SRC-MKV S.B. 355 77(R)BILL ANALYSIS


Senate Research CenterS.B. 355
By: Lindsay
Health & Human Services
7/5/2001
Enrolled


DIGEST AND PURPOSE 

The Texas Health and Safety Code contains provisions that govern informed
consent to psychiatric drugs for individuals in inpatient psychiatric
settings, but none that apply to the residents of nursing homes.  S.B. 355
proposes to correct this inequity in the law by extending the informed
consent provisions to residents of nursing homes. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.501(a), Health and Safety Code, to add
language regarding a nursing home resident's statement of rights to include
the resident's right to have a physician explain to the resident
recommended treatments and expected results, including reasonably expected
effects, side effects, and risks associated with psychoactive medications,
and to include the resident's right to receive information about prescribed
psychoactive medication from the person prescribing the medication or that
person's designee, to have any psychoactive medications prescribed and
administered in a responsible manner, as mandated by Section 242.505, and
to refuse to consent to the prescription of such drugs. 

SECTION 2.  Amends Chapter 242L, Health and Safety Code, by adding Section
242.505, as follows: 

Sec. 242.505.  PRESCRIPTION OF PSYCHOACTIVE MEDICATION.  (a) Defines
"medication-related emergency" and "psychoactive medication."   

(b) Prohibits a person from administering a psychoactive medication to a
resident who does not consent to the prescription unless the patient is
having a medication-related emergency or the person authorized by law to
consent on behalf of the resident has consented to the prescription. 

(c) Provides that consent to the prescription of psychoactive medication
given by a resident or by a person authorized by law to consent on behalf
of the resident is only valid under certain conditions. 

(d) Requires a resident's refusal to consent to receive psychoactive
medication to be documented in the resident's clinical record. 

(e) Provides that if a physician prescribed psychoactive medication without
the resident's consent because of a medication-related emergency, the
physician is required to document in the resident's clinical record in
specific terms the necessity of the order and that the physician has
evaluated but rejected other generally accepted, less intrusive  forms of
treatment, if any, and requires the treatment to be provided in the manner,
consistent with clinically appropriate medical care, least restrictive of
the resident's personal liberty. 

(f) Provides that a physician or a person designated by the physician is
not liable for civil damages or an administrative penalty and is not
subject to disciplinary action for a breach of confidentiality of medical
information for a disclosure of the information provided under Subsection
(c)(2) made by the resident or the person authorized by law to consent on
behalf of the resident that occurs while the information is in the
possession or control of the resident or the person authorized by law to
consent on behalf of the resident. 

SECTION 3.  Effective date: upon passage or September 1, 2001.