California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

SB 377 — Juveniles: psychotropic medications: medical information.

Last action — Chaptered by Secretary of State. Chapter 547, Statutes of 2019.

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

This bill has been enacted into law. Introduced February 20, 2019. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 547, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2889.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3431.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 18. Noes 0.) (August 14).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (July 9). Re-referred to Com. on APPR.

  12. 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.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  15. June 25 set for first hearing canceled at the request of author.

  16. Referred to Coms. on JUD. and B. & P.

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

  18. Read third time. Passed. (Ayes 28. Noes 2. Page 1241.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  21. Set for hearing May 6.

  22. 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.

  23. 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.

  24. Set for hearing April 23 in JUD. pending receipt.

  25. Set for hearing April 22.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  27. Re-referred to Coms. on B., P. & E.D. and JUD.

  28. Re-referred to Com. on RLS.

  29. Withdrawn from committee.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  31. Referred to Com. on B., P. & E.D.

  32. From printer. May be acted upon on or after March 23.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Unfinished Business SB377 McGuire Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 26001
Democratic 10000
Republican 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Not Voting
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

SB 377 McGuire Senate Third Reading By Mark Stone

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 51001
Democratic 22000
Republican 5000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Cooper — Not Voting
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 13000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Fong — Yea
Brough — Yea
Obernolte — Yea
Maienschein — Yea
Bigelow — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Democratic 4000
Republican 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Fong — Yea
Brough — Yea
Cunningham — Yea
Gloria — Yea
Bloom — Yea
Obernolte — Yea
Chiu — Yea
Holden — Yea
Eggman — Yea
Mullin — Yea
McCarty — Yea
Low — Yea
Medina — Yea
Ting — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Business and Professions]

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 3000
Republican 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Kiley — Yea
Obernolte — Yea
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

3rd Reading

Passed 28 Yea · 2 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 19206
Democratic 9000
Republican 0002
Total 28208
% of votes cast 74%5%0%21%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Moorlach — Nay
Pan — Not Voting
Borgeas — Not Voting
Beall — Not Voting
Bates — Not Voting
Morrell — Not Voting
Nielsen — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Democratic 4000
Unaffiliated 4000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Borgeas — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights healthcare
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Frequently asked questions

What does SB 377 do?
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.
Who sponsors SB 377?
SB 377 is sponsored by McGuire, Mike (Democratic).
What is the current status of SB 377?
This bill has been enacted into law. Introduced February 20, 2019. Enacted.
Where can I track SB 377?
Track SB 377 free on One Click Politics — get push/email alerts when it moves.

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