NY State Senate Bill 2023-S466

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

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Actions

View Actions

	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

Votes

- May 7, 2024 - Health Committee Vote
  S466
  
  8
  
  Aye
  
  2
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 7, 2024
      
      aye (8)
      
      Ashby
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Webb
      
      nay (2)
      
      Felder
      
      Gallivan
      
      aye wr (5)
      
      Brouk
      
      Martins
      
      Rhoads
      
      Stec
      
      Thomas
  Feb 14, 2023 - Health Committee Vote
  S466
  
  9
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 14, 2023
      
      aye (9)
      
      Ashby
      
      Brouk
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Webb
      
      nay (2)
      
      Felder
      
      Gallivan
      
      aye wr (4)
      
      Martins
      
      Rhoads
      
      Stec
      
      Thomas

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S466 - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Add §280-d, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8752
2019-2020: S5441
2021-2022: S2103

2023-S466 - Summary

Relates to the use of antipsychotic medications in nursing homes; imposes limits as to time and documentation; requires informed consent under certain circumstances.

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.

The bill accommodates the need of patients who lack capacity and have
lawful representation by a health care agent or surrogate. It provides
notification within 45 hours of an order for a psychotropic medication
to family members who have requested and are lawfully permitted to
receive such notice. it establishes requirements for record keeping in
relation to such medication orders and the contingent informed consent.

Finally, the bill allows for an emergency order for psychotropic medica-
tion where it is necessary to protect the life, health or safety of a
nursing home patient or others in the nursing home, with prompt notifi-
cation to lawful representatives and family members lawfully permitted
to receive such notice.

Section four sets the effective date on the one hundred eightieth day it
becomes law.

 
JUSTIFICATION:

Under section 2503-c(3) of the Public Health Law, patients residing in
nursing homes have the right to be fully informed of their condition and
any proposed treatment, to refuse treatment, and to be free from chemi-
cal restraints unless such a prescription is consistent with certain
requirements that limit duration and guide use necessitated by an emer-
gency. Psychotropic medications are drugs that affect brain activities
associated with mental processes and behavior including anti-psychotics,
antidepressants, antianxiety drugs and hypnotics.

Spurred by published reports, the Assembly Committee on Health held a
public hearing in February 2015 to examine the use of psychotropic drugs
in nursing homes. Consensus emerged that in far too many instances,
psychotropic drugs are used without a differential diagnosis of mental
illness, in order to quiet and calm patients who may be simply-upset or
excitable. Given that activities and diversions have been proven to
effectively reduce disruptions related to simple anxiety, dementia and
emotional upset, it is not in many patients' interest to expose them to

the dangerous side effects of psychotropic drugs which include cognitive
decline and addiction.

This bill would require that before such drugs are ordered for a patient
in a nursing home or an adult, care facility, the patient or their
lawful surrogate be fully informed of the nature and seriousness of his
or her condition, the anticipated benefit from the medication, the
dosage and duration of the prescription, the probability, nature and
degree of side effects, the reasonable alternatives to the drug and why
the health care professional prefers the drug in this instance, and that
the patient has the right to refuse consent for the drug, or later to
revoke their consent. The consent would be written.

Adult care facilities, including assisted living and adult homes, share
many similarities with nursing homes in terms of the needs, vulnerabili-
ty and isolation of the residents. :t fs appropriate to extend the
protections of this legislation to adult care facility residents, yet
limit the emergency order to nursing homes. Allowing family members
beyond those who are already the health care agent or surrogate for the
patient to require notification adds another layer of accountability and
assures that patients' quality of life will be protected and optimized.

Reference: Left Behind: The Impact of The Failure To Fulfill The Promise
of The National Campaign To Improve Dementia Care; Long Term Community
Care Coalition; 12/22/2014.

 
PRIOR LEGISLATIVE HISTORY:

S.2103B of 2022, Amended and recommited to Health;

S.2103B of 2021, Referred to Health;

S.5441 of 2019-20, Referred to Health;

S.5752A of 2015, Amended and recommited to Health;

A.5532A of 2017, Referred to Health;

A.7551 of 2016, Passed Assembly, Referred to Senate Health;

A.7351 of 2015, Passed Assembly, Referred to Senate Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
150 days after enactment provided that the Commissioner may make regu-
lations beforehand that would become effective at the same time as the
law.

