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 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Business and Professions | |14 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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