BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 21, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          SB  
          1174 (McGuire) - As Amended June 15, 2016


          SENATE VOTE:  36-3


          SUBJECT:  Medi-Cal: children: prescribing patterns: psychotropic  
          medications.


          SUMMARY:  Requires the Medical Board of California (MBC) to  
          conduct an analysis of Medi-Cal and managed care prescribing  
          patterns of psychotropic medications to determine if excessive  
          prescribing exists and, if so, to take appropriate action.  Adds  
          repeated acts of clearly excessive prescribing psychotropic  
          medications to a minor without a good faith prior examination to  
          the list of cases that MBC must prioritize investigating and  
          prosecuting.  Specifically, this bill:  


          1)Requires MBC to conduct on a quarterly basis an analysis of  
            Medi-Cal physicians and their prescribing patterns of  
            psychotropic medications and related services using data  
            provided quarterly by the Department of Health Care Services  
            (DHCS) in collaboration with the Department of Social Services  
            (DSS).  Requires that analysis to include, but not be limited  
            to, the child welfare psychotropic medication measures and the  
            Healthcare Effectiveness Data and Information Set measures  
            related to psychotropic medications.  Requires the data  








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            concerning psychotropic medications and related services to be  
            shared pursuant to a data sharing agreement meeting the  
            requirements of all applicable state and federal laws and  
            regulations.  Requires MBC, DHCS, and DSS to consult and  
            revise the methodology every three years, if determined to be  
            necessary.
          2)Requires that the data provided to MBC pursuant to 1) above  
            identify prescribers with a pattern of prescribing that  
            includes one or more of the following: 


             a)   Prescriptions for any class of psychotropic medication  
               for a child who is five years of age or younger;
             b)   Prescriptions for concurrent administration of two or  
               more antipsychotic medications that exceed 60 days;


             c)   Prescriptions for concurrent administration of three or  
               more psychotropic medications exceeding 60 days; and,


             d)   Prescriptions for a dosage that exceeds the amount  
               recommended for children.


          3)Requires that the data provided to MBC pursuant to 2) above  
            include the following information on each identified  
            prescriber:
             a)   Prescriber name, specialty, location, and contact  
               information;
             b)   The child's gender and year of birth; 


        c)List of the psychotropic medications prescribed, diagnosis, and  
          the medication start and end date;


        d)Unit of the medication(s), quantity of the medication(s), the  
          days supply, and prescription fill date: and, 








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            e)   The child's weight.


          4)Requires that the data provided to MBC pursuant to 1) above  
            include a breakdown as follows:
             a)   Children prescribed psychotropic medications in managed  
               care and fee-for-service settings;
             b)   Children adjudged as dependent children, as specified,  
               and placed in foster care;


             c)   A minor adjudged a ward of the court who has been  
               removed from the physical custody of the parent and placed  
               into foster care; and,


             d)   Children with developmental disabilities.


          5)Requires that the data provided to MBC as described in 1) and  
            2) above include total rate and specific age stratifications.   

          6)Requires MBC on a quarterly basis to review the data provided  
            pursuant to 1) through 5) above in order to determine if any  
            potential violations of law or excessive prescribing of  
            psychotropic medications inconsistent with the standard of  
            care exist and, if warranted, to conduct an investigation.   
            Requires MBC to disseminate guidelines for prescribing of  
            psychotropic medications to children and adolescents on an  
            annual basis to any prescriber who has been flagged for  
            review.  Requires MBC to take appropriate action, as  
            specified, if, after an investigation, MBC concludes that  
            there was a violation of law or excessive prescribing of  
            psychotropic medications inconsistent with the standard of  
            care.


          7)Requires MBC to report annually to the Legislature, DHCS, and  
            DSS the results of the analysis of data described in 1)  








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            through 5) above.


          8)Adds repeated acts of clearly excessive prescribing,  
            furnishing, or administering psychotropic medications to a  
            minor without a good faith prior examination and medical  
            reason therefor to the list of cases that MBC must prioritize  
            for investigation and prosecution. 


