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  








                                                                     SB 453  


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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  








                                                                     SB 453  


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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