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

 S. 466                              2
 
   2. (A) AN ORDER FOR A PSYCHOTROPIC MEDICATION IN A NURSING HOME  SHALL
 INCLUDE THE DOSAGE, FREQUENCY, AND DURATION OF THE ORDER WHICH SHALL NOT
 EXCEED  FOURTEEN DAYS. A HEALTH CARE PROFESSIONAL, WHO IS EMPLOYED BY OR
 CONTRACTED WITH A  NURSING  HOME  OR  ADULT  CARE  FACILITY  TO  PROVIDE
 SERVICES  TO  FACILITY RESIDENTS,  OR WHO PROVIDES SERVICES ON SITE IN A
 NURSING HOME OR ADULT CARE FACILITY, MAY NOT  PRESCRIBE  OR  INCREASE  A
 PRESCRIPTION FOR A PSYCHOTROPIC MEDICATION FOR A PATIENT IN SUCH FACILI-
 TY UNLESS THE HEALTH CARE PROFESSIONAL HAS OBTAINED THE WRITTEN INFORMED
 CONSENT  OF  THE  PATIENT  OR THE PATIENT'S LAWFUL REPRESENTATIVE, OR IS
 ACTING PURSUANT TO AN ORDER UNDER  THIS  SECTION,  OR  IS  ACTING  UNDER
 SUBDIVISION  THREE  OF  THIS  SECTION. WHERE A PATIENT LACKS CAPACITY TO
 CONSENT TO HEALTH CARE AND LACKS A LAWFUL REPRESENTATIVE, A PRESCRIPTION
 OR INCREASE OF A PRESCRIPTION UNDER THIS SECTION  SHALL  BE  SUBJECT  TO
 SUBDIVISION  FOUR  OF  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-G OF THIS
 CHAPTER AS IF THE PATIENT WERE AN INPATIENT OF A  GENERAL  HOSPITAL.  TO
 CONSTITUTE  INFORMED CONSENT, THE FOLLOWING DISCLOSURE SHALL BE GIVEN TO
 THE PATIENT OR, WHERE THE PATIENT LACKS CAPACITY TO  CONSENT  TO  HEALTH
 CARE,  THE  PATIENT'S  LAWFUL  REPRESENTATIVE,  IN  A CLEAR AND EXPLICIT
 MANNER:
   (I) THE REASON FOR THE MEDICATION, INCLUDING THE NATURE  AND  SERIOUS-
 NESS OF THE PATIENT'S ILLNESS, DISORDER OR CONDITION THAT THE MEDICATION
 IS INTENDED TO TREAT;
   (II)  THE  ANTICIPATED  BENEFIT  FROM  THE MEDICATION, AND THE DOSAGE,
 FREQUENCY, AND DURATION OF THE ORDER;
   (III) THE PROBABILITY OF SIDE EFFECTS AND  SIGNIFICANT  RISKS  OF  THE
 MEDICATION,  INCLUDING  THE NATURE, DEGREE, AND DURATION OF SUCH EFFECTS
 AND REASONABLY KNOWN RISKS;
   (IV) THE REASONABLE ALTERNATIVE TREATMENTS TO THE PROPOSED  MEDICATION
 AND  THE  REASON  THAT THE HEALTH CARE PROFESSIONAL PREFERS THE PROPOSED
 MEDICATION IN THIS INSTANCE; AND
   (V) THAT THE PATIENT OR LAWFUL REPRESENTATIVE HAS THE RIGHT TO CONSENT
 OR REFUSE CONSENT TO USE OF THE PROPOSED MEDICATION, AND THAT IF  HE  OR
 SHE  CONSENTS,  HE OR SHE HAS THE RIGHT TO REVOKE HIS OR HER CONSENT FOR
 ANY REASON, AT ANY TIME, INCLUDING A  DESCRIPTION  OF  HOW  THE  CONSENT
 SHALL BE REVOKED.
   (B)  THE  HEALTH  CARE  PROFESSIONAL  SHALL  DOCUMENT IN THE PATIENT'S
 MEDICAL RECORD THE DATE AND TIME THAT THE  INFORMED  CONSENT  DISCLOSURE
 WAS  PROVIDED,  AND TO WHOM AND BY WHOM IT WAS PROVIDED, AND INCLUDE THE
 WRITTEN CONSENT.
   (C) WHERE THE PATIENT'S MEDICAL RECORD NOTES THAT A FAMILY MEMBER  HAS
 REQUESTED  NOTIFICATION  OF MEDICATION ORDERS OR PRESCRIPTIONS, AND SUCH
 NOTIFICATION IS OTHERWISE LAWFUL, THE  HEALTH  CARE  PROFESSIONAL  SHALL
 CAUSE   NOTICE   TO   BE   PROVIDED  WITHIN  FORTY-EIGHT  HOURS  OF  THE
 PRESCRIPTION, ORDER, OR INCREASE OF AN ORDER OR PRESCRIPTION UNDER  THIS
 SECTION.  SUCH  NOTICE SHALL NOT BE PROVIDED IF THE PATIENT SPECIFICALLY
 REQUESTS THAT THE FAMILY MEMBER NOT BE GIVEN NOTIFICATION.
   3. A HEALTH CARE PROFESSIONAL IS NOT REQUIRED TO OBTAIN CONSENT  UNDER
 THIS  SECTION TO ISSUE AN ORDER FOR USE OF A PSYCHOTROPIC MEDICATION FOR
 A PATIENT IN A NURSING HOME WHERE IT IS NECESSARY  IN  AN  EMERGENCY  TO
 PROTECT AGAINST AN IMMEDIATE THREAT TO THE LIFE, HEALTH OR SAFETY OF THE
 PATIENT  OR ANOTHER PERSON.  THE MEDICATION MUST BE THE MOST APPROPRIATE
 AVAILABLE MEANS OF REDUCING THAT THREAT, WITH THE  LEAST  RISK  OF  HARM
 CONSIDERING  THE  PATIENT'S  CONDITION OR DISORDER. THE ORDER SHALL ONLY
 APPLY, IN THE ABSENCE OF CONSENT, DURING THE EMERGENCY. WHERE  AN  ORDER
 IS MADE UNDER THIS SUBDIVISION, THE HEALTH CARE PROFESSIONAL SHALL IMME-
 DIATELY  RECORD  THE  USE OF THE PSYCHOTROPIC MEDICATION, THE REASON FOR
 S. 466                              3
 
