BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 938 (Jackson) - Conservatorships: psychotropic drugs
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|Version: March 15, 2016 |Policy Vote: JUD. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 27, 2016 |Consultant: Jolie Onodera |
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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
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
SB 938 (Jackson) Page 1 of
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impairments not severe enough to qualify for a diagnosis of
dementia (mild NCDs).
*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 27, 2016
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.
Author
Amendments:
Exempt FDA-approved drugs from the provisions of the
bill.
Make other technical changes.
Committee
Amendments: Narrow the bill's provisions to apply to
conservatees with major NCDs.