          EXISTING LAW:   


          1)Provides for the licensure and regulation of physicians and  
            surgeons by MBC pursuant to the Medical Practice Act.


          2)Requires MBC to take action against a physician who is charged  
            with unprofessional conduct, as specified. 


          3)Requires MBC to prioritize its investigative and prosecutorial  
            resources to ensure that physicians and surgeons representing  
            the greatest threat of harm are identified and disciplined  
            expeditiously.  Requires cases involving excessive  
            prescribing, furnishing or administering of controlled  
            substances, or repeated acts of prescribing, dispensing or  
            furnishing of controlled substance without a good faith prior  
            examination of the patient and medical reason to be handled as  
            a high priority.  Prohibits physicians and surgeons from being  
            prosecuted for excessive prescribing when prescribing,  
            furnishing or administering controlled substances for  
            intractable pain as authorized under current law.  (BPC  
            §2220.05)


          4)Provides that only a juvenile court judicial officer has the  
            authority to make orders regarding the administration of  
            psychotropic medications for a minor who is a dependent of the  








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            court.  Requires that court authorization for the  
            administration of psychotropic medications be based on a  
            request from a physician, indicating the reasons for the  
            request, a description of the child's diagnosis and behavior,  
            the expected results of the medication, and a description of  
            any side effects of the medication.  Requires the Judicial  
            Council, on or before July 1, 2016, to adopt rules and develop  
            appropriate forms for implementing this requirement.  Requires  
            the rules and forms to address all of the following:


             a)   The child and his or her caregiver and Court Appointed  
               Special Advocate (CASA), if any, have an opportunity to  
               provide input on the medications being prescribed;
             b)   Information regarding the child's overall mental health  
               assessment and treatment plan is provided to the court;  
               and,


             c)   Information regarding the rationale for the proposed  
               medication, provided in the context of past and current  
               treatment efforts, is provided to the court; and,



             d)   Guidance is provided to the court on how to evaluate the  
               request for authorization.


          5)Requires that the court either approve or deny a physician's  
            request, pursuant to 4) above, within seven business days of  
            its receipt.
          6)Establishes a program of public health nursing in the child  
            welfare services (CWS) program that provides health-related  
            case management services from a foster care public health  
            nurse to coordinate with CWS workers to provide health care  
            services to children in foster care.  Includes among the  
            duties of public health nurses the monitoring and oversight of  
            psychotropic medications.








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          7)Requires DSS, in consultation with DHCS, and other specified  
            stakeholders to develop county-specific monthly reports that  
            describe each child for whom one or more psychotropic  
            medications have been paid for under Medi-Cal, including paid  
            claims and managed care encounters.  Requires DSS to develop  
            training, in consultation DHCS and various other agencies that  
            may be provided to county child welfare social workers and  
            others that addresses the use of psychotropic medications.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)Ongoing costs up to $280,000 per year for DHCS to analyze  
            prescription drug claims data and compile required information  
            for MBC (General Fund and federal funds).  The DHCS'  
            information technology systems contain prescription drug  
            claims data (when combined with information from DSS on foster  
            care placements) to provide the data required to fulfill the  
            requirements in the bill.  DHCS indicates that it will need  
            two additional staff positions to compile the required data,  
            stratify it into the required data categories, and report to  
            MBC. 


            However, as part of recent efforts to reduce overprescribing  
            of psychotropic medications to foster youth, DHCS has been  
            working with DSS and counties to identify foster youth being  
            prescribed such medications.  The Governor's budget proposal  
            includes an additional permanent position to continue this  
            work.  If approved by the Legislature, that new position may  
            be able to also perform some or all of the requirements of  
            this bill as well.


