BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 319|
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                                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. 








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          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  








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            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,  








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            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  








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          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  








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          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








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          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."









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           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


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