essential to "reduce the likelihood of premature cardiovascular morbidity and mortality." Compounding the potential for unintended side effects is the use of combinations of psychotropic medications, which foster youth are particularly likely to be prescribed, despite limited evidence of clinical efficacy.<5> Protecting the health and well-being of children who are taking one or more psychotropic medication requires extensive and ongoing health and metabolic screenings to identify potential adverse effects quickly, however in practice many children many fail to receive ongoing screenings and adverse effects may go undetected causing permanent injury or death. Drugging our Children Media Series A recent series of stories published in the San Jose Mercury News<6> and most recently in the Los Angeles Times, highlighted growing concerns that psychotropic medications have been relied on by California's child welfare and children's mental health systems as a means of controlling, instead of treating, youth who suffer from trauma-related behavioral health challenges. The series detailed significant challenges in accessing pharmacy benefits claims data held by the California Department of Health Care Services (DHCS), eventually overcome through a Public Records Act request and lengthy negotiations, and demonstrated that prescribing rates were far higher than had been anticipated by child welfare system experts. --------------------------- <4> DeHert, Dobbelaere, Sheridan, et al "Metabolic and endocrine adverse effects of second-generation antipsychotics in children and adolescents: A systematic review of randomized, placebo controlled trials and guidelines for clinical practice," European Psychiatry, April 2011, pgs 144-58. <5> http://www.ncbi.nlm.nih.gov/pubmed/25022817 <6> Drugging our Kids. Karen De Sa. San Jose Mercury News. SB 319 (Beall) PageH of? Court oversight mechanisms SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that once a child has been adjudged a dependent of the state, only the court may authorize psychotropic medications for the child, based on a request from a physician that includes the following:<7> The reasons for the request; A description of the child's diagnosis and behavior; The expected results of the medication; A description of any side effects of the medication. Related legislation: SB 238 (Mitchell, 2015) requires specified certification and training programs for group home administrators, foster parents, child welfare social workers, dependency court judges and court appointed council to include training on psychotropic medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill requires the Judicial Council to update court forms pertaining to the authorization of psychotropic medication, and requires CDSS to develop an individualized monthly report, a form to share information and an alert system, used by county child welfare agencies, regarding the administration of psychotropic medication for a foster youth. SB 253 (Monning, 2015) provides that an order of the juvenile court authorizing psychotropic medication shall require clear and convincing evidence of specified conditions. This bill also prohibits the authorization of psychotropic medications without a second independent medical opinion under specified circumstances. Furthermore, this bill prohibits the authorization of psychotropic medications unless the court is provided documentation that appropriate lab screenings, measurements, or tests have been completed, as specified. This bill also requires the court, no later than 45 days following an authorization for psychotropic medication, to conduct a review --------------------------- <7> WIC 369.5 SB 319 (Beall) PageI of? to determine specified information regarding the efficacy of the child's treatment plan. SB 484 (Beall, 2015) requires the CDSS to publish and make available to interested persons specified information regarding the administration of psychotropic medication in residential facilities serving dependent children. Additionally, this bill requires CDSS to inspect facilities at least once per year, as specified, if the facility is determined to have a higher than average rate of psychotropic medication authorization rate for children residing in the facility and to monitor corrective action plans, as specified. POSITIONS Support: National Center for Youth Law (Sponsor) Advokids Alameda County Board of Supervisors Alameda County Foster Youth Alliance California Alliance California Court Appointed Special Advocates (CASA) California Nurses Association California Youth Connection Children's Advocacy Institute Children Now Children's Partnership County Welfare Directors Association of California Dependency Legal Group of San Diego First Focus Campaign for Children Humboldt County Transition Age You Collaboration John Burton Foundation for Children Without Homes Legal Advocates for Children and Youth LIUNA Locals 777 & 792 Peers Envisioning and Engaging in Recovery Services Public Counsel's Children's Rights Project Youth Law Center 9 individuals Oppose: None. SB 319 (Beall) PageJ of? -- END --