 THE USE, AND THE DOSAGE, IN THE  PATIENT'S  MEDICAL  RECORD;  AND  SHALL
 PROMPTLY  NOTIFY  THE PATIENT OR THE PATIENT'S LAWFUL REPRESENTATIVE WHO
 WOULD HAVE HAD THE AUTHORITY TO CONSENT, AND ANY FAMILY MEMBER  REQUIRED
 TO  BE  NOTIFIED UNDER THIS SECTION AND RECORD SUCH NOTIFICATIONS IN THE
 PATIENT'S MEDICAL RECORD.
   4. THIS SECTION DOES NOT INCREASE THE LAWFUL SCOPE OF PRACTICE OF  ANY
 HEALTH CARE PROFESSIONAL AND DOES NOT DIMINISH OR IMPAIR ANY REQUIREMENT
 FOR OR REGULATION OF CONSENT TO HEALTH CARE TREATMENT.
   5. THE COMMISSIONER MAY MAKE REGULATIONS TO IMPLEMENT THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

2023-S466A (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Add §280-d, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8752
2019-2020: S5441
2021-2022: S2103

2023-S466A (ACTIVE) - Summary

Relates to the use of antipsychotic medications in nursing homes; imposes limits as to time and documentation; requires informed consent under certain circumstances.

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

notification within 48 hours of an order for a psychotropic medication
to family members who have requested and are lawfully permitted to
receive such notice. It establishes requirements for record keeping in
relation to such medication orders and the contingent informed consent.

Finally, the bill allows for an emergency order for psychotropic medica-
tion where it is necessary to protect the life, health or safety of a
nursing home patient or others in the nursing home, with prompt notifi-
cation to lawful representatives and family members lawfully permitted
to receive such notice.

 
JUSTIFICATION:

Under section 2803-c(3) of the Public Health Law, patients residing in
nursing homes have the right to be fully informed of their condition and
any proposed treatment, to refuse treatment, and to be free from chemi-
cal restraints unless such a prescription is consistent with certain
requirements that limit duration and guide use necessitated by an emer-
gency. Psychotropic medications are drugs that affect brain activities
associated with mental processes and behavior including antipsychotics,
antidepressants, antianxiety drugs and hypnotics.

Spurred by published reports, the Assembly Committee on Health held a
public hearing in February 2015 to examine the use of psychotropic drugs
in nursing homes. Consensus emerged that in far too many instances,
psychotropic drugs are used without a differential diagnosis of mental
illness, in order to quiet and calm patients who may be simply upset or
excitable. Given that activities and diversions have been proven to
effectively reduce disruptions related to simple anxiety, dementia and
emotional upset, it is not in many patients' interest to expose them to
the dangerous side effects of psychotropic drugs which include cognitive
decline and addiction.  This bill would require that before such drugs
are ordered for a patient in a nursing home, the patient or their lawful
surrogate be fully informed of the nature and seriousness of his or her
condition, the anticipated benefit from the medication, the dosage and
duration of the prescription, the probability, nature and degree of side
effects, the reasonable alternatives to the drug and why the health care
professional prefers the drug in this instance, and that the patient has
the right to refuse consent for the drug, or later to revoke their
consent.