          2)Uncertain costs for MBC to review the information provided by  








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            DHCS and investigate instances where excessive prescribing may  
            be occurring (Contingent Fund of MBC). According to MBC, its  
            staff is already reviewing data provided by DHCS to look for  
            cases of excessing prescribing.  However, to the extent that  
            such data analysis does uncover instances of excessing  
            prescribing, this would lead to increased costs for  
            investigations and potential disciplinary action by MBC.   
            While those instances of excessing prescribing may already be  
            actionable by MBC, under current law and regulation, the data  
            analysis required in the bill makes such investigations more  
            likely to occur.


          3)Unknown potential cost savings in the Medi-Cal program due to  
            reduced inappropriate utilization of psychotropic medications  
            by foster youth.  To the extent that this bill contributes to  
            ongoing efforts to reduce inappropriate use of those drugs by  
            Medi-Cal beneficiaries, this bill is likely to reduce  
            spending. Ongoing efforts in other states to reduce  
            inappropriate prescribing have substantially reduced the use  
            of these frequently expensive medications.  The amount of any  
            decrease in spending that could be attributed to this bill is  
            uncertain, in part because there are several efforts underway  
            by the state and the counties to reduce inappropriate  
            prescribing of psychotropic drugs to foster youth.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, this bill  
            stems from a growing and significant concern over the  
            excessive prescribing of psychotropic medication to foster  
            youth in California.  It follows a series of hearings held by  
            the California Senate Committees on Health and Human Services  
            regarding the oversight and monitoring of psychotropic  
            medication and mental health services for youth in foster  
            care.  Even with the growing attention to this situation, the  
            problem is now more severe than ever and California's 63,000  








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            foster youth are the ones who are suffering the consequences  
            of our state's inaction and lack of oversight over the past 15  
            years.  According to the author, despite our current  
            safeguards in place -  the JV-220 process, whereby judges  
            decide what medications and at what dosage are provided to  
            foster youth, over the past fifteen years the rate of foster  
            youth prescribed psychotropic medication has increased 14  
            fold.  The author states that nearly one in four California  
            foster teens are prescribed psychotropic drugs; of those  
            nearly 60% were prescribed an anti-psychotic (an estimated 75%  
            of them for an off label use) and 36% are prescribed multiple  
            medications.


            The author states that, as reported by the San Jose Mercury  
            News, the federal Food and Drug Administration authorizes  
            antipsychotics for children only in cases of severe mental  
            illness, but evidence suggests medical professionals often  
            prescribe them to California foster children for behavior  
            problems.  According to the author, California spends more on  
            psychotropic drugs for foster children than on any other kind  
            of medication.  In the last decade, the state spent more than  
            $226 million on psychotropic meds for foster children, 72% of  
            total drug spending for this population.  Additionally, there  
            are substantial long-term costs of treating side effects  
            associated with these medications.  Furthermore, teens in  
            foster care are three and a half times more likely to be  
            prescribed psych medication than their peers who are not in  
            foster care.  While the federal Child and Family Services  
            Improvement and Innovation Act of 2011 requires each state to  
            oversee and monitor the use of psychotropic medications,  
            California currently has no requirements to identify those who  
            are over-prescribing medication to foster youth.  California  
            has no system for evaluating the medical soundness of high  
            rates of prescribing; and no way to measure the efficacy of  
            these practices.  


            According to the author, this is unacceptable given that it is  








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            the state's responsibility, as the guardian to these children,  
            to monitor the administration of these drugs and to ensure the  
            health and well-being of foster children.  In response to  
            legislative pressure, MBC and DHCS adopted a one-year trial  
            Data Use Agreement (DUA) that allows for the sharing of  
            prescriber data in order to identify the outlying prescribers.  
             The author argues that such data sharing practices should not  
            be on a one-time basis, but rather an ongoing process for  
            improving the quality of prescribing and that this bill  
            establishes a formal, on-going, process for MBC to  
            responsively review and confidentially investigate  
            psychotropic medication prescription patterns outside the  
            standard of care.  With this ongoing data sharing agreement  
            with DHCS, MBC will have regular, reliable information to work  
            from instead of depending on the current individual complaint  
            process.


