BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 938 (Jackson) - Conservatorships:  psychotropic drugs
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: March 15, 2016         |Policy Vote: JUD. 7 - 0         |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: April 11, 2016    |Consultant: Jolie Onodera       |
          |                                |                                |
           ----------------------------------------------------------------- 

          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  SB 938 would increase judicial oversight under  
          existing provisions of law with regard to the authority of  
          probate conservators over conservatees with dementia, as  
          follows:
           Requires additional information to be included in the  
            physician or psychologist declaration filed in support of a  
            conservator's petition to authorize the administration of  
            psychotropic medication to a conservatee with dementia. 
           Requires the Judicial Council to adopt rules of court and  
            develop appropriate forms by July 1, 2017, and provide  
            guidance to the courts on how to evaluate a request to  
            authorize the administration of psychotropic medication to  
            these conservatees.
           Replaces references to the term "dementia" with "major or mild  
            neurocognitive disorders (MNCDs)," as defined in the last  
            published edition of the Diagnostic and Statistical Manual of  
            Mental Disorders (DSM-5).
           Expands the population of conservatees for whom a conservator  
            must petition the court for authority to place in a secured  







          SB 938 (Jackson)                                       Page 1 of  
          ?
          
          
            perimeter residential care facility for the elderly (RCFE) or  
            to administer psychotropic medications to include not only  
            those with dementia (major NCDs) but also those with cognitive  
            impairments not severe enough to qualify for a diagnosis of  
            dementia (mild NCDs).


          Fiscal  
          Impact:  
           One-time costs to the Judicial Council for additional workload  
            potentially in excess of $50,000 (General Fund*) to adopt  
            rules of court, develop appropriate forms, and provide the  
            specified guidance on how to evaluate requests for  
            authorization. 
           Potentially significant increase in court workload (General  
            Fund*) for additional petitions to the court requesting  
            authorization for the administration of medications under the  
            category of "psychotropic medications" for the expanded  
            population of conservatees with major or mild NCDs.


          *Trial Court Trust Fund



          Background:  Existing law requires a conservator to petition the court for  
          authorization to place a conservatee with dementia in a secured  
          perimeter residential care facility for the elderly (RCFE) or to  
          authorize the administration of medications appropriate for the  
          care and treatment of conservatees with dementia.  (Probate Code  
          § 2356.5.)
          For authorization to administer medications appropriate for the  
          care and treatment of dementia, the Judicial Council Form  
          GC-335A, Dementia Attachment to Capacity  
          Declaration-Conservatorship, requires the conservatee's  
          physician or psychologist to include specified information  
          including a list of the medications to be administered, a  
          description of the conservatee's mental function deficits,  
          whether the conservatee has the capacity to give informed  
          consent to the administration of psychotropic medications, and  
          the reasons the conservatee needs or would benefit from the  
          administration of the psychotropic medications.      










          SB 938 (Jackson)                                       Page 2 of  
          ?
          
          
          This bill seeks to require additional information to be provided  
          to the court for its determination of whether a petition to  
          authorize a conservator to have psychotropic medications  
          administered to a conservatee is justified.


          Under existing law, the enhanced due process protections  
          described above are provided for conservatees with "dementia,"  
          as defined in the last published edition of the Diagnostic and  
          Statistical Manual of Mental Disorders. The newest edition of  
          the manual is Volume 5, commonly referred to as "DSM-5," which  
          introduced several changes in the diagnostic criteria for  
          dementia. Under DSM-5, cognitive disorders not causing  
          sufficient impairment to qualify for a diagnosis of dementia  
          were redefined as mild neurocognitive disorders (NCDs) and  
          placed on the spectrum with the more severe conditions of  
          dementia which constitute nearly all of the major NCDs.  


          This bill seeks to replace the term "dementia" with the term  
          "major or mild neurocognitive disorders (MNCDs)," thereby  
          extending the existing due process protections over facility  
          placement and psychotropic medication administration to a larger  
          population of conservatees.




          Proposed  
          Law:  This bill would increase judicial oversight under existing  
          provisions of law with regard to the authority provided to  
          probate conservators over conservatees with dementia, as  
          follows:

           Increases the amount of information required in the  
            physician's or psychologist's declaration filed in support of  
            a petition requesting authority of the conservator to  
            authorize the administration of psychotropic medications to a  
            conservatee to include information including but not limited  
            to a description of the conservatee's diagnosis and behavior,  
            the recommended course of medication, the expected effects of  
            the recommended medication on the conservatee's overall mental  
            health and treatment plan, a description of the potential side  
            effects of the recommended medication, and whether the  








          SB 938 (Jackson)                                       Page 3 of  
          ?
          
          
            conservatee and his or her attorney have had an opportunity to  
            provide input on the recommended medications.


           Revises and adds to existing codified legislative findings and  
            declarations regarding probate conservatorships of persons  
            with dementia, as follows: 


             o    Replaces the term "dementia" with "major or mild  
               neurocognitive disorders (MNCDs)," and lists common forms  
               of MNCDs as Alzheimer's disease, vascular dementia,  
               dementia with Lewy bodies, Parkinson dementia,  
               frontotemporal dementia, and mixed dementia.
             o    Adds legislative declarations regarding psychotropic  
               medications, including but not limited to, that  
               "psychotropic medications or psychotropic drugs are those  
               medications administered for the purpose of affecting the  
               central nervous system to treat psychiatric disorders or  
               illnesses," and additionally, "psychotropic medications are  
               often misused for people with MNCDs to control behavior  
               that conveys pain, distress, or discomfort, and the  
               administration of psychotropic medications has been, and  
               can be, abused by those who prescribe and administer these  
               medications."

           Requires the Judicial Council to, on or before July 1, 2017,  
            adopt rules of court and develop appropriate forms for the  
            implementation of the bill, and provide guidance to the court  
            on how to evaluate the request for authorization, including  
            how to proceed if information, otherwise required to be  
            included in a request for authorization, is not included in a  
            request for authorization submitted to the court.

           Replaces the term "dementia" as referred to throughout Probate  
            Code § 2356.5 with the term "MNCDs," consistent with the  
            revision to the codified legislative findings and  
            declarations. 


          Prior  
          Legislation:  SB 238 (Mitchell) Chapter 534/2015, among its  
          provisions, revised and enhanced the existing requirements for  
          court authorization for the administration of psychotropic  








          SB 938 (Jackson)                                       Page 4 of  
          ?
          
          
          medication to minors placed in foster care. 


          Staff  
          Comments:  This bill requires the Judicial Council to adopt  
          rules of court, develop appropriate forms, and provide guidance  
          to the courts on how to evaluate a request to authorize the  
          administration of psychotropic medication to conservatees with  
          MNCDs. As a result, it is estimated the Judicial Council would  
          incur one-time costs potentially in excess of $50,000 (General  
          Fund) for the additional workload created by the mandates in  
          this measure.
          By expanding the population of conservatees for which a  
          conservator must petition the court for authorization to place  
          in a secured perimeter RCFE or to administer psychotropic  
          medications, the provisions of this bill could result in an  
          increase in the number of petitions to the court. While the  
          magnitude of the court workload increase cannot be estimated  
          with certainty, as the category of psychotropic medications  
          includes numerous medications, and it is unclear whether  
          multiple petitions to the court would be required under the new  
          requirement to provide the course of recommended medications  
          when dosages or medication changes occur, the increase in court  
          workload could potentially be significant.  




                                      -- END --