BILL NUMBER: SB 253 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 22, 2015
AMENDED IN SENATE MARCH 23, 2015
INTRODUCED BY Senator Monning
(Principal coauthor: Assembly Member Chiu)
(Coauthors: Senators Beall and Leno)
(Coauthor: Assembly Member Gatto)
FEBRUARY 18, 2015
An act to amend Section 4064.5 of the Business and Professions
Code, and to amend amend, repeal, and add
Section 369.5 of of, and to add Section
369.4 to, the Welfare and Institutions Code, relating to
juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 253, as amended, Monning. Dependent children: psychotropic
medication.
Existing law establishes the jurisdiction of the juvenile court,
which may adjudge children to be dependents of the court under
certain circumstances, including when the child suffered or there is
a substantial risk that the child will suffer serious physical harm,
or a parent fails to provide the child with adequate food, clothing,
shelter, or medical treatment. Existing law authorizes only a
juvenile court judicial officer to make orders regarding the
administration of psychotropic medications for a dependent child who
has been removed from the physical custody of his or her parent.
Existing law requires the court authorization for the administration
of psychotropic medication to a child 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.
This bill would , commencing July 1, 2016,
would require that an order authorizing the administration of
psychotropic medications to a dependent child be granted only upon
the demonstration of the court's
determination that there is clear and convincing evidence that
administration of the medication is in the best interest of the child
and the court determines that specified
requirements have been met, including a requirement that the
prescribing physician confirms that he or she has conducted a
comprehensive evaluation of the child, as specified. The bill would
prohibit the court from authorizing the administration of
psychotropic medications to a child under other specified
circumstances, unless a 2nd independent medical opinion is obtained
from a child psychiatrist or a psychopharmacologist
behavioral pediatrician . The bill would
prohibit the court from authorizing the administration of a
psychotropic medication unless the court is provided documentation
that appropriate laboratory screenings and tests for the
child have been completed no more than 30 days prior to submission of
the request to the court. The bill would impose additional
requirements on the court to implement these provisions and to
conduct review hearings, as specified. The bill would require
the child's social worker to submit a report to the court prior to
the review hearing, to include information from the child, the child'
s caregiver, the public health nurse, and the court appointed special
advocate. By increasing the duties of county social workers, this
bill would create a state-mandated local program. The bill
would authorize psychotropic medication to be administered in an
emergency without court authorization. The bill would require court
authorization to be sought as soon as practical, but in no case more
than 2 court days after emergency administration of the psychotropic
medication. The bill would require the Judicial Council to adopt
rules to implement these provisions.
This bill would require the State Department of Health Care
Services, in collaboration with the Judicial Council, to identify
resources to assist courts in securing 2nd review and 2nd opinions in
order to avoid undue delays in the authorization of psychotropic
medications.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4064.5 of the Business and Professions Code is
amended to read:
4064.5. (a) A pharmacist may dispense not more than a 90-day
supply of a dangerous drug other than a controlled substance pursuant
to a valid prescription that specifies an initial quantity of less
than a 90-day supply followed by periodic refills of that amount if
all of the following requirements are satisfied:
(1) The patient has completed an initial 30-day supply of the
dangerous drug.
(2) The total quantity of dosage units dispensed does not exceed
the total quantity of dosage units authorized by the prescriber on
the prescription, including refills.
(3) The prescriber has not specified on the prescription that
dispensing the prescription in an initial amount followed by periodic
refills is medically necessary.
(4) The pharmacist is exercising his or her professional judgment.
(b) For purposes of this section, if the prescription continues
the same medication as previously dispensed in a 90-day supply, the
initial 30-day supply under paragraph (1) of subdivision (a) is not
required.
(c) A pharmacist dispensing an increased supply of a dangerous
drug pursuant to this section shall notify the prescriber of the
increase in the quantity of dosage units dispensed.