          2)BACKGROUND.  For a number of years, the California  
            Legislature, as well as, the federal government have focused  
            attention on improving conditions for children in the foster  
            care system.  Among those concerns is the high rate of  
            prescribing of psychotropic drugs to foster youths.  In  
            February 2014, the Senate Human Services Committee and the  
            Select Committee on Mental Health held an informational  
            hearing entitled, "Misuse of Psychotropic Medication in Foster  
            Care: Improving Child Welfare Oversight and Outcomes within  
            the Continuum of Care" that highlighted concerns regarding a  
            statewide trend toward increased prescribing of psychotropic  
            medications.  The hearing included testimony indicating that  
            California's child welfare and children's mental health  
            systems are over-reliant on psychotropic medication among  
            foster youth and do not effectively manage the provision of  
            such medication leading to unnecessary prescribing,  
            inappropriately high dosages of medication for children, and  
            inappropriate use of multiple medications, and usage occurring  
            at longer durations than appropriate.  In response to these  
            concerns, the hearing focused on oversight of individual  
            cases, including court authorization procedures which informed  








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            the development of several bills under consideration by the  
            Legislature.  Additionally, the hearing highlighted concerns  
            that breakdowns in the provision of effective trauma-informed  
            psychosocial services has led to system-wide failures in  
            treating children and youth who later suffer from  
            trauma-related behavioral health challenges, for which  
            medication is seen as the only available treatment option. 
            In August 2015, the Senate Human Services and Health  
            Committees held a second hearing entitled "Psychotropic  
            Medication and Mental Health Services for Foster Youth:  
            Seeking Solutions for a Broken System" that focused on system  
            wide standards and oversight tools used by state and local  
            agencies in evaluating the effectiveness of county mental  
            health plans, county child welfare agencies, contracted  
            providers, and individual prescribers in providing access to a  
            broad spectrum of timely, effective, trauma-informed  
            psychosocial services that minimize the need for psychotropic  
            medication. 


          3)Media Reports.  A recent series of stories published in the  
            San Jose Mercury News and most recently in the Los Angeles  
            Times, highlighted growing concerns that psychotropic  
            medications have been relied on by California's child welfare  
            and children's mental health systems as a means of  
            controlling, instead of treating, youth who suffer from  
            trauma-related behavioral health challenges.  These articles  
            detailed significant challenges in accessing pharmacy benefits  
            claims data held by the DHCS, eventually overcome through a  
            Public Records Act request and lengthy negotiations, and  
            demonstrated that prescribing rates were far higher than had  
            been anticipated by child welfare system experts. 

          4)Court Oversight Mechanisms.  SB 543 (Bowen), Chapter 552,  
            Statutes of 1999, mandated that, once a child has been  
            adjudged a dependent of the state, only the court may  
            authorize psychotropic medications for the child, based on a  
            request from a physician that includes the following:  









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             a)   The reasons for the request; 

             b)   A description of the child's diagnosis and behavior; 



             c)   The expected results of the medication; and,



             d)   A description of any side effects of the medication. 


            Under SB 543, psychotropic medications are defined as those  
            "administered for the purpose of affecting the central nervous  
            system to treat psychiatric disorders or illnesses."  In  
            accordance with SB 543, the Administrative Office of the  
            Courts established a series of court documents generally  
            referred to as "the JV 220," which includes a statement  
            completed and signed by the prescribing physician that  
            includes the child's diagnosis, relevant medical history,  
            other therapeutic services, the medication to be administered,  
            and the basis for the recommendation. 


