Bill Text: CA SB377 | 2019-2020 | Regular Session | Amended
Bill Title: Juveniles: psychotropic medications: medical information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State. Chapter 547, Statutes of 2019. [SB377 Detail]
Download: California-2019-SB377-Amended.html
Amended
IN
Assembly
June 27, 2019 |
Amended
IN
Assembly
June 24, 2019 |
Amended
IN
Senate
April 11, 2019 |
Amended
IN
Senate
April 01, 2019 |
Senate Bill | No. 377 |
Introduced by Senator McGuire |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.
(a) (1) 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.(D)The forms developed pursuant to subparagraph (A) shall include a question asking if the child or the child’s medical rights holder authorizes the Medical
Board of California to obtain the child’s medical information, as defined in Section 56.05 of the Civil Code, for the purpose described in paragraph (3) of subdivision (c), and shall require the person completing the form with that question to sign the form affirming that the child or the child’s medical rights holder has been asked about the authorization.
(3)(A)Upon the approval of a request for authorization for the administration of psychotropic medication, and if the child or child’s medical rights holder provides authorization, as described in subparagraph (D) of paragraph (2) of subdivision (a), the juvenile court judicial officer shall also authorize the Medical Board of California to obtain the child’s medical information, as defined in Section 56.05 of the Civil Code,
in order to ascertain whether there is excessive prescribing of psychotropic medication inconsistent with the standard of care described in Section 2245 of the Business and Professions Code. The authorization shall provide that any information obtained from the medical information may only be used by the Medical Board of California for the purposes set forth in this paragraph.
(B)The Medical Board of California or its representative shall request the medical information obtained pursuant to this section to be sealed if the medical information is admitted as an exhibit in an administrative hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.
Section 739.5 of the Welfare and Institutions Code is amended to read:739.5.
(a) (1) If a minor who has been adjudged a ward of the court under Section 601 or 602 is removed from the physical custody of the parent under Section 726 and placed into foster care, as defined in Section 727.4, only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for that minor. 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 minor 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 minor’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.(D)The forms developed pursuant to subparagraph (A) shall include a question asking if the minor or the minor’s
medical rights holder authorizes the Medical Board of California to obtain the minor’s medical information, as defined in Section 56.05 of the Civil Code, for the purpose described in paragraph (3) of subdivision (c), and shall require the person completing the form with that question to sign the form affirming that the minor or the minor’s medical rights holder has been asked about the authorization.
(3)(A)Upon the approval of a request for authorization for the administration of psychotropic medication, if the minor or minor’s medical rights holder provides authorization, as described in subparagraph (D) of paragraph (2) of subdivision (a), the juvenile court judicial officer shall also authorize the Medical Board of California to obtain the minor’s medical
information, as defined in Section 56.05 of the Civil Code, in order to ascertain whether there is excessive prescribing of psychotropic medication inconsistent with the standard of care described in Section 2245 of the Business and Professions Code. The authorization shall provide that any information obtained from the medical information may only be used by the Medical Board of California for the purposes set forth in this paragraph.
(B)The Medical Board of California or its representative shall
request the medical information obtained pursuant to this section to be sealed if the medical information is admitted as an exhibit in an administrative hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.