BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SB 319


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         SENATE THIRD READING


         SB  
         319 (Beall)


         As Amended  August 28, 2015


         Majority vote


         SENATE VOTE:  40-0


          ------------------------------------------------------------------ 
         |Committee       |Votes|Ayes                  |Noes                |
         |                |     |                      |                    |
         |                |     |                      |                    |
         |                |     |                      |                    |
         |----------------+-----+----------------------+--------------------|
         |Human Services  |7-0  |Chu, Mayes, Calderon, |                    |
         |                |     |Lopez, Maienschein,   |                    |
         |                |     |Mark Stone, Thurmond  |                    |
         |                |     |                      |                    |
         |----------------+-----+----------------------+--------------------|
         |Health          |19-0 |Bonta, Maienschein,   |                    |
         |                |     |Bonilla, Burke,       |                    |
         |                |     |Chávez, Chiu, Gomez,  |                    |
         |                |     |Gonzalez, Roger       |                    |
         |                |     |Hernández, Lackey,    |                    |
         |                |     |Nazarian, Patterson,  |                    |
         |                |     |Ridley-Thomas,        |                    |
         |                |     |Rodriguez, Santiago,  |                    |
         |                |     |Steinorth, Thurmond,  |                    |
         |                |     |Waldron, Wood         |                    |
         |                |     |                      |                    |
         |----------------+-----+----------------------+--------------------|








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         |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
         |                |     |Bloom, Bonta,         |                    |
         |                |     |Calderon, Chang,      |                    |
         |                |     |Nazarian, Eggman,     |                    |
         |                |     |Gallagher, Eduardo    |                    |
         |                |     |Garcia, Holden,       |                    |
         |                |     |Jones, Quirk, Rendon, |                    |
         |                |     |Wagner, Weber, Wood   |                    |
         |                |     |                      |                    |
         |                |     |                      |                    |
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         SUMMARY: Includes the monitoring and oversight of psychotropic  
         medications among the duties of foster care public health nurses,  
         and ensures these nurses' access to relevant medical information.   
         Specifically, this bill:  


         1)Authorizes a provider of health care to disclose medical  
           information to a foster care public health nurse, as defined,  
           for the purpose of coordinating health care services and medical  
           treatment for a minor who has either been taken into temporary  
           custody, had a petition filed with the court, or been adjudged a  
           dependent child or ward of the juvenile court, as specified.


         2)Specifies that medical information regarding a minor, as  
           defined, disclosed by a provider of health care to authorized  
           entities includes, but is not limited to, information related to  
           screenings, assessments, and laboratory tests necessary to  
           monitor the administration of psychotropic medications.


         3)Requires that a foster care health nurse have access to a  
           child's medical, dental, and mental health care information in  
           order to allow that nurse to fulfill his or her duties, as  
           specified, and in a manner that is consistent with all relevant  
           privacy requirements.








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         4)Includes among the duties of public health nurses the monitoring  
           and oversight of psychotropic medications.


         5)Requires a foster care public health nurse to, among other  
           things at the request of and under the direction of a nonminor  
           dependent, assist the nonminor dependent in making informed  
           decisions about his or her health care by, at a minimum,  
           providing educational materials.


         EXISTING LAW:   


         1)Requires the Department of Social Services (DSS) to establish  
           and maintain a public health nursing program in the child  
           welfare services system, as specified, whereby counties are  
           required to use the services of foster care public health nurse.  
            Further states that the purpose of this program is to identify,  
           respond to, and enhance the physical, mental, dental, and  
           developmental well-being of children in the child welfare  
           system.  (Welfare and Institutions Code (WIC) Section 16501.3)


         2)Requires foster care public health nurses to work with the  
           appropriate child welfare services workers to coordinate health  
           care services, as specified.  Further outlines the duties of  
           foster care public health nurses.  (WIC Section 16501.3)


         3)Limits the services a foster care public health nurse can  
           provide to those reimbursable under Title XIX of the federal  
           Social Security Act, which provides enhanced matching funds  
           (75%) for services pertaining to health-related case management,  
           but not for direct health care services.  (WIC Section 16501.3  
           and 42 United States Code Section 1396 et seq.)