            In addition, a form must be included indicating notice has  
            been provided to the parents or legal guardians, their  
            attorneys of record, the child's attorney of record, the  
            child's guardian ad litem, the child's current caregiver, the  
            child's CASA, if any, and if a child has been determined to be  
            a Native American child, the child's tribe.  The procedure for  
            notification varies by county - the responsibility may fall  
            primarily to the child welfare agency, or it may be shared  
            with the juvenile court clerk's office that may be responsible  
            for notifying the attorney and the CASA.  Within four court  
            days after notification, a parent or guardian, the child, the  
            attorney for either, the guardian ad litem, or the Indian  








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            child's tribe may file an objection to the application.  
            Following this period, the court files a final order.


          5)Quality Improvement Project.  In 2012, DHCS and DSS convened a  
            statewide Quality Improvement Project (QIP) to design, pilot,  
            and evaluate effective practices to improve psychotropic  
            medication use among children and youth in foster care.  Three  
            workgroups were established for the project-the Clinical  
            Workgroup, the Data and Technology Workgroup, and the Youth,  
            Family, and Education Workgroup to jointly conduct analysis of  
            child welfare data, develop tools to assist prescribers,  
            pharmacists, and juvenile courts, as well as develop and  
            disseminate training materials and information about  
            psychotropic medications for youths and caregivers. 

          QIP's Data and Technology Workgroup released a summary report in  
            December 2014 matching data from CWS/Case Management System  
            and DHCS that detailed fee-for-service and Medi-Cal managed  
            care encounter data pharmacy paid claim records for  
            psychotropic medication for children in foster care during  
            Federal Fiscal Year (FFY) 2012-13.  The report found that of  
            10,557 children (under the age of 21) in California who  
            received at least one paid claim for psychotropic medication  
            during FFY 2012-13, 10,419 (or 98%) of these children were  
            identified as youth in an active out-of-home placement.  The  
            report further broke down the data based on age, gender,  
            ethnic group, placement type, responsible agency, time in  
            care, and time in placement. 

          Although the data produced a wide scope of the breakdown  
            surrounding psychotropic drug prescriptions to foster youth,  
            the report also cautions that there are a number of key  
            analytical considerations when reviewing the data.  The report  
                              states that the figures presented are not necessarily  
            representative of youth for whom court authorizations for  
            psychotropic medications are required, as it includes youths  
            aged 18-20 years old placed with non-dependent legal guardians  
            and other non-foster care placements as well as youth for whom  








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            court authorizations for psychotropic medications are  
            required.  In addition, the report states that since only the  
            most recent paid claim for youth under 21 years old was used  
            to examine the case and placement information, this data might  
            not necessarily be reflective of their experience in care or  
            the experiences of youth before and after the period of study.

          6)Guidelines.  The QIP's Clinical Workgroup released a set of  
            guidelines to assist prescribers and caregivers in maintaining  
            compliance with state and county regulations and guidelines  
            pertaining to Medi-Cal funded mental health services and  
            psychotropic prescribing practices for foster homes, group  
            homes, and residential treatment centers.  In addition, the  
            guidelines include prescriber and caregiver expectations  
            regarding developing and monitoring treatment plans for  
            behavioral health care, principles for informed consent to  
            medications, and governing medication safety.  These  
            guidelines are designed as a statement of best practice for  
            the treatment of children and youth in out-of-home care and  
            include:



             a)   Prescribing standards for psychotropic medication by age  
               group; 

             b)   Parameters for psychotropic medication indications,  
               dosing, and monitoring; 



             c)   Recommendations to address challenges in the management  
               of complex cases; and,



             d)   Decision "algorithm" to be used by prescribers. 










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          7)Efforts in Other States.  According to information provided by  
            the author, a number of other states have taken action to  
            address concerns about psychotropic medication.  Alabama  
            provides a focused mailing to prescribers of any  
            antipsychotics to children under 18, as well as telephone  
            outreach by child psychiatrists to prescribers of  
            antipsychotics to children under age five.  Colorado sends  
            educational alerts and letters to prescribers detailing  
            information about the psychiatric medication utilization of  
            their patients.  In Colorado, if post-intervention changes are  
            not observed, follow-up letters and face-to-face meetings with  
            peer consultants are conducted.  Illinois maintains a  
            watch-list of high-risk prescribers, utilizing this data to  
            assess the impact of changes in consent policies on prescriber  
            behaviors.  Michigan created a system whereby child  
            psychiatrists follow-up with prescribing physicians based on  
            established triggers to review the case and provide  
            consultation.  Missouri uses the Behavioral Pharmacy  
            Management System to analyze prescribing patterns for children  
            and adolescents and send letters to prescribers offering  
            consultation on best prescribing practices.  An analysis of  
            this intervention showed a significant reduction in the  
            percentage of outlier prescriptions. 



