BILL ANALYSIS Ó
SB 453
Page 1
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 453
(Pan) - As Amended July 8, 2015
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|Policy |Public Safety |Vote:|7 - 0 |
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| |Business and Professions | |14 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes a treating psychiatrist to request the
appointment of an acting psychiatrist to seek an order for
involuntary medication of a person who is incompetent to stand
trial (IST) based on the need to maintain the doctor-patient
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relationship or prevent harm. Specifically, this bill:
1)Permits the treating psychiatrist of a person that is
incompetent to stand trial, to request the facility medical
director to designate another psychiatrist to act in the place
of the treating psychiatrist, if the treating psychiatrist
determines there is a need to preserve his or her rapport with
the patient or prevent harm.
2)Specifies that if the medical director of the facility
designates another psychiatrist to act in the place of the
treating psychiatrist, the treating psychiatrist is required
to brief the acting psychiatrist on the relevant facts of the
case and the acting psychiatrist must examine the patient
prior to the hearing.
FISCAL EFFECT:
Minor absorbable cost.
COMMENTS:
Background. According to the author, "In May 2013 and July
2014, it became more apparent that DSH psychiatrists were being
assaulted or seriously injured following their testimony in
involuntary medication hearings. With SB 453, we are ensuring
worker safety without compromising access to needed
medications."
Staff members at DSH facilities have become increasingly
concerned about safety in recent years, as the proportion of
patients committed from the criminal justice system has risen to
over 90%. It appears that this bill is intended to reduce
retributive acts against treating psychiatrists by patients who
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object to involuntary administration of antipsychotic
medication.
This bill seeks to authorize a non-treating psychiatrist to
testify at hearings seeking an involuntary medication order,
reducing the friction or conflict between the treating doctor
and a patient who does not want to be medicated.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081