BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 319|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   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:   










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          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:







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          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  







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            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  







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            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"  







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          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  







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          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








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          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


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