 
LEGISLATIVE HISTORY:

2015-2016: A7351 - similar passed Assembly No Senate Bill

2017-2018: A5332 - similar passed Assembly Senate Health.

2019-2020: A1033 - similar passed Assembly Senate Health

2021-2022: A5841 - similar passed Assembly - Senate Health

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
One year after enactment provided that the Commissioner may make regu-
lations beforehand that would become effective at the same time as the
law.

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

 S. 466--A                           2
 
   (II)  A  RESIDENT  WHO HAS PREVIOUSLY PROVIDED INFORMED CONSENT WITHIN
 THE LAST TWELVE MONTHS;
   (III) A RESIDENT RECEIVING HOSPICE CARE;
   (IV) A RESIDENT OF A NURSING HOME'S CERTIFIED BEHAVIORAL UNIT;
   (V) A RESIDENT WITH A PRIMARY DIAGNOSIS OF HUNTINGTON'S DISEASE; OR
   (VI) AN EMERGENCY AS DEFINED IN SUBDIVISION THREE OF THIS SECTION.
   (B)  WHERE  A  RESIDENT  LACKS  CAPACITY TO CONSENT TO HEALTH CARE AND
 LACKS A LAWFUL REPRESENTATIVE, A PRESCRIPTION UNDER THIS  SECTION  SHALL
 BE  SUBJECT  TO  SUBDIVISION FOUR OF SECTION TWENTY-NINE HUNDRED NINETY-
 FOUR-G OF THIS CHAPTER AS IF THE RESIDENT WERE AN INPATIENT OF A GENERAL
 HOSPITAL. TO CONSTITUTE INFORMED CONSENT, THE FOLLOWING DISCLOSURE SHALL
 BE GIVEN TO THE RESIDENT  OR,  WHERE  THE  RESIDENT  LACKS  CAPACITY  TO
 CONSENT TO HEALTH CARE, THE RESIDENT'S LAWFUL REPRESENTATIVE, IN A CLEAR
 AND EXPLICIT MANNER:
   (I)  THE  REASON FOR THE MEDICATION, INCLUDING THE NATURE AND SERIOUS-
 NESS OF THE RESIDENT'S ILLNESS, DISORDER OR CONDITION THAT  THE  MEDICA-
 TION IS INTENDED TO TREAT;
   (II)  THE  ANTICIPATED  BENEFIT  FROM  THE MEDICATION, AND THE DOSAGE,
 FREQUENCY, AND DURATION OF THE ORDER;
   (III) THE PROBABILITY OF SIDE EFFECTS AND  SIGNIFICANT  RISKS  OF  THE
 MEDICATION,  INCLUDING  THE NATURE, DEGREE, AND DURATION OF SUCH EFFECTS
 AND REASONABLY KNOWN RISKS;
   (IV) THE REASONABLE ALTERNATIVE TREATMENTS TO THE PROPOSED  MEDICATION
 AND THE REASON THAT THE PRESCRIBING HEALTH CARE PROFESSIONAL PREFERS THE
 PROPOSED MEDICATION IN THIS INSTANCE; AND
   (V)  THAT  THE  RESIDENT  OR  LAWFUL  REPRESENTATIVE  HAS THE RIGHT TO
 CONSENT OR REFUSE CONSENT TO USE OF THE PROPOSED MEDICATION, AND THAT IF
 SUCH RESIDENT OR LAWFUL REPRESENTATIVE CONSENTS, SUCH RESIDENT OR LAWFUL
 REPRESENTATIVE HAS THE RIGHT TO REVOKE SUCH RESIDENT'S OR LAWFUL  REPRE-
 SENTATIVE'S CONSENT FOR ANY REASON, AT ANY TIME, INCLUDING A DESCRIPTION
 OF HOW THE CONSENT SHALL BE REVOKED.
   (C)  THE  HEALTH  CARE  PROFESSIONAL  SHALL DOCUMENT IN THE RESIDENT'S
 MEDICAL RECORD THE DATE AND TIME THAT THE  INFORMED  CONSENT  DISCLOSURE
 WAS PROVIDED, AND TO WHOM AND BY WHOM IT WAS PROVIDED.
   (D) WHERE THE RESIDENT'S MEDICAL RECORD NOTES THAT A FAMILY MEMBER HAS
 REQUESTED  NOTIFICATION  OF MEDICATION ORDERS OR PRESCRIPTIONS, AND SUCH
 NOTIFICATION IS OTHERWISE LAWFUL, THE  HEALTH  CARE  PROFESSIONAL  SHALL
 CAUSE  NOTICE TO BE PROVIDED WITHIN FORTY-EIGHT HOURS OF THE ORDER UNDER
 THIS SECTION. SUCH NOTICE SHALL NOT BE PROVIDED IF THE RESIDENT  SPECIF-
 ICALLY REQUESTS THAT THE FAMILY MEMBER NOT BE GIVEN NOTIFICATION.
   3. A NURSING HOME AND A HEALTH CARE PROFESSIONAL SHALL NOT BE REQUIRED
 TO  OBTAIN  CONSENT  UNDER  THIS SECTION TO ISSUE AN ORDER FOR USE OF AN
 ANTIPSYCHOTIC MEDICATION FOR A RESIDENT IN A NURSING HOME  WHERE  IT  IS
 NECESSARY  IN AN EMERGENCY TO PROTECT AGAINST AN IMMEDIATE THREAT TO THE
 LIFE, HEALTH OR SAFETY OF THE RESIDENT OR ANOTHER PERSON.   THE  MEDICA-
 TION  MUST  BE  THE  MOST  APPROPRIATE  AVAILABLE MEANS OF REDUCING THAT
 THREAT, WITH THE LEAST RISK OF HARM CONSIDERING THE RESIDENT'S CONDITION
 OR DISORDER. THE ORDER SHALL ONLY APPLY,  IN  THE  ABSENCE  OF  CONSENT,
 DURING THE EMERGENCY. WHERE AN ORDER IS MADE UNDER THIS SUBDIVISION, THE
 HEALTH  CARE  PROFESSIONAL SHALL IMMEDIATELY RECORD THE USE OF THE ANTI-
 PSYCHOTIC MEDICATION, THE REASON FOR THE USE, AND  THE  DOSAGE,  IN  THE
 RESIDENT'S MEDICAL RECORD; AND SHALL PROMPTLY NOTIFY THE RESIDENT OR THE
 RESIDENT'S  LAWFUL  REPRESENTATIVE  WHO  WOULD HAVE HAD THE AUTHORITY TO
 CONSENT, AND ANY FAMILY  MEMBER  REQUIRED  TO  BE  NOTIFIED  UNDER  THIS
 SECTION AND RECORD SUCH NOTIFICATIONS IN THE RESIDENT'S MEDICAL RECORD.
 S. 466--A                           3
 
