PPAC Weekly Legislative Insider Brief 

May 4, 2024

 

Session end celebration?  Not so fast. Legislators celebrated in the wee hours of September 1, as both houses finished their legislating for the year - so their work is done. But, one final step is left: the Governor’s desk.  Of the 80-odd bills I tracked this year, seven have been signed into law, 40 are on their way to the Governor and a lot of work will be done persuading the Governor to sign or veto those 40 bills. What follows are some highlights.

Bills signed into law.

Getting paid for integrated care. Health plans or insurers will now be required to reimburse mental health and substance use providers for services integrated with primary care services. SB 1320 (Wahab). Long time coming for such a simple idea.

Stadiums, concert venues and amusement parks: each of these entertainment sites will henceforth assure that naloxone or other opioid antagonist is easily accessible, its location known to emergency responders  on the premises and the public alike. AB 1996 (Alanis).

Statewide school-linked behavioral health provider network. The Department of Health Care Services will contract with an entity to administer this network as part of the state’s Children and Youth Behavioral Health Initiative. SB 159 (Budget Bill).

Support for LGBTQ pupils. Require the Department of Education to develop resources for the support of LGBTQ pupils, their parents, guardians and families. AB 1955 (Ward).

Bills pending a signature.

Designated facility expansion to include gravely disabled individuals with a sole serious substance use disorder who are now prohibited admission. Applies to mental health rehabilitation centers and psychiatric health facilities. PPAC sponsored. Passed Senate 39-0. SB 1238 (Eggman).

Involuntary antipsychotic medication. Would assure that a patient deemed to have the lack of capacity to refuse medication by a court and on a psychiatric hold would continue to receive medication when a further hold is proposed. PPAC sponsored. Passed Senate 39-0. SB 1184 (Eggman).

Inmate involuntary psychiatric medication. Assures that the authority continues to provide inmates unable to give informed consent a psychiatric medication. A bill originally sponsored by psychiatrists which I helped draft. Without this bill (SB 1317, Wahab) the authority was due to expire. Strongly supported by PPAC. On the Governor’s desk.

Competence to stand trial. Requires a court to determine a defendant’s capacity to make decisions about the administration of antipsychotic medication. SB 1323 (Menjivar). Strongly supported by PPAC. Passed the Senate 28-9.

Pupil suicide prevention protocols. Would require updated suicide prevention policies with specified crisis intervention protocols by local education authorities who would also be encouraged to  contract with a mental health professional if they don’t already do so. SB 1318 (Wahab) is on the Governor’s desk.

Eligibility for diversion. Requires a court when a defendant is not eligible for diversion to determine whether they may be appropriately referred to an Assisted Outpatient Program, for conservatorship assessment, or to a CARE program court. SB 1400 (Stern) would discourage the release of individuals who would benefit from treatment, from being released directly to the streets without a referral to treatment.

Prohibition of pupil suspension if substance use is disclosed as part of their effort to seek treatment. AB 2711 (Ramos) is on the Governor’s Desk.

Other news.

Medical Board of California stepping up. The MBC revised the medical license application on August 21 to read:

“Are you currently suffering from any condition that impairs your judgement or otherwise adversely affects your ability to practice medicine safely, that is, in a competent, ethical and professional manner?”

The language above is consistent with the PPAC position that it is stigmatizing and discriminatory to require disclosures indicating whether an applicant is currently, or has in the past, received treatment for mental illness or a substance use disorder. Instead, as the PPAC has advised, this newly adopted language focuses strictly on the issue of safe practice. There are many medical conditions that pose potential risks of unsafe practice. This  newly approved language is more supportive of a physician seeking treatment knowing that they will not be forced to disclose that treatment.  Unless the issue of safe practice is evident.

Protect Access to Health Care – from the Yes on Prop 35 campaign: “Prop 35 would secure dedicated funding to help hospitals, clinics and doctor’s office stay open and support care for 15 million vulnerable Medi-Cal patients.”  Remember psychiatrists and their patients are among the most significant benefactors of Prop 35. See California Medical Association informational materials here.