          8)MBC Guidance on Psychotropic Medication.  MBC has made  
            available to all licensees on its Website, as well as through  
            an email to its licensee listserv the QIP's Guidelines for the  
            Use of Psychotropic Medication with Children and Youth in  
            Foster Care which states that "the use of psychotropic  
            medication for children and youth is considered a non-routine  
            intervention, used under specified circumstances and as only  
            one strategy within a larger, more comprehensive treatment  
            plan to provide for that child's safety and well-being."   
            MBC's responsibilities in overseeing their licensees'  
            prescribing habits of psychotropic medications to foster youth  
            are also a component of an audit currently being conducted by  








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            the California State Auditor pertaining to the oversight and  
            monitoring of children in foster care who have been prescribed  
            psychotropic medications. 

          Strategies were discussed at the October 2015 MBC meeting to  
            help identify physicians who may be inappropriately  
            prescribing psychotropic medications to foster youth as well  
            as identify additional information needed from DHCS and DSS.   
            However, there were concerns raised about the expectations of  
            physicians based on the quality of information in the QIP's  
            Psychotropic Data Match Report.  The MBC has expressed  
            concerns that the data presented in the report may not be  
            sufficient to make a decision as to appropriate prescribing  
            practices for physicians working with foster youth. 

          MBC has, in the meantime, developed a notification process  
            whereby individuals in the healthcare delivery system for  
            foster youths can directly contact MBC staff if they believe a  
            physician is inappropriately prescribing medication to  
            children in foster care.  After a complaint or notification is  
            made, MBC staff will directly contact DSS to obtain all  
            de-identified patient information for the foster child and the  
            prescriber.  MBC can then determine whether or not it will  
            need patient records.  DSS and the MBC can then obtain these  
            patient records through a court order so that MBC can proceed  
            with an investigation into the prescribing physician.  

          9)Data Sharing Efforts.  MBC currently has a DUA with DHCS and  
            DSS in order to allow the MBC to receive information that does  
            not breach the confidentiality of a patient.  The agreement is  
            based on conversations dating back to 2014 regarding the data  
            needed for the MBC to identify physicians who may be  
            inappropriately prescribing psychotropic medications to foster  
            children.  Upon receipt of its first set of data under the  
            DUA, MBC enlisted a pediatric psychiatrist review the data.   
            The physician determined that the information provided through  
            the agreement was not substantive enough to allow MBC to  
            identify instances of any inappropriate prescribing and noted  
            that additional information to assist in this effort would  








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            include the diagnosis associated with medication prescribed,  
            the dosage of medication prescribed, the schedule or timing of  
            dosage of medication prescribed and the weight of child or  
            adolescent.



          10)STATE AUDITOR.  The California State Auditor (CSA) is  
            currently engaged in an audit of foster youth and psychotropic  
            medication.  It is expected to be released in July or August  
            of this year.  According to the CSA Website, the audit will  
            provide independently developed and verified information  
            related to DSS, DHCS, and a selection of county CWS agencies'  
            oversight and monitoring of foster children who have been  
            prescribed psychotropic medications, as well as a review of  
            the availability and adequacy of other supportive services,  
            such as mental health and substance abuse counseling.  The  
            audit will select and review four county CWS agencies-two  
            counties identified as having a high prevalence of the use of  
            psychotropic medications for foster children and two counties  
            with a correspondingly low prevalence.  The audit will also  
            determine whether any other states have implemented  
            innovations or oversight systems that have successfully  
            reduced the use of psychotropic medications in foster children  
            or improved their access to non-pharmacological supports, and  
            evaluate whether California could benefit from some of these  
            policies or practices.



