CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1043Introduced by Senators Pan and JacksonFebruary 18, 2020 An act relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 1043, as introduced, Pan. Care facilities: incapacitated patients rights.When a resident of a skilled nursing facility is prescribed or ordered a medical intervention that requires informed consent, the patient lacks capacity, and there is no person with legal authority to consent, existing law requires a skilled nursing facility to conduct an interdisciplinary team review of the prescribed medical intervention prior to the administration of the medical intervention, as specified. Existing case law requires notice and an opportunity to be heard before a patient is determined to lack capacity for this purpose. This bill would state the intent of the Legislature to enact legislation that would appropriately implement the decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation that would appropriately implement the appellate courts decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1043Introduced by Senators Pan and JacksonFebruary 18, 2020 An act relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 1043, as introduced, Pan. Care facilities: incapacitated patients rights.When a resident of a skilled nursing facility is prescribed or ordered a medical intervention that requires informed consent, the patient lacks capacity, and there is no person with legal authority to consent, existing law requires a skilled nursing facility to conduct an interdisciplinary team review of the prescribed medical intervention prior to the administration of the medical intervention, as specified. Existing case law requires notice and an opportunity to be heard before a patient is determined to lack capacity for this purpose. This bill would state the intent of the Legislature to enact legislation that would appropriately implement the decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 1043
Introduced by Senators Pan and JacksonFebruary 18, 2020
Introduced by Senators Pan and Jackson
February 18, 2020
An act relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1043, as introduced, Pan. Care facilities: incapacitated patients rights.
When a resident of a skilled nursing facility is prescribed or ordered a medical intervention that requires informed consent, the patient lacks capacity, and there is no person with legal authority to consent, existing law requires a skilled nursing facility to conduct an interdisciplinary team review of the prescribed medical intervention prior to the administration of the medical intervention, as specified. Existing case law requires notice and an opportunity to be heard before a patient is determined to lack capacity for this purpose. This bill would state the intent of the Legislature to enact legislation that would appropriately implement the decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.
When a resident of a skilled nursing facility is prescribed or ordered a medical intervention that requires informed consent, the patient lacks capacity, and there is no person with legal authority to consent, existing law requires a skilled nursing facility to conduct an interdisciplinary team review of the prescribed medical intervention prior to the administration of the medical intervention, as specified. Existing case law requires notice and an opportunity to be heard before a patient is determined to lack capacity for this purpose.
This bill would state the intent of the Legislature to enact legislation that would appropriately implement the decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation that would appropriately implement the appellate courts decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature to enact legislation that would appropriately implement the appellate courts decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.
SECTION 1. It is the intent of the Legislature to enact legislation that would appropriately implement the appellate courts decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.
SECTION 1. It is the intent of the Legislature to enact legislation that would appropriately implement the appellate courts decision in California Advocates for Nursing Home Reform v. Smith (2019) 38 Cal.App.5th 838, which required that nursing homes adopt, and the State Department of Public Health to enforce, notice and hearing requirements when determining medical incompetence for purposes of Section 1418.8 of the Health and Safety Code, as well as establishing requirements for the composition of interdisciplinary teams for incapacitated patients.
### SECTION 1.