Mike McGuire
- Democratic
- Senator
- District 2
Author
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent or ward of the court under certain circumstances. Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of their parent. Existing law requires that court authorization for the administration of psychotropic medications 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, and requires the Judicial Council to develop appropriate forms for the implementation of these provisions. Existing law requires, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county child welfare agency, probation department, or other person or entity who submitted the request to provide a copy of the court order approving or denying the request to the child's caregiver. Existing law requires the Medical Board of California to review specified data provided by the State Department of Health Care Services and the State Department of Social Services regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for dependents and wards of the juvenile court 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. This bill would require, by September 1, 2020, the forms developed by the Judicial Council to include a request for authorization by the child or the child's attorney to release the child's medical information to the Medical Board of California in order to ascertain whether there is excessive prescribing of psychotropic medication inconsistent with a specified standard of care. The bill would limit the authorization to medical information relevant to the investigation of the prescription of psychotropic medication, and would limit the use of that information for the purpose of these provisions. If the medical information is admitted as an exhibit in an administrative hearing, the bill would require that information to be sealed. The bill would require, by January 1, 2020, the State Department of Social Services to convene a working group to consider various options for seeking authorization from a dependent child, a ward, or their attorney, for release of the dependent child's or ward's medical information regarding psychotropic medication prescribed between January 1, 2017, and July 1, 2020, and to report to the Legislature by April 15, 2020, on any recommendations to best reach those children and their attorneys to seek authorization.
Chaptered by Secretary of State. Chapter 547, Statutes of 2019.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2889.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 78. Noes 0. Page 3431.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 18. Noes 0.) (August 14).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (July 9). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on B. & P. (Ayes 12. Noes 0.) (July 2). Re-referred to Com. on B. & P.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
June 25 set for first hearing canceled at the request of author.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 28. Noes 2. Page 1241.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 6.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 798.) (April 23). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0. Page 768.) (April 22). Re-referred to Com. on JUD.
Set for hearing April 23 in JUD. pending receipt.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.
Set for hearing April 22.
Re-referred to Coms. on B., P. & E.D. and JUD.
Withdrawn from committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.
From printer. May be acted upon on or after March 23.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB377 | HTML |
| 02/20/19 - Introduced | |
| 04/01/19 - Amended Senate | |
| 04/11/19 - Amended Senate | |
| 06/24/19 - Amended Assembly | |
| 06/27/19 - Amended Assembly | |
| 09/06/19 - Amended Assembly | |
| 09/16/19 - Enrolled | |
| 10/07/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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