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: May 27, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 ? 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.