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 --