AMENDED IN SENIOR SENATE OCTOBER 31, 2012

AMENDED IN SENIOR ASSEMBLY OCTOBER 31, 2012

SENIOR ASSEMBLY PROPOSAL NO. 6

INTRODUCED BY SENIOR ASSEMBLY MEMBER DURAN

LEGISLATIVE COUNSEL'S DIGEST

AP 6: NURSING FAILITIES: ANTIPSYCHOTIC.

UNDER EXISTING LAW, THE STATE DEPARTMENT OF PUBLIC HEALTH LICENSES AND REGULATES SKILLED NURSING FACILITIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE STATE DEPARTMENT OF PUBLIC HEALTH TO RESEARCH AND REVIEW EXISTING OR PROPOSED PRACTICES AT NURSING FACILITIES IN ORDER TO PROVIDE TRAINING TO CAREGIVERS IN ORDER TO ADDRESS THE MENTAL HEALTH OF NURSING FACILITY RESIDENTS WITHOUT THE USE OF ANTIPSYCHOTIC DRUGS.

VOTE: MAJORITY.

AP 6: RELATING TO MENTAL HEALTH

WHEREAS, ELDERLY PATIENTS WITH DEMENTIA-RELATED PSYCHOSIS WHO ARE TREATED WITH ANTIPSYCHOTIC DRUGS ARE AT AN INCREASED RISK OF DEATH; AND

WHEREAS, TENS OF THOUSANDS OF NURSING FACILITY RESIDENTS WITH DEMENTIA RECEIVE POWERFUL ANTIPSYCHOTIC DRUGS THAT ARE NOT INTENDED OR APPROVED FOR THE RESIDENTS’ MEDICAL CONDITIONS; AND

WHEREAS, THESE DRUGS ARE OFTEN USED TO SEDATE AND CONTROL RESIDENTS, AS A SUBSTITUTE FOR NEEDED CARE, AS RESOURCES ARE STRAINED AND NURSING FACILITY STAFF ARE OVERWORKED; AND

WHEREAS, BECAUSE OF TIME RESTRAINTS, FINANCIAL RESTRAINTS, AND LIMITED RESOURCES, MEDICATING RESIDENTS SO THAT THEY DO NOT HURT THEMSELVES OR OTHERS IS OFTEN THE ONLY OPTION; AND

WHEREAS, AN ARTICLE BY THE AMERICAN SOCIETY ON AGING STATED THAT NEARLY EVERY MONTH REPORTS APPEAR THAT DOCUMENT THE LARGE NUMBER OF NURSING FACILITY RESIDENTS WHO ARE INAPPROPRIATELY GIVEN ANTIPSYCHOTIC DRUGS EACH DAY; AND

WHEREAS, ELDERLY NURSING FACILITY RESIDENTS ARE ESPECIALLY AT RISK OF HARMFUL DRUG INTERACTIONS BECAUSE MOST OF THESE RESIDENTS TAKE MANY OTHER MEDICATIONS AND ARE IN POOR HEALTH; AND

WHEREAS, EXCESSIVE USE OF TRANQUILIZERS CAN QUICKLY REDUCE AN AMBULATORY PATIENT TO AN ALTERED MENTAL STATUS, CONFINING THE PATIENT’S MUSCLES SO THAT THEY ATROPHY FROM INACTION AND CAUSING THE QUICK DETERIORATION OF GENERAL HEALTH; AND

WHEREAS, ANTIPSYCHOTIC DRUGS DO NOT JUST HASTEN DEATH, THEY OFTEN TURN RESIDENTS INTO PEOPLE THEIR FAMILIES BARELY RECOGNIZE BY DULLING THE RESIDENTS’ MEMORIES, SAPPING THEIR PERSONALITIES, AND CRUSHING THEIR SPIRITS; AND

WHEREAS, NURSING FACILITY RESIDENTS ARE OFTEN ADMITTED WITHOUT A LONG-TERM HISTORY OF EITHER PSYCHIATRIC DIAGNOSES OR TREATMENT; AND

WHEREAS, NURSING FACILITY RESIDENTS ARE ADMITTED WITH DIFFERENT CATEGORIES OF PSYCHIATRIC OR MEDICAL PROBLEMS, INCLUDING PARKINSON’S DISEASE, BIPOLAR DISORDER, DEMENTIA, AND BEHAVIORAL PROBLEMS ASSOCIATED WITH ANXIETY OR DEPRESSION CAUSED BY REDUCED FUNCTIONING RESULTING FROM MEDICAL PROBLEMS AND DIFFICULTIES ADJUSTING TO THE NURSING FACILITY LIFE; AND

WHEREAS, A NURSING HOME RESIDENT NEEDS TO BE DIAGNOSED WITH A SEVERE MENTAL ILLNESS BEFORE HAVING A LEGITIMATE NEED FOR A NURSING FACILITY TO ADMINISTER ANTIPSYCHOTIC DRUGS; AND

WHEREAS, THE DRUGGING PROBLEM HAS REACHED EPIDEMIC LEVELS AND THE EXCESSIVE USE OF ANTIPSYCHOTIC DRUGS IN NURSING FACILITIES IS A FORM OF ELDER ABUSE; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STATE DEPARTMENT OF PUBLIC HEALTH RESEARCH AND REVIEW EXISTING OR PROPOSED PRACTICES AT NURSING FACILITIES IN ORDER TO PROVIDE TRAINING TO CAREGIVERS IN ORDER TO DDRESS THE MENTAL HEALTH OF NURSING FACILITY RESIDENTS WITHOUT THE USE OF ANTIPSYCHOTIC DRUGS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

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