HomeMy WebLinkAboutMINUTES - 04241990 - 1.35 /, 3S
To: w BOARD OF SUPERVISORS s---.L
Contra
FROM: Phil Batchelor, County Administrator is
Costa
n.
Count
April 18, 1990
•,
DATE: d-coun`�
SUBJECT: LEGISLATION: AB 3520 (Bentley)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONIlENDATION:
Adopt a position in OPPOSITION TO AB 3520 by Assemblywoman
Bentley which would allow any interested person to file a
petition with the court seeking to have the court order the
public guardian, adult protective services, ombudsman or other
entity to give consent for medical treatment on behalf of an
individual for whom no conservator has been appointed and who is
unable to provide informed consent for the necessary medical
treatment.
BACKGROUND:
Current law provides that if an adult person who does not have a
conservator requires medical treatment for an existing or
continuing medical condition and the individual is unable to give
informed consent for that medical treatment, a petition may be
filed by the spouse of the patient, a relative or friend of the
patient, the patient' s physician, a person acting on behalf of
the medical facility in which the patient is located if the
patient is in a medical facility, or the public guardian or such
other county officer as is designated by the board of supervisors
of the county in which the patient is located or resides or is
temporarily living. The petition seeks an order from the
superior court authorizing the medical treatment and authorizing
the petitioner to give consent to the treatment on the behalf of
the person requiring treatment.
Assemblywoman Bentley has introduced AB 3520 which provides that
if none of these individuals has filed for a petition for an
CONTINUED ON ATTACHMENT:YeS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE `(
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON April 24 , 1990 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON�4 DATE SHOWN.
APR " ' 1990
CC: ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
order authorizing medical treatment and authorizing consent to
the medical treatment on behalf of the patient, then a petition
may be filed by any interested person. The petition must
. indicate that none of the other authorized individuals has filed
for a petition. The petition must be accompanied by a medical
affidavit containing certain specified information about the
medical condition and the need for treatment.
The petition could be filed in superior court in the county in
which the patient resides, in the county in which the patient is
temporarily living, or in any other county as may be in the best
interests of the patient. Upon receiving the petition and
medical affidavit the . superior court could then render an order
for the medical treatment and order the public guardian, adult
protective services, ombudsman or other designated entity to give
consent for the medical treatment on behalf of the patient.
County Counsel has expressed concern that if passed, this
legislation would open the County to liability to pay for medical
treatment which has been initiated by nearly any interested
citizen. The existing law already provides a wide variety of
individuals who can initiate such a petition. If none of them
does so, there may be a good reason why a petition has not been
initiated. It is undesirable to lock into statute a procedure
whereby an individual who has no relationship to the patient and
no connection with the County could obtain a court order which
imposes a duty on the County, along with the attendant liability,
but which provides the County no input into the process which
results in the court order. This . office concurs with County
Counsel' s concerns and therefore recommends that the Board of
Supervisors indicate its opposition to AB 3520.
cc: Assemblywoman Bentley
County Administrator
Mark Finucane, Health Services Director and Public Guardian
Victor J. Westman, County Counsel
Jim Rydingsword, Social Services Director
Vickie L. Dawes, Deputy County Counsel
Les Spahnn, SRJ. Jackson, Barish & Associates