(d) In no case shall a pharmacist dispense a greater supply of a
dangerous drug pursuant to this section if the prescriber personally
indicates, either orally or in his or her own handwriting, "No change
to quantity," or words of similar meaning. Nothing in this
subdivision shall prohibit a prescriber from checking a box on a
prescription marked "No change to quantity," provided that the
prescriber personally initials the box or checkmark. To indicate that
an increased supply shall not be dispensed pursuant to this section
for an electronic data transmission prescription as defined in
subdivision (c) of Section 4040, a prescriber may indicate "No change
to quantity," or words of similar meaning, in the prescription as
transmitted by electronic data, or may check a box marked on the
prescription "No change to quantity." In either instance, it shall
not be required that the prohibition on an increased supply be
manually initialed by the prescriber.
(e) This section does not apply to psychotropic medication or
psychotropic drugs as described in Section 369.5 of the Welfare and
Institutions Code.
(f) Nothing in this section shall be construed to require a health
care service plan, health insurer, workers' compensation insurance
plan, pharmacy benefits manager, or any other person or entity,
including, but not limited to, a state program or state employer, to
provide coverage for a dangerous drug in a manner inconsistent with a
beneficiary's plan benefit.
SEC. 2. Section 369.5 of the Welfare and
Institutions Code is amended to read:
369.5. (a) If a child is adjudged a dependent child of the court
under Section 300 and the child has been removed from the physical
custody of the parent under Section 361, only a juvenile court
judicial officer shall have authority to make orders regarding the
administration of psychotropic medications for that child. The
juvenile court may issue a specific order delegating this authority
to a parent upon making findings on the record that the parent poses
no danger to the child and has the capacity to authorize psychotropic
medications. Court authorization for the administration of
psychotropic medication shall 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. On or before
July 1, 2016, the Judicial Council shall adopt rules of court and
develop appropriate forms for implementation of this section.
Whenever the court authorizes the administration of a psychotropic
medication, it shall ensure that the administration of the
psychotropic medication is only one part of a comprehensive treatment
plan for the child that shall include and specify the psychosocial
services the child will receive in addition to any authorized
medication.
(b) (1) An order authorizing the administration of psychotropic
medications pursuant to this section shall only be granted on clear
and convincing evidence that administration of the medication is in
the best interest of the child based on a determination that the
anticipated benefits of the psychotropic medication outweigh the
short- and long-term risks associated with the medications. An order
authorizing the administration of psychotropic medication pursuant to
this section shall not be granted if the court determines that the
medication is being used as punishment, for the convenience of staff,
as a substitute for other less invasive treatments, or in quantities
or dosages that interfere with the child's treatment program.
(2) An order authorizing the administration of psychotropic
medications pursuant to this section shall only be granted if the
court determines all of the following:
(A) The court is provided documentation confirming the child's
caregiver has been informed, and the child has been informed in an
age and developmentally appropriate manner, about the recommended
medications, the anticipated benefits, the nature, degree, duration,
and probability of side effects and significant risks commonly known
by the medical profession, and of psychosocial treatments to be
considered concurrently with or as an alternative to the medication.
(i) The documentation shall state that the child and the child's
caregiver have been asked whether either have concerns regarding the
medication, and if so, shall describe the nature of those concerns.
The documentation shall confirm that the child has been informed of
the right to request a hearing pursuant to subdivision (g).
(ii) The documentation shall include the written informed consent
of a child who is 14 years of age or older, after being advised
pursuant to this subparagraph.
(B) The prescribing physician submitting the request for
psychotropic medication confirms that he or she conducted a
comprehensive examination of the child in compliance with Section
2242 of the Business and Professions Code and consistent with the
Psychiatric Evaluation and Diagnosis provisions included in the
Guidelines for the Use of Psychotropic Medication with Children and
Youth in Foster Care issued by the state, which takes into account
all of the following:
(i) The child's trauma history.
(ii) The child's medical records, including medication history.
(iii) Multiple sources of information, including, but not limited
to, the child, the child's parents, relatives, teacher, caregiver or
caregivers, past prescribers of psychotropic medication, or other
health care providers.
(C) The prescribing physician shall also confirm all of the
following:
(i) There are no less invasive and effective treatment options
available to meet the needs of the child.
(ii) The dosage or dosage range requested is appropriate for the
child.
(iii) The short- and long-term risks associated with the use of
psychotropic medications by the child does not outweigh the reported
benefits to the child.
(iv) All appropriate lab screenings, measurements, or tests for
the child have been completed in accordance with accepted medical
guidelines.
