BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 319| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 319 Author: Beall (D) Amended: 6/2/15 Vote: 21 SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/21/15 AYES: McGuire, Berryhill, Hancock, Liu, Nguyen SENATE HEALTH COMMITTEE: 9-0, 4/29/15 AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan, Roth, Wolk SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Child welfare services: public health nursing SOURCE: National Center for Youth Law DIGEST: 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. ANALYSIS: SB 319 Page 2 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 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 percent 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: SB 319 Page 3 1)Recasts the requirement for collaboration between the foster care public health nurse and the child's social worker, requiring both to consult, collaborate and share information in a timely manner to ensure that the child's physical, mental, dental and developmental needs are met. 2)Expands the duties of the foster care public health nurse to include monitoring, in collaboration with the child's county social worker and mental health worker, each child in foster care who is administered one or more psychotropic medication including: a) Reviewing each court request to ensure that all required information is provided in the application to the court, as specified. b) Reviewing, monitoring, engaging and documenting the child's health and education passport to ensure that laboratory tests, and other specified assessments required to meet reasonable standards of medical practice have been completed. c) Reviewing, monitoring and confirming that the juvenile court has authorized the psychotropic medication to be administered to the child. d) Reviewing, monitoring, and engaging with the caregiver and confirming that periodic follow up visits with the prescribing physician, lab work, and other measurements are completed. e) Documenting in the child's health and education passport information about authorized psychotropic medication. f) Reviewing and documenting the response of the child to the administration of psychotropic medication, as specified. 1)Provides that the foster care public health nurse shall be SB 319 Page 4 considered a third party, legally authorized to have access to the child's medical, dental and mental health care information. 2)Authorizes a provider of health care to disclose medical information to the foster care public health nurse, as specified. 3)Authorizes the disclosure of information and records obtained in the course of providing services, as defined, to specified state and county mental health services and providers of services related to developmental disabilities to the foster care public health nurse. 4)Applies privacy and non-disclosure provisions pertaining to the above authorizations to the foster care public nurse. Background: The Health Care Program for Children in Foster Care (HCPCFC). This program operates within the child welfare services system to provide a public health nurse to assist the child welfare system in meeting 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 Prevention (CHDP) program and counties are required to provide foster care public health nursing services. Under the program, foster care public health nurses provide the following services in consultation and collaboration with social workers and probation officers: 1)Medical and health care case planning; 2)Assistance foster caregivers in obtaining timely health assessments and dental examinations for children; 3)Expediting referrals for medical, dental, mental health and developmental services; 4)Coordinating health services for children in out-of-county and SB 319 Page 5 out-of-state placements; 5)Providing medical education through the interpretation of medical reports and training; 6)Participating in the creation and updating of the Health and Education Passport. Services provided by foster care public health nurses are eligible for enhanced federal matching funds of 75 percent and are limited to health-related case management and may not include direct health care services per federal law. Psychotropic Medication Use in Children. 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 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. Anti-psychotic medications, used to treat more severe mental health conditions, 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. 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 "cardiometabolic and endocrine side-effects" SB 319 Page 6 as well as significant weight gain. 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. Protecting the health and well-being of children who are taking one or more psychotropic medications 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. Recent media 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. A series published in the San Jose Mercury News detailed significant challenges in accessing pharmacy benefits claims data held by the California Department of Health Care Services (DHCS), and demonstrated that prescribing rates, dosages and regimens were far higher and more concerning than had been anticipated by child welfare system experts. 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: 1)The reasons for the request; 2)A description of the child's diagnosis and behavior; 3)The expected results of the medication; 4)A description of any side effects of the medication. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee, it is SB 319 Page 7 estimated that this bill would incur annual costs of $4.5 million per year to provide additional services to foster youth who are administered psychotropic drugs (25 percent General Fund and 75 percent federal funds). Their analysis further assumed that counties would need additional public health nurses to provide those additional services, at an average caseload of 1:200. SUPPORT: (Verified6/2/15) National Center for Youth Law (source) Advokids Alameda County Board of Supervisors Alameda County Foster Youth Alliance California Alliance California Court Appointed Special Advocates (CASA) California Department of Justice California Nurses Association California Youth Connection Children's Advocacy Institute Children's Law Center of California 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 OPPOSITION: (Verified6/2/15) None received SB 319 Page 8 ARGUMENTS IN SUPPORT: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. Prepared by:Sara Rogers / HUMAN S. / (916) 651-1524 6/2/15 21:03:09 **** END ****