AB 48 — Nursing Facility Resident Informed Consent Protection Act of 2023.

Summary

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 or convenience, or from psychotherapeutic drugs used as a chemical restraint except in an emergency, as specified. Under the bill, all residents of skilled nursing facilities, intermediate care facilities, and hospice facilities would have the right to appeal an involuntary transfer or discharge through the appeal process, as specified, regardless of a resident's payment source or the Medi-Cal or Medicare certification status of the facility in which the resident resides. The 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, except as specified. 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 creating a new crime, the bill would impose a state-mandated local program. The bill would require the State Department of Public Health, in consultation with interested stakeholders, to develop a standardized informed consent form. The bill would require the informed consent form to be available to skilled nursing facilities and intermediate care facilities by December 31, 2025, and would exempt the facilities from including the written consent form in the resident's health record until the informed consent form is available. Under the bill, the above-described provisions would be inapplicable to an individual under the care of the State Department of State Hospitals. 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.

Bill Text

• Chaptered 10/13/23 - Chaptered Current pdf October 13, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 03/16/23 - Amended Assembly pdf March 16, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• AB48 View text html

Action History

1. October 13, 2023

   Chaptered by Secretary of State - Chapter 794, Statutes of 2023.

2. October 13, 2023

   Approved by the Governor.

3. September 20, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3386.).

5. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2647.).

7. September 11, 2023

   Read second time. Ordered to third reading.

8. September 08, 2023

   Read third time and amended. Ordered to second reading.

9. September 05, 2023

   Read second time. Ordered to third reading.

10. September 01, 2023

    Read second time and amended. Ordered returned to second reading.

11. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).

12. July 10, 2023

    In committee: Referred to APPR. suspense file.

13. June 28, 2023

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on APPR.

14. June 14, 2023

    From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 14). Re-referred to Com. on JUD.

15. May 31, 2023

    Referred to Coms. on HEALTH and JUD.

16. May 23, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 22, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1704.)

18. May 18, 2023

    Read second time. Ordered to third reading.

19. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

20. April 19, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

21. March 28, 2023

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (March 28). Re-referred to Com. on APPR.

22. March 20, 2023

    Re-referred to Com. on JUD.

23. March 16, 2023

    Read second time and amended.

24. March 15, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (March 14).

25. January 26, 2023

    Referred to Coms. on HEALTH and JUD.

26. December 06, 2022

    From printer. May be heard in committee January 5.

27. December 05, 2022

    Read first time. To print.

Sponsors

• Blanca E. Rubio · Cosponsor
• Cecilia M. Aguiar-Curry · Primary

Votes

Subjects