California 2009-2010 Regular Session Status: To Executive

SB 303 — Nursing facility residents: informed consent.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that patients of skilled nursing facilities and intermediate care facilities have prescribed rights. This bill would add to these rights the right of every resident to receive all information that is material to an individual's decision concerning whether to accept or refuse any proposed treatment or procedure. This bill would make the physician responsible for disclosing the material information to the resident and obtaining his or her informed consent. This bill would require that informed consent, as defined, be obtained in accordance with the above requirements of the bill, with respect to a resident's decision to accept or reject the administration of a psychotherapeutic drug. This bill would also require the State Department of Public Health to inspect for compliance with this requirement during prescribed inspections. Under existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, an attending physician and surgeon who seeks to prescribe, order, or increase an order for an antipsychotic medication for a resident of a skilled nursing facility is required to obtain the informed consent of that resident. A violation of this provision is a misdemeanor. This bill would extend these requirements to a physician and surgeon of a resident in an intermediate care facility. This bill would apply the definition of "informed consent" contained in the bill to this provision. Because this bill would change the definition of a crime, this bill would impose a state-mandated local program. 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

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 11 a.m.

  5. Senate concurs in Assembly amendments. (Ayes 22. Noes 13. Page 2372.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 50. Noes 26. Page 3078.) To Senate.

  8. Amendments by Assembly Member Knight tabled on motion by Assembly Member Torrico. (Ayes 48. Noes 28. Page 2896.)

  9. Amendments by Assembly Member Anderson tabled on motion by Assembly Member Krekorian. (Ayes 47. Noes 28. Page 2896.)

  10. Amendments by Assembly Member Logue tabled on motion by Assembly Member Krekorian. (Ayes 48. Noes 28. Page 2895.)

  11. Amendments by Assembly Member Gaines tabled on motion by Assembly Member Krekorian. (Ayes 48. Noes 28. Page 2894.)

  12. Read third time. Amended. (Page 2894.) To third reading.

  13. Read second time. To third reading.

  14. (Heard in committee on August 19.)

  15. From committee: Do pass. (Ayes 12. Noes 5.)

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  17. Read second time. Amended. Re-referred to Com. on APPR.

  18. (Heard in committee on June 30.)

  19. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 3.)

  20. (Heard in committee on June 23.)

  21. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 13. Noes 3.) Re-referred to Com. on JUD.

  22. To Coms. on HEALTH and JUD.

  23. In Assembly. Read first time. Held at Desk.

  24. Read third time. Passed. (Ayes 25. Noes 13. Page 1139.) To Assembly.

  25. Read second time. To third reading.

  26. From committee: Do pass. (Ayes 7. Noes 5. Page 1069.)

  27. (Suspense - for vote only.)

  28. Set for hearing May 28.

  29. Placed on APPR suspense file.

  30. Set for hearing May 18.

  31. Hearing postponed by committee.

  32. Set for hearing May 11.

  33. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 3. Noes 2. Page 701.) Re-referred to Com. on APPR.

  34. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  35. Set for hearing April 28.

  36. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  37. Read second time. Amended. Re-referred to Com. on JUD.

  38. From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 8. Noes 3. Page 421.)

  39. Set for hearing April 1.

  40. To Coms. on HEALTH and JUD.

  41. From print. May be acted upon on or after March 28.

  42. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Ammiano · Cosponsor
  • Alquist · Primary
  • Florez · Cosponsor
  • Hall · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Alquist

Co-sponsors (3)

