Cecilia Aguiar-Curry
- Democratic
- Assemblymember
- District 4
Author
Existing law provides for the licensure and regulation of health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law requires skilled nursing facilities and intermediate care facilities to have written policies regarding the rights of patients. This bill would add to these rights the right of every resident to receive the information that is material to an individual's informed consent decision concerning whether to accept or refuse the administration of psychotherapeutic drugs, as specified. This bill would also add the right to be free from psychotherapeutic drugs used for the purpose of resident discipline, convenience, or chemical restraint, except in an emergency that threatens to cause immediate injury to the resident or others. This bill would make the prescriber responsible for disclosing the material information relating to psychotherapeutic drugs to the resident and obtaining their informed consent, as defined. The bill would require facility staff to verify that a resident's health record contains a signed, written consent form before initiating treatment with psychotherapeutic drugs. The bill would require the facility, within 6 months after the consent form is signed, and every 6 months thereafter, to provide a written notice to the resident and their representative of any recommended dosage adjustments and the resident's right to revoke consent, as specified. The bill would permit the use of remote technology, including telehealth, to allow a prescriber to examine and obtain informed written consent. The bill would declare the willful or repeated violation of these provisions to be punishable as a misdemeanor. By establishing a new crime, the bill would create a state-mandated local program. The bill would require the State Department of Public Health, upon appropriation by the Legislature from the State Health Facilities Citation Penalties Account, to develop an informed consent form, a model disclosure statement for providing informed consent regarding the use of psychotherapeutic medication, and a model notification statement of the right to withdraw informed consent. The bill would require the informed consent form to be available to skilled nursing facilities and intermediate care facilities by December 31, 2023, and would exempt the skilled nursing facilities from this requirement until the informed consent form is available. This bill would also require the State Department of Public Health to inspect for compliance with the informed consent requirements described above during prescribed inspections. 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 no reimbursement is required by this act for a specified reason.
Vetoed by Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5215.).
Read third time and amended. Ordered to third reading.
From special consent calendar.
Ordered to third reading.
Ordered to special consent calendar.
From committee: Do pass. (Ayes 7. Noes 0.) (August 11).
Read second time. Ordered to third reading.
Withdrawn from committee.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 22).
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
Action rescinded whereby the bill was referred to Com. on PUB. S.
Referred to Coms. on HEALTH, JUD. and PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 0.)
From committee: Do pass. (Ayes 13. Noes 1.) (May 19).
Read second time. Ordered to third reading.
In committee: Set, first hearing. Referred to suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 29).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (March 22).
From printer. May be heard in committee March 10.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1809 | HTML |
| 02/07/22 - Introduced | |
| 03/24/22 - Amended Assembly | |
| 03/30/22 - Amended Assembly | |
| 06/16/22 - Amended Senate | |
| 06/27/22 - Amended Senate | |
| 08/25/22 - Amended Senate | |
| 09/01/22 - Enrolled |
| Document | Format |
|---|---|
| 03/21/22- Assembly Health | |
| 03/26/22- Assembly Judiciary | |
| 04/25/22- Assembly Appropriations | |
| 05/20/22- ASSEMBLY FLOOR ANALYSIS | |
| 06/20/22- Senate Health | |
| 07/29/22- Senate Appropriations | |
| 08/13/22- Sen. Floor Analyses | |
| 08/26/22- Sen. Floor Analyses | |
| 08/30/22- ASSEMBLY FLOOR ANALYSIS | |
| 10/03/22- ASSEMBLY FLOOR ANALYSIS |
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