(D) A plan is in place for regular monitoring of the child's
medication and psychosocial treatment plan, the effectiveness of the
medication and psychosocial treatment, and any potential side effects
of the medication, by the physician in consultation with the
caregiver, mental health care provider, and others who have contact
with the child, as appropriate.
(3) The person or entity submitting the request for authorization
of the administration of psychotropic medication shall bear the
burden of proof established in this section.
(c) A court shall not issue an order authorizing the
administration of psychotropic medications for a child unless a
second independent medical opinion is obtained from a child
psychiatrist or a psychopharmacologist if one or more of the
following circumstances exist:
(1) The request is for any class of psychotropic medication for a
child who is five years of age or younger.
(2) The request would result in the child being administered three
or more psychotropic medications concurrently.
(3) The request is for the concurrent administration of any two
drugs from the same class unless the request is for medication
tapering and replacement that is limited to no more than 30 days.
(4) The request is for a dosage that exceeds the amount
recommended for children.
(5) The request is for the administration of a psychotropic
medication that is subject to a federal Food and Drug Administration
black box warning requirement or is for the administration of an
antipsychotropoic medication for a use that is not approved by the
federal Food and Drug Administration for children or adolescents.
(d) The court shall not authorize the administration of the
psychotropic medication unless the court is provided documentation
that all of the appropriate lab screenings, measurements, or tests
for the child have been completed in accordance with accepted medical
guidelines no more than 30 days prior to submission of the request
to the court.
(e) (1) No later than 60 days after the authorization of a new
psychotropic medication is granted or at the next review hearing
scheduled for the child pursuant to Section 366, 366.21, 366.22, or
366.31, if scheduled no earlier than 45 days after the authorization
of a new psychotropic medication, the court shall conduct a review
hearing to determine all of the following:
(A) Whether the child is taking the medication or medications.
(B) Whether psychosocial services and other aspects of the child's
treatment plan have been provided to the child.
(C) To what extent the symptoms for which the medication or
medications were authorized have been alleviated.
(D) Whether more time is needed to evaluate the effectiveness of
the medication or medications.
(E) What, if any, adverse effects the child has suffered.
(F) Any steps taken to address those effects.
(G) The date or dates of followup visits with the prescribing
physician since the medication or medications were authorized.
(H) Whether the appropriate followup laboratory screenings have
been performed and their findings.
(2) If based upon this review, the court determines that the
proffered benefits of the medication have not been demonstrated or
that the risks of the medication outweigh the benefits, the court
shall reconsider, modify, or revoke its authorization for the
administration of medication.
(f) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete the
request within three business days of receipt from the physician of
the information necessary to fully complete the request.
(2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
(g) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, or shall,
upon a request by the parent, the legal guardian, or the child's
attorney, or upon its own motion, set the matter for hearing.
(h) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
(i) (1) Psychotropic medications may be administered without court
authorization in an emergency. An emergency exists if all of the
following conditions are met:
(A) A physician finds that the child requires psychotropic
medication to treat a psychiatric disorder or illness.
(B) The medication is immediately necessary for the preservation
of life or the prevention of serious bodily harm to the child or
others. It is not necessary for the harm to take place or become
unavoidable prior to treatment.
(C) It is impractical to obtain authorization from the court
before administering the psychotropic medication to the child.
(2) Court authorization shall be sought as soon as practical, but
in no case more than two court days after the emergency
administration of psychotropic medication.
(j) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
(k) This section shall not apply to nonminor dependents, as
defined in subdivision (v) of Section 11400.
SEC. 2. Section 369.4 is added to the
Welfare and Institutions Code , to read:
369.4. The State Department of Health Care Services, in
collaboration with the Judicial Council, shall identify resources,
which may include, but need not be limited to, university-based
consultation services, to assist the courts in securing second review
and second opinions in order to avoid undue delays in the
authorization of medications pursuant to Section 369.5.