  • Ammiano
  • Florez
  • Hall

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 23 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221204
Democratic 1001
Republican 0100
Total 231305
% of votes cast 56%32%0%12%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Harman — Nay
Runner — Nay
Hollingsworth — Nay
Huff — Nay
Kehoe — Not Voting
Oropeza — Not Voting
Dutton — Nay
Pavley — Yea
Benoit — Nay
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Not Voting
Leno — Yea
Maldonado — Yea
Steinberg — Yea
Wiggins — Yea
Wyland — Not Voting
Cogdill — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Passed 59 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 552703
Democratic 3000
Republican 1200
Total 592903
% of votes cast 65%32%0%3%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Gilmore — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Eng — Not Voting
Yamada — Yea
Fletcher — Nay
Audra — Nay
Cook — Nay
Galgiani — Not Voting
Hagman — Nay
Anderson — Nay
Bass — Yea
Duvall — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Torrico — Yea
Tran — Nay
Adams — Nay
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Yea
Hill — Yea
Huber — Nay
Knight — Nay
Mendoza — Yea
Nielsen — Nay
Ruskin — Yea
Silva — Nay
Smyth — Yea
Torlakson — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Fuller — Nay
Furutani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Passed 57 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 532903
Republican 1200
Democratic 3000
Total 573103
% of votes cast 63%34%0%3%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Audra — Nay
Harkey — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Carter — Yea
Chesbro — Yea
Eng — Yea
Charles — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Gilmore — Nay
Hagman — Nay
Hayashi — Yea
Hill — Yea
Huber — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Ma — Yea
Nava — Yea
Nestande — Nay
Nielsen — Not Voting
Skinner — Yea
Torlakson — Yea
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Passed 56 Yea · 31 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 532903
Democratic 2001
Republican 1200
Total 563104
% of votes cast 62%34%0%4%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Beall — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Garrick — Nay
Hagman — Nay
Fletcher — Nay
Audra — Nay
Hall — Not Voting
Harkey — Nay
Cook — Nay
Jeffries — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
DeVore — Nay
Duvall — Nay
Smyth — Nay
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Yea
Knight — Nay
Lieu — Yea
Mendoza — Yea
Nielsen — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Passed 57 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 532903
Democratic 3000
Republican 1200
Total 573103
% of votes cast 63%34%0%3%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Eng — Yea
Charles — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Gilmore — Nay
Hagman — Nay
Hayashi — Yea
Hill — Yea
Huber — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Audra — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hernandez — Yea
Huffman — Yea
Ma — Yea
Nava — Yea
Nielsen — Not Voting
Skinner — Yea
Torlakson — Yea
Villines — Nay
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Passed 57 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 532903
Democratic 3000
Republican 1200
Total 573103
% of votes cast 63%34%0%3%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Chesbro — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Beall — Yea
Coto — Yea
Hill — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Garrick — Nay
Fletcher — Nay
Audra — Nay
Gilmore — Nay
Cook — Nay
Hall — Not Voting
Jeffries — Nay
Logue — Nay
Miller — Nay
Monning — Yea
Adams — Nay
Anderson — Nay
Duvall — Nay
Nestande — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hernandez — Yea
Huffman — Yea
Knight — Nay
Krekorian — Yea
Mendoza — Yea
Nava — Yea
Nielsen — Not Voting
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Fuentes — Yea
Hill — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Solorio — Yea
Torlakson — Yea
Audra — Nay
Harkey — Nay
Miller — Nay
Duvall — Nay
Ammiano — Yea
Skinner — Yea
Conway — Nay
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 17 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 16303
Republican 1100
Total 17403
% of votes cast 71%17%0%13%
How each member voted (24)
Member Party Vote
Hall — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Nay
Block — Yea
Fletcher — Not Voting
Conway — Not Voting
Ammiano — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Nava — Yea
Villines — Not Voting
Carter — Yea
Emmerson — Nay
Beth Gaines — Nay
Jones, Brian W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 26 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241201
Democratic 2000
Republican 0100
Total 261301
% of votes cast 65%33%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Wyland — Nay
Ducheny — Yea
Lowenthal — Yea
Negrete — Yea
Dutton — Nay
Hancock — Yea
Hollingsworth — Nay
Kehoe — Yea
Runner — Nay
Ashburn — Nay
Benoit — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Not Voting
Huff — Nay
Maldonado — Yea
Romero — Yea
Simitian — Yea
Wolk — Yea
Cogdill — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7501
Total 7501
% of votes cast 54%38%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Corbett — Yea
Hancock — Yea
Runner — Nay
Kehoe — Yea
Oropeza — Yea
Walters — Nay
Wolk — Not Voting
Leno — Yea
Wyland — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Wolk — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 303 do?
Existing law provides that patients of skilled nursing facilities and intermediate care facilities have prescribed rights. This bill would add to these rights the right of every resident to receive all information that is material to an individual's decision concerning whether to accept or refuse any proposed treatment or procedure. This bill would make the physician responsible for disclosing the material information to the resident and obtaining his or her informed consent. This bill would require that informed consent, as defined, be obtained in accordance with the above requirements of the bill, with respect to a resident's decision to accept or reject the administration of a psychotherapeutic drug. This bill would also require the State Department of Public Health to inspect for compliance with this requirement during prescribed inspections. Under existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, an attending physician and surgeon who seeks to prescribe, order, or increase an order for an antipsychotic medication for a resident of a skilled nursing facility is required to obtain the informed consent of that resident. A violation of this provision is a misdemeanor. This bill would extend these requirements to a physician and surgeon of a resident in an intermediate care facility. This bill would apply the definition of "informed consent" contained in the bill to this provision. Because this bill would change the definition of a crime, this bill would impose a state-mandated local program. 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.
Who sponsors SB 303?
SB 303 is sponsored by Ammiano, Alquist, Florez, and Hall.
What is the current status of SB 303?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 303?
Track SB 303 free on One Click Politics — get push/email alerts when it moves.

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