BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 319| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 319 Author: Beall (D), et al. Amended: 9/3/15 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 SENATE FLOOR: 40-0, 6/3/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 79-0, 9/8/15 - See last page for vote 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. SB 319 Page 2 Assembly Amendments replace requirements that the foster care public health nurse review that specific procedures have been adhered to for children who are prescribed any psychotropic medications with a general requirement that the public health nurse monitor and oversee psychotropic medication usage. Additional amendments require the foster care public health nurse coordinate with mental health and other professionals, adhering to appropriate privacy requirements. Amendments also add chaptering language with SB 238 (Mitchell). ANALYSIS: 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 to provide 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. (WIC 16501.3) 3)Limits the scope of services provided by the foster care public health nurse to those reimbursable under Title XIX of the Social Services Act, which provides a 75 % match for health-related case management, but excludes direct provision of health care services. (WIC 16501.3, 42 USC 1396) 4)Requires counties to establish a community child health and SB 319 Page 3 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)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. 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, SB 319 Page 4 providing educational materials. 6)Requires public health nurses to receive training related to psychotropic medications, as specified. Background 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. 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 Prevention (CHDP) program. Under the program, public health nurses, in consultation and collaboration with social workers and probation officers, provide medical and health care case planning, help caregivers obtain timely health and dental exams for children, and expedite referrals for services, among other duties. Foster care public health nurses. CDSS established a program of public health nursing within the child welfare services program in 1999. This program - the Health Care Program for Children in Foster Care - is located in county child welfare agencies and probation departments and to assist caseworkers and probation officers in meeting the medical, dental, mental health, and developmental needs of foster youth. 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 SB 319 Page 5 Welfare Directors Association of California, approximately 250 foster care public health nurses are working throughout the state. 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 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. 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. 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 endocrine side-effects" 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 SB 319 Page 6 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 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to an analysis by the Assembly Appropriations Committee, this bill may result in unknown, but likely significant, ongoing costs to DCHS for foster care public health nurses to monitor and oversee psychotropic medications, as well as ongoing non-reimbursable costs of approximately $6 million ($4.85 million General Fund (GF)) to CDSS 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.) This bill also may incur 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. SUPPORT: (Verified9/8/15) National Center for Youth Law (source) Advokids Alameda County Board of Supervisors Alameda County Foster Youth Alliance All Saints Church Foster Care Project California Academy of Child & Adolescent Psychiatry California Alliance California Court Appointed Special Advocates (CASA) California Department of Justice SB 319 Page 7 California Nurses Association California Youth Connection Children's Advocacy Institute Children Now Children's Defense Fund--California Children's Partnership Consumer Watchdog County Welfare Directors Association of California Dependency Legal Group of San Diego Disability Rights California First Focus Campaign for Children Humboldt County Transition Age You Collaboration Legal Advocates for Children and Youth LIUNA Locals 777 & 792 Peers Envisioning and Engaging in Recovery Services Public Counsel's Children's Rights Project Santa Clara County Board of Supervisors Youth Law Center 9 individuals OPPOSITION: (Verified9/8/15) None received ARGUMENTS IN SUPPORT: According to the author, nearly one in four foster children and 56 percent 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," the author writes. "This bill utilizes public health nurses; one of the 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." SB 319 Page 8 ASSEMBLY FLOOR: 79-0, 9/08/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Chávez Prepared by:Mareva Brown / HUMAN S. / (916) 651-1524 9/8/15 21:18:07 **** END ****