   4.  THIS SECTION DOES NOT INCREASE THE LAWFUL SCOPE OF PRACTICE OF ANY
 HEALTH CARE PROFESSIONAL AND DOES NOT DIMINISH OR IMPAIR ANY REQUIREMENT
 FOR OR REGULATION OF CONSENT TO HEALTH CARE TREATMENT.
   5. THE COMMISSIONER MAY MAKE REGULATIONS TO IMPLEMENT THIS SECTION.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.

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Senate Bill S466

Sponsored By

Current Bill Status - In Senate Committee Aging Committee

May 7, 2024 - Health Committee Vote

Health Committee Vote: May 7, 2024

Feb 14, 2023 - Health Committee Vote

Health Committee Vote: Feb 14, 2023

Bill Amendments

co-Sponsors

2023-S466 - Details

2023-S466 - Summary

2023-S466 - Sponsor Memo

2023-S466 - Bill Text download pdf

co-Sponsors

2023-S466A (ACTIVE) - Details

2023-S466A (ACTIVE) - Summary

2023-S466A (ACTIVE) - Sponsor Memo

2023-S466A (ACTIVE) - Bill Text download pdf

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Senate Bill S466

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Aging Committee

Bill Amendments

co-Sponsors

Lea Webb

2023-S466 - Details

2023-S466 - Summary

2023-S466 - Sponsor Memo

2023-S466 - Bill Text download pdf

co-Sponsors

Lea Webb

2023-S466A (ACTIVE) - Details

2023-S466A (ACTIVE) - Summary

2023-S466A (ACTIVE) - Sponsor Memo

2023-S466A (ACTIVE) - Bill Text download pdf

Comments