SEC. 3. Section 369.5 of the Welfare
and Institutions Code is amended to read:
369.5. (a) If a child is adjudged a dependent child of the court
under Section 300 and the child has been removed from the physical
custody of the parent under Section 361, only a juvenile court
judicial officer shall have authority to make orders regarding the
administration of psychotropic medications for that child. The
juvenile court may issue a specific order delegating this authority
to a parent upon making findings on the record that the parent poses
no danger to the child and has the capacity to authorize psychotropic
medications. Court authorization for the administration of
psychotropic medication shall 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. On or before
July 1, 2000, the Judicial Council shall adopt rules of court and
develop appropriate forms for implementation of this section.
(b) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete the
request within three business days of receipt from the physician of
the information necessary to fully complete the request.
(2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
(c) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, or shall,
upon a request by the parent, the legal guardian, or the child's
attorney, or upon its own motion, set the matter for hearing.
(d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
(e) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
(f) This section shall not apply to nonminor dependents, as
defined in subdivision (v) of Section 11400.
(g) This section shall remain in effect only until July 1, 2016,
and as of January 1, 2017, is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 4. Section 369.5 is added to the
Welfare and Institutions Code , to read:
369.5. (a) If a child is adjudged a dependent child of the court
under Section 300 and the child has been removed from the physical
custody of the parent under Section 361, only a juvenile court
judicial officer shall have authority to make orders regarding the
administration of psychotropic medications for that child. The
juvenile court may issue a specific order delegating this authority
to a parent, upon making findings on the record that the parent poses
no danger to the child and has the capacity to authorize
psychotropic medications. Court authorization for the administration
of psychotropic medication shall 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.
On or before July 1, 2016, the Judicial Council shall adopt rules of
court and develop appropriate forms for implementation of this
section. Whenever the court authorizes the administration of a
psychotropic medication, it shall ensure that the administration of
the psychotropic medication is only one part of a comprehensive
treatment plan for the child that shall include and specify the
psychosocial, behavioral, and alternative services, if any, the child
will receive in addition to any authorized medication.
(b) (1) An order authorizing the administration of psychotropic
medications pursuant to this section shall be granted only upon the
court's determination that there is clear and convincing evidence
that administration of the medication is in the best interest of the
child based on a determination that the anticipated benefits of the
psychotropic medication outweigh the short- and long-term risks
associated with the medications. An order authorizing the
administration of psychotropic medication pursuant to this section
shall not be granted if the court determines that the medication is
being used as punishment, for the convenience of staff, as a
substitute for other less invasive treatments, or in quantities or
dosages that interfere with the child's treatment program.
(2) An order authorizing the administration of psychotropic
medications pursuant to this section shall be granted only if the
court determines all of the following:
(A) The court is provided documentation confirming the child's
caregiver has been informed, and the child has been informed in an
age and developmentally appropriate manner in the primary language of
the child, about the recommended medications, the anticipated
benefits, the nature, degree, duration, and probability of side
effects and significant risks commonly known by the medical
profession, and of psychosocial treatments and interventions specific
to the identified disorder and symptoms to be considered
concurrently with or as an alternative to the medication.
(i) The documentation shall state that the child and the child's
caregiver have been asked whether either have concerns regarding the
medication, and if so, shall describe the nature of those concerns.
The documentation shall confirm that the child has been informed of
the right to request a hearing pursuant to subdivision (g).
(ii) The documentation shall include the written informed consent
of a child who is 14 years of age or older, after being advised
pursuant to this subparagraph.
(B) The prescribing physician submitting the request for
psychotropic medication confirms that he or she conducted a
comprehensive examination of the child in compliance with Section
2242 of the Business and Professions Code and consistent with the
Psychiatric Evaluation and Diagnosis provisions included in the
Guidelines for the Use of Psychotropic Medication with Children and
Youth in Foster Care issued by the state, which takes into account
all of the following:
(i) The child's trauma history.
(ii) The child's medical records, including medication history.
(iii) Multiple sources of information, including, but not limited
to, the child, the child's parents, relatives, teacher, caregiver or
caregivers, past prescribers of psychotropic medication, or other
health care providers.
(C) The prescribing physician also confirms all of the following:
(i) There are no less invasive treatment options available to meet
the needs of the child.
(ii) The dosage or dosage range requested is appropriate for the
child.
(iii) The short- and long-term risks associated with the use of
psychotropic medications by the child does not outweigh the reported
benefits to the child.
