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.