          11)SUPPORT.  The National Center for Youth Law (NCYL), the  
            sponsor of this bill, argues that nearly one in four  
            California foster teens are prescribed psychotropic drugs; of  
            those nearly 60% were prescribed an anti-psychotic - the  
            powerful drug class most susceptible to debilitating side  
            effects.  While the vast majority of doctors prescribing  
            medication are doing so appropriately, California still needs  
            an oversight mechanism (among other reforms including funding  
            robust trauma care services).  Currently, California has no  








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            system for evaluating the medical soundness of high rates of  
            prescribing; and no way to measure the efficacy of these  
            practices.  NCYL noted that last year, DHCS and MBC adopted a  
            one-year trial DUA that allows for the sharing of prescriber  
            data in order to identify outlying prescribers.  NCYL argues  
            that such data sharing practices should not be on a one-time  
            basis, but rather an ongoing process for improving the quality  
            of prescribing for our children.  This will enable MBC to  
            confidentially collect and analyze data, and, when warranted,  
            conduct investigations of physicians who frequently prescribe  
            over the recognized safety parameters for children.  Advokids,  
            states in support of this bill that it operates the only free  
            statewide telephone hotline providing legal information to  
            anyone concerned about a foster child, and receives a high  
            volume of calls from caregivers who are concerned about the  
            lack of mental health services available to their foster  
            children, many of whom have experienced multiple traumas in  
            their lives.  Advokids argues for high quality, accessible  
            mental health services for foster children and the careful  
            collection of data surrounding psychotropic medications to  
            ensure the physical and emotional safety of foster youth and  
            when warranted to investigate physicians who frequently  
            prescribe over the recognized safety parameters for children.



          12)SUPPORT IF AMENDED.  MBC has a support if amended position on  
            this bill.  MBC requests additional information (included in  
            the most recent version of this bill) and a sunset date so MBC  
            can determine if the data provided is useful.  MBC also has  
            requested that the author amend this bill so that the  
            education component is handled by DHCS since they are the  
            Medi-Cal prescribers and the guidelines were created by DHCS  
            and DSS.  MBC notes that any information that can help MBC  
            identify inappropriate prescribing can be utilized as a tool  
            for MBC to use in its complaint and investigation process.   
            However, once a possible inappropriate prescriber is  
            identified, MBC will still have to go through its normal  
            complaint and investigation process.








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          13)OPPOSE UNLESS AMENDED.  The California Academy of Child and  
            Adolescent Psychiatry (CACAP) believes that initiating  
            investigations as proposed will ultimately target prescribing  
            physicians who specialize with patients with severe mental  
            health difficulties.  CACAP argues that it is unclear how MBC  
            would make a basis for an accusation of unprofessional conduct  
            on the data that is proposed to be provided.  Additionally,  
            this process would also discourage physicians from prescribing  
            a psychotropic medication even when, in their professional  
            judgement, it is in the best interest for the child.  An  
            investigation by MBC is a significant event.  Even if the  
            investigation should not result in disciplinary action,  
            questions regarding whether or not a physician has ever been  
            investigated by MBC come up often in interviews and  
            credentialing reviews.  While these red flag aren't as serious  
            as a filed accusation, we believe the envisioned process will  
            have a negative impact on the ability of the Medi-Cal system  
            to recruit and retain high quality providers for Medi-Cal and  
            Foster youth.  The California Medical Association argues that  
            this bill adds another bureaucratic layer to a process that is  
            already highly regulated.  Currently, before a prescription  
            for psychotropic medication can be administered to a foster  
            youth, a judge must first approve a court order based on the  
            JV-220 and then a Treatment Authorization Request must be  
            submitted to DHCS to be reviewed by a pharmacist to ensure  
            that the prescription is medically necessary.  This process  
            will soon be improved, as required by SB 238 (Mitchell),  
            Chapter 534, Statutes of 2015, with even more information  
            included on the JV-220 to better assist the court.  



