Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 24, 2024 |
print number 466a |
May 24, 2024 |
amend and recommit to aging |
May 07, 2024 |
reported and committed to aging |
Jan 03, 2024 |
referred to health |
Feb 14, 2023 |
reported and committed to aging |
Jan 04, 2023 |
referred to health |
Senate Bill S466A
2023-2024 Legislative Session
Sponsored By
(D) 32nd Senate District
Current Bill Status - In Senate Committee Aging Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 52nd Senate District
2023-S466 - Details
2023-S466 - Sponsor Memo
BILL NUMBER: S466 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the public health law, in relation to the use of psycho- tropic medications in nursing homes and adult care facilities PURPOSE: To require an enhanced level of informed consent before psychotropic medication can be prescribed for patients in nursing homes or adult care facilities. SUMMARY OF PROVISIONS: Would add a new section 250-d to article 2-A of the Public Health Law to detail the information that must be provided before a health care professional may prescribe a psychotropic medication to a patient in a nursing home or an adult care facility and require a written informed consent before the initial order or prescription, or before an increase in the dose or duration of an existing order or prescription.
2023-S466 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 466 2023-2024 Regular Sessions I N S E N A T E January 4, 2023 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to the use of psycho- tropic medications in nursing homes and adult care facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 280-d to read as follows: § 280-D. USE OF PSYCHOTROPIC MEDICATIONS IN NURSING HOMES AND ADULT CARE FACILITIES. 1. AS USED IN THIS SECTION: (A) "PSYCHOTROPIC MEDICATION" MEANS A DRUG THAT AFFECTS BRAIN ACTIV- ITIES ASSOCIATED WITH MENTAL PROCESSES AND BEHAVIOR, INCLUDING, BUT NOT LIMITED TO, ANTIPSYCHOTICS, ANTIDEPRESSANTS, ANTIANXIETY DRUGS OR ANXIO- LYTICS, AND HYPNOTICS; (B) "LAWFUL REPRESENTATIVE" MEANS, WHERE A PATIENT LACKS CAPACITY TO CONSENT TO HEALTH CARE, A PERSON AUTHORIZED TO CONSENT ON BEHALF OF THE PATIENT, INCLUDING, BUT NOT LIMITED TO, A HEALTH CARE AGENT AUTHORIZED BY A HEALTH CARE PROXY UNDER ARTICLE TWENTY-NINE-C OF THIS CHAPTER OR A SURROGATE UNDER ARTICLE TWENTY-NINE-CC OF THIS CHAPTER; (C) "INCREASE" WHEN USED IN RELATION TO AN ORDER FOR A PSYCHOTROPIC MEDICATION, MEANS AN INCREASE OF THE DOSAGE OR DURATION OF THE MEDICA- TION ABOVE THE DOSAGE OR DURATION COVERED BY THE CURRENTLY ACTIVE CONSENT; (D) "HEALTH CARE PROFESSIONAL" MEANS A HEALTH CARE PROFESSIONAL, LICENSED, CERTIFIED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, WHO HAS AUTHORITY TO ORDER A PSYCHOTROPIC MEDICATION; AND (E) "PATIENT" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF A RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR AN ADULT CARE FACILITY CERTIFIED UNDER SECTION FOUR HUNDRED SIXTY- ONE-B OF THE SOCIAL SERVICES LAW. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01548-01-3
co-Sponsors
(D, WF) 52nd Senate District
2023-S466A (ACTIVE) - Details
2023-S466A (ACTIVE) - Sponsor Memo
BILL NUMBER: S466A SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the public health law, in relation to the use of psycho- tropic medications in nursing homes and adult care facilities PURPOSE: This bill require an enhanced level of informed consent before psycho- tropic medication can be prescribed for patients in nursing homes. SUMMARY OF PROVISIONS: Section one adds a new section 280-d to the Public Health Law to detail the information that must be provided before a health care professional may prescribe a psychotropic medication to a patient in a nursing home and require informed consent before the initial order or prescription. The bill accommodates the need of patients who lack capacity and have lawful representation by a health care agent or surrogate. It provides
2023-S466A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 466--A 2023-2024 Regular Sessions I N S E N A T E January 4, 2023 ___________ Introduced by Sens. SEPULVEDA, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recom- mitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the use of psycho- tropic medications in nursing homes and adult care facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 280-d to read as follows: § 280-D. USE OF ANTIPSYCHOTIC MEDICATIONS IN NURSING HOMES. 1. AS USED IN THIS SECTION: (A) "LAWFUL REPRESENTATIVE" MEANS, WHERE A RESIDENT LACKS CAPACITY TO CONSENT TO HEALTH CARE, A PERSON AUTHORIZED TO CONSENT ON BEHALF OF THE RESIDENT, INCLUDING, BUT NOT LIMITED TO, A HEALTH CARE AGENT AUTHORIZED BY A HEALTH CARE PROXY UNDER ARTICLE TWENTY-NINE-C OF THIS CHAPTER OR A SURROGATE UNDER ARTICLE TWENTY-NINE-CC OF THIS CHAPTER; AND (B) "HEALTH CARE PROFESSIONAL" MEANS A HEALTH CARE PROFESSIONAL, LICENSED, CERTIFIED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN SUCH HEALTH CARE PROFESSIONAL'S LAWFUL SCOPE OF PRACTICE, WHO HAS AUTHORITY TO ORDER AN ANTIPSYCHOTIC MEDICA- TION. 2. (A) A NURSING HOME OR A HEALTH CARE PROFESSIONAL SHALL OBTAIN THE INFORMED CONSENT OF THE RESIDENT OR THE RESIDENT'S LAWFUL REPRESEN- TATIVE, BEFORE INITIATING THE ADMINISTRATION OF AN ANTIPSYCHOTIC MEDICA- TION FOR A RESIDENT, PROVIDED THAT INFORMED CONSENT SHALL NOT BE REQUIRED IN THE CASE OF: (I) A RESIDENT WHO HAS BEEN PRESCRIBED AN ANTIPSYCHOTIC MEDICATION PRIOR TO AN ADMISSION OR READMISSION TO THE NURSING HOME; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01548-09-4
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.