(iv) All appropriate laboratory screenings, measurements, or tests
for the child have been completed in accordance with accepted
medical guidelines.
(D) A plan is in place for regular monitoring of the child's
medication and psychosocial treatment plan, the effectiveness of the
medication and psychosocial treatment, and any potential side effects
of the medication, by the physician in consultation with the
caregiver, mental health care provider, and others who have contact
with the child, as appropriate.
(3) The person or entity submitting the request for authorization
of the administration of psychotropic medication is responsible for
providing the necessary documentation of the clinical appropriateness
of the proposed psychotropic medication and shall bear the burden of
proof established in this section.
(c) A court shall not issue an order authorizing the
administration of psychotropic medications for a child unless a
second independent medical opinion is obtained from a child
psychiatrist or a behavioral pediatrician if one or more of the
following circumstances exist:
(1) The request is for any class of psychotropic medication for a
child who is five years of age or younger.
(2) The request would result in the child being administered three
or more psychotropic medications concurrently.
(3) The request is for the concurrent administration of any two
drugs from the same class unless the request is for medication
tapering and replacement that is limited to no more than 30 days.
(4) The request is for a dosage that exceeds the amount
recommended for children.
(d) The court shall not authorize the administration of the
psychotropic medication unless the court is provided with
documentation that all of the appropriate laboratory screenings,
measurements, or tests for the child have been completed in
accordance with accepted medical guidelines no more than 30 days
prior to submission of the request to the court.
(e) (1) No later than 60 days after the authorization of a new
psychotropic medication is granted or at the next review hearing
scheduled for the child pursuant to Section 366, 366.21, 366.22, or
366.31, if scheduled no earlier than 45 days after the authorization
of a new psychotropic medication, the court shall conduct a review
hearing to determine all of the following:
(A) Whether the child is taking the medication or medications.
(B) Whether psychosocial services and other aspects of the child's
treatment plan have been provided to the child.
(C) To what extent the symptoms for which the medication or
medications were authorized have been alleviated.
(D) Whether more time is needed to evaluate the effectiveness of
the medication or medications.
(E) What, if any, adverse effects the child has suffered.
(F) Any steps taken to address those effects.
(G) The date or dates of followup visits with the prescribing
physician since the medication or medications were authorized.
(H) Whether the appropriate followup laboratory screenings have
been performed and their findings.
(2) Prior to the review, the child's social worker shall submit a
report to the court and to counsel for the parties, which shall
include information from the child, the child's caregiver, the public
health nurse, and the court appointed special advocate, if any.
(3) If based upon this review, the court determines that the
proffered benefits of the medication have not been demonstrated or
that the risks of the medication outweigh the benefits, the court
shall reconsider, modify, or revoke its authorization for the
administration of medication.
(f) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete the
request within three business days of receipt from the physician of
the information necessary to fully complete the request.
(2) This subdivision is not intended to change current local
practice or local court rules with respect to the preparation and
submission of requests for authorization for the administration of
psychotropic medication.
(g) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, refer the
request for a second opinion as required by subdivision (c), or
shall, upon a request by the parent, the legal guardian, or the child'
s attorney, or upon its own motion, set the matter for hearing.
(h) If the court grants the request, or modifies and then grants
the request, the order for authorization is effective until
terminated or modified by court order or until 180 days following the
date of the order, whichever is earlier.
(i) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
(j) (1) Psychotropic medications may be administered without court
authorization in an emergency. An emergency exists if all of the
following conditions are met:
(A) A physician finds that the child requires psychotropic
medication to treat a psychiatric disorder or illness.
(B) The medication is immediately necessary for the preservation
of life or the prevention of serious bodily harm to the child or
others. It is not necessary for the harm to take place or become
unavoidable prior to treatment.
(C) It is impractical to obtain authorization from the court
before administering the psychotropic medication to the child.
(2) Court authorization shall be sought as soon as practical, but
in no case more than two court days after the emergency
administration of psychotropic medication.
(k) This section is not intended to supersede local court rules
regarding a minor's right to participate in mental health decisions.
(l) This section shall not apply to nonminor dependents, as
defined in subdivision (v) of Section 11400.
(m) This section shall become operative on July 1, 2016.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.