          14)PREVIOUS LEGISLATION.  











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             a)   SB 238 requires certification and training programs for  
               foster parents, child welfare social workers, group home  
               administrators, public health nurses, dependency court  
               judges and court appointed council to include training on  
               psychotropic medication, trauma, and behavioral health, as  
               specified, for children receiving CWS.  SB 238 also  
               requires the Judicial Council to amend and adopt rules of  
               court and develop appropriate forms pertaining to the  
               authorization of psychotropic medication for foster youth,  
               on or before July 1, 2016.  

             b)   SB 253 (Monning) of 2015 would have revised and  
               strengthened, as juvenile court oversight requirements for  
               administration of psychotropic medications to wards and  
               dependents.  SB 253 was placed on the Assembly inactive  
               file.



             c)   SB 484 (Beall), Chapter 540, Statutes of 2015, requires  
               DSS to establish a methodology for identifying group homes  
               that have levels of psychotropic dug utilization warranting  
               additional review, and to inspect identified facilities at  
               least once a year, as specified.  The bill permitted DSS to  
               share information and observations with the facility and to  
               require the facility to submit a plan within 30 days to  
               address identified risks, as specified.  



             d)   SB 319 (Beall), Chapter 535, Statutes of 2015, expands  
               the duties of the foster care public health nurse to  
               include monitoring and oversight of the administration of  
               psychotropic medication to foster children, as specified.



          15)QUESTIONS AND COMMENTS.  









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             a)   According to the author and sponsor, the intent of this  
               bill is to protect foster youth.  However, as drafted, this  
               bill would apply to all Medi-Cal beneficiaries under age 18  
               years.  The author has agreed to amend this bill so it's  
               application is limited to foster youth by the following  
               amendments:

             On page 5, line 1, insert between "services" and "using":   
               for individuals described in subparagraph (B) and (C) of  
               paragraph (1) of subdivision (b).



          On page 5, delete lines 29-30.





             b)   In response to MBC's concern about providing education,  
               the author proposes the following amendment:  On page 4,  
               delete lines 13-16 and replace with: 



          (b) The [State] Department of Health Care Services shall  
          disseminate guidelines on an annual basis via email to any  
          prescriber who meets the data requirement threshold for  
          prescribing of psychotropic medications to children and  
          adolescents established in subdivision (c) of Section 14028 of  
          the Welfare and Institutions Code.



             c)   Information about activities in other states that the  
               author has provided to the Committee suggests that  
               individual educational outreach including telephone calls  
               from child psychiatrists, face-to-face meetings, and  
               consultations on best prescribing practices.  Should  








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               educational endeavors such as these be included in this  
               bill?  

          16)DOUBLE REFERRAL.  This bill has been double-referred.  Should  
            this bill pass out of this Committee, it will be referred to  
            the Assembly Business and Professions Committee.
          REGISTERED SUPPORT / OPPOSITION:




          Support


          National Center for Youth Law (sponsor)


          Advokids 


          Bay Area Youth Center 


          Family Voices of California 


          Kids in Common, Planned Parenthood Mar Monte 


          Madera County Department of Social Services 


          Peers Envisioning and Engaging in Recovery Services


          California Youth Connection


          Consumer Attorneys of California








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          Consumer Watchdog


          First Focus Campaign for Children


          John Burton Foundation


          Therapists for Peace and Justice


          Western Center on Law and Poverty


          Woodland Community College Foster and Kinship Care Education


          Youth Law Center


          1 Individual




          Opposition


          California Academy of Child & Adolescent Psychiatry


          California Medical Association












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          Analysis Prepared by:John Gilman / HEALTH / (916)  
          319-2097