California 2015-2016 Regular Session Status: Enacted

AB 1423 — Prisoners: medical treatment.

Last action — Chaptered by Secretary of State - Chapter 381, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 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 provides for the designation and selection of health care surrogates, and for the manner of making health care decisions for patients without surrogates. Existing law prohibits the administration of psychiatric medication to an inmate in state prison on a nonemergency basis without the inmate's informed consent, unless certain conditions are satisfied, including, among other things, that a psychiatrist determines that the inmate is gravely disabled and does not have the capacity to refuse treatment with psychiatric medication. Existing law authorizes a physician to administer psychiatric medication to a prison inmate in specified emergency situations. This bill would, except as provided, establish a process for a licensed physician or dentist to file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient's capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if the patient is an adult housed in state prison, the physician or dentist is unable to obtain informed consent from the inmate patient because the physician or dentist determines that the inmate patient appears to lack capacity to provide informed consent or make a health care decision, and there is no person with legal authority to provide informed consent for, or make decisions concerning the health care of, the inmate patient. The bill would require the petition to contain specified information, including, among other things, the inmate patient's current physical condition and a description of the health care conditions currently afflicting the inmate patient. This bill would require that the petition be served on the inmate patient and his or her counsel, and filed with the office, as provided. The bill would also require that the inmate patient be provided with counsel and a written notice advising him or her of, among other things, the inmate patient's right to be present at the hearing. Except as specified, the bill would require that the inmate patient be provided with a hearing before an administrative law judge within 30 days of the date of filing the petition. In case of an emergency, as defined, the bill would authorize the inmate patient's physician or dentist to administer a medical intervention that requires informed consent prior to the date of the administrative hearing and would require that counsel for the inmate patient be notified by the physician or dentist. The bill would require the administrative law judge to determine and provide a written order and findings setting forth whether there has been clear and convincing evidence that, among other things, the inmate patient lacks capacity to give informed consent or make a health care decision. If the findings required by these provisions are made, the bill would require the administrative law judge to appoint a surrogate decisionmaker for health care for the inmate patient, as provided, which would be valid for one year and would be valid at any state correctional facility within California. The bill would also provide for a process to renew the appointment of the surrogate decisionmaker. The bill would authorize the Secretary of the Department of Corrections and Rehabilitation to adopt regulations as necessary to carry out these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 381, Statutes of 2015.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2433.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 7. Noes 0.) (August 27).

  8. In committee: Referred to APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 7). Re-referred to Com. on APPR.

  10. Referred to Com. on PUB. S.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1564.)

  13. Read second time. Ordered to Consent Calendar.

  14. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13).

  15. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 19. Noes 0.) (April 28). Re-referred to Com. on APPR.

  16. Re-referred to Com. on HEALTH.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  18. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 6. Noes 0.) (April 14). Re-referred to Com. on HEALTH.

  19. Re-referred to Com. on PUB. S.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  21. Referred to Coms. on PUB. S. and HEALTH.

  22. Read first time.

  23. From printer. May be heard in committee March 31.

  24. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

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

3rd Reading AB1423 Mark Stone By Glazer

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Morrell — Yea
Pan — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hill — Yea
Huff — Yea
Bates — Yea
Block — Yea
Lara — Yea
Leno — Yea
Liu — Not Voting
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Leyva — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Beall — Yea
Leyva — Yea
Nielsen — Yea

Official roll call →

AB 1423 STONE Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 65005
Democratic 4000
Republican 5001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Not Voting
Baker — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wagner — Yea
Wilk — Yea
Wood — Yea
Eggman — Yea
Dababneh — Yea
Daly — Yea
Gray — Yea
Lopez — Yea
Gomez — Yea
Gordon — Yea
Holden — Yea
Burke — Yea
Atkins — Yea
Kim — Yea
Chang — Yea
Levine — Yea
Bloom — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dodd — Yea
Linder — Yea
McCarty — Yea
O'Donnell — Not Voting
Olsen — Not Voting
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Not Voting
Weber — Not Voting
Williams — Yea
Campos — Yea
Chávez — Yea
Cooper — Yea
Gatto — Yea
Gonzalez — Yea
Salas — Yea
Bonilla — Yea
Bigelow — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Yea
Perea — Yea
Rendon — Yea
Frazier — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Quirk — Yea
Wood — Yea
Eggman — Yea
Gomez — Yea
Holden — Yea
Chang — Yea
Daly — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

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

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 16000
Republican 2000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Maienschein — Yea
Ridley-Thomas — Yea
Santiago — Yea
Wood — Yea
Bonilla — Yea
Gomez — Yea
Burke — Yea
Chiu — Yea
Chávez — Yea
Nazarian — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1423 do?
Existing law provides for the designation and selection of health care surrogates, and for the manner of making health care decisions for patients without surrogates. Existing law prohibits the administration of psychiatric medication to an inmate in state prison on a nonemergency basis without the inmate's informed consent, unless certain conditions are satisfied, including, among other things, that a psychiatrist determines that the inmate is gravely disabled and does not have the capacity to refuse treatment with psychiatric medication. Existing law authorizes a physician to administer psychiatric medication to a prison inmate in specified emergency situations. This bill would, except as provided, establish a process for a licensed physician or dentist to file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient's capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if the patient is an adult housed in state prison, the physician or dentist is unable to obtain informed consent from the inmate patient because the physician or dentist determines that the inmate patient appears to lack capacity to provide informed consent or make a health care decision, and there is no person with legal authority to provide informed consent for, or make decisions concerning the health care of, the inmate patient. The bill would require the petition to contain specified information, including, among other things, the inmate patient's current physical condition and a description of the health care conditions currently afflicting the inmate patient. This bill would require that the petition be served on the inmate patient and his or her counsel, and filed with the office, as provided. The bill would also require that the inmate patient be provided with counsel and a written notice advising him or her of, among other things, the inmate patient's right to be present at the hearing. Except as specified, the bill would require that the inmate patient be provided with a hearing before an administrative law judge within 30 days of the date of filing the petition. In case of an emergency, as defined, the bill would authorize the inmate patient's physician or dentist to administer a medical intervention that requires informed consent prior to the date of the administrative hearing and would require that counsel for the inmate patient be notified by the physician or dentist. The bill would require the administrative law judge to determine and provide a written order and findings setting forth whether there has been clear and convincing evidence that, among other things, the inmate patient lacks capacity to give informed consent or make a health care decision. If the findings required by these provisions are made, the bill would require the administrative law judge to appoint a surrogate decisionmaker for health care for the inmate patient, as provided, which would be valid for one year and would be valid at any state correctional facility within California. The bill would also provide for a process to renew the appointment of the surrogate decisionmaker. The bill would authorize the Secretary of the Department of Corrections and Rehabilitation to adopt regulations as necessary to carry out these provisions.
Who sponsors AB 1423?
AB 1423 is sponsored by Mark Stone.
What is the current status of AB 1423?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track AB 1423?
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