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         4)Establishes conditions under which confidential information and  
           records regarding a minor who has been taken into temporary  
           custody or adjudged a dependent child or ward of the court may  
           be shared with specified entities for purposes of coordinating  
           health care services and medical treatment.  (WIC Section  
           5328.04)


         5)Defines "psychotropic medication" or "psychotropic drugs" as  
           those medications administered for the purpose of affecting the  
           central nervous system to treat psychiatric disorders or  
           illnesses.  Further states that these medications include, but  
           are not limtied to, anxiolytic agents, antidepressants, mood  
           stabilizers, antipsychotic medications, anti-Parkinson agents,  
           hypnotics, medications for dementia, and psychostimulants. (WIC  
           Section 369.5 (d))


         FISCAL EFFECT:  According to the Assembly Appropriations  
         Committee, this bill may result in the following costs:


         1)Unknown, but likely significant, ongoing costs to DCHS for  
           foster care public health nurses to monitor and oversee  
           psychotropic medications.


         2)Ongoing non-reimbursable costs of approximately $6 million  
           ($4.85 million General Fund (GF)) to DSS for social workers to  
           work with foster care public health nurses to coordinate health  
           care services. (Proposition 30 exempts the State from mandate  
           reimbursement for realigned programs, however, legislation that  
           has an overall effect of increasing the costs already borne by a  
           local agency for realigned programs, including child welfare  
           services, apply to local agencies only to the extent that the  
           State provides annual funding for the cost increase.)










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         3)One time costs of $45,000 ($22,000 GF) and ongoing costs of  
           $7,000 ($3,500 GF) to DHCS to develop curriculum and train  
           public health nurses.





         COMMENTS:  


         Foster care public health nurses:  AB 1111 (Chesbro), Chapter 147,  
         Statutes of 1999, required DSS to establish a program of public  
         health nursing within the child welfare services program. This  
         program - the Health Care Program for Children in Foster Care - is  
         located in county child welfare agencies and probation departments  
         and serves to assist in meeting the medical, dental, mental  
         health, and developmental needs of foster youth. 


         Foster care public health nurses work with child welfare  
         caseworkers and probation officers to promote access to  
         comprehensive health services.  Federal funding requirements  
         stipulate that the services provided by foster care public health  
         nurses must be limited to health-related case management and not  
         involve the provision of direct health care services.  Under the  
         supervision of supervising public health nurses, foster care  
         public health nurses consult and collaborate with social workers  
         and probation officers to provide services such as: medical and  
         health care case planning; expediting referrals for medical,  
         dental, mental health and developmental services; and helping to  
         develop and maintain each child's Health and Education Passport,  
         which provides a summary of all obtainable health and education  
         information for foster youth that travels with each youth  
         throughout out-of-home placement.  According to the County Welfare  
         Directors Association of California, there are approximately 250  
         foster care public health nurses working throughout the state.










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         Psychotropic medications and foster youth:  Psychotropic  
         medications include drugs prescribed to manage psychiatric and  
         mental health disorders or issues including depression,  
         obsessive-compulsive disorder, attention deficit hyperactivity  
         disorder, bipolar disorder, schizophrenia, and others.  


         There continues to be significant concern over the use of  
         psychotropic medications for children, due to a vast array of side  
         effects (which can include aggressive behavior, hostility,  
         seizures, significant weight gain, and more) and due to the fact  
         that the long-term effects for children using these drugs are  
         largely unknown.  Research has repeatedly indicated that children  
         and youth in foster care face higher levels of inappropriate or  
         excessive medication use, and that those foster youth placed in  
         group home settings are particularly vulnerable to  
         over-prescription and misuse of psychotropic medications.  Data  
         shared by the author's office indicate that, in Fiscal Year  
         2013-14, almost 15% of all foster youth in California ages zero to  
         20 years old were prescribed at least one psychotropic medication;  
         looking specifically at all foster youth ages 12 through 20, this  
         rate was almost 25% and for youth placed in group homes, it was  
         50%.


         Need for this bill:  According to the author, "Nearly one in four  
         children in foster care and 56% of children in group homes are  
         receiving psychotropic drugs, often without adequate oversight.   
         It is currently unclear if foster youth are being given these  
         potent drugs as part of a therapeutic regimen or whether these  
         medications are being used solely to control a youth's behavior.   
         Without adequate oversight, these powerful drugs can cause  
         irreversible damage, and many youth experience long-term side  
         effects, including diabetes, tics, weight gain, and drowsiness.   
         This bill is grounded in the expertise we've developed working  
         with medical experts in the State's Quality Improvement Project,  
         the federally mandated process for developing protocols and  
         procedures to govern the use of these medications on foster  
         children.  The bill utilizes Public Health nurses; one of the  








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         great resources of our child welfare system, to oversee the  
         medical monitoring of psychotropic drugs to increase oversight and  
         reduce the number of children prescribed these powerful drugs."




         Analysis Prepared by:                                             
                         Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
         0001709