By Lindsay                                             S.B. No. 355
         77R4512 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a nursing home resident's right to informed consent
 1-3     regarding the administration of certain drugs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 242.501(a), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (a)  The department by rule shall adopt a statement of the
 1-8     rights of a resident.  The statement must be consistent with
 1-9     Chapter 102, Human Resources Code, but shall reflect the unique
1-10     circumstances of a resident at an institution.  At a minimum, the
1-11     statement of the rights of a resident must address the resident's
1-12     constitutional, civil, and legal rights and the resident's right:
1-13                 (1)  to be free from abuse and exploitation;
1-14                 (2)  to safe, decent, and clean conditions;
1-15                 (3)  to be treated with courtesy, consideration, and
1-16     respect;
1-17                 (4)  to not be subjected to discrimination based on
1-18     age, race, religion, sex, nationality, or disability and to
1-19     practice the resident's own religious beliefs;
1-20                 (5)  to privacy, including privacy during visits and
1-21     telephone calls;
1-22                 (6)  to complain about the institution and to organize
1-23     or participate in any program that presents residents' concerns to
1-24     the administrator of the institution;
 2-1                 (7)  to have information about the resident in the
 2-2     possession of the institution maintained as confidential;
 2-3                 (8)  to retain the services of a physician the resident
 2-4     chooses, at the resident's own expense or through a health care
 2-5     plan, and to have a physician explain to the resident, in language
 2-6     that the resident understands, the resident's complete medical
 2-7     condition, the recommended treatment, and the expected results of
 2-8     the treatment, including any expected effects, clinically possible
 2-9     side effects, and risks associated with psychoactive medications;
2-10                 (9)  to participate in developing a plan of care, to
2-11     refuse treatment, and to refuse to participate in experimental
2-12     research;
2-13                 (10)  to a written statement or admission agreement
2-14     describing the services provided by the institution and the related
2-15     charges;
2-16                 (11)  to manage the resident's own finances or to
2-17     delegate that responsibility to another person;
2-18                 (12)  to access money and property that the resident
2-19     has deposited with the institution and to an accounting of the
2-20     resident's money and property that are deposited with the
2-21     institution and of all financial transactions made with or on
2-22     behalf of the resident;
2-23                 (13)  to keep and use personal property, secure from
2-24     theft or loss;
2-25                 (14)  to not be relocated within the institution,
2-26     except in accordance with standards adopted by the department under
2-27     Section 242.403;
 3-1                 (15)  to receive visitors;
 3-2                 (16)  to receive unopened mail and to receive
 3-3     assistance in reading or writing correspondence;
 3-4                 (17)  to participate in activities inside and outside
 3-5     the institution;
 3-6                 (18)  to wear the resident's own clothes;
 3-7                 (19)  to discharge himself or herself from the
 3-8     institution unless the resident is an adjudicated mental
 3-9     incompetent;
3-10                 (20)  to not be discharged from the institution except
3-11     as provided in the standards adopted by the department under
3-12     Section 242.403; [and]
3-13                 (21)  to be free from any physical or chemical
3-14     restraints imposed for the purposes of discipline or convenience,
3-15     and not required to treat the resident's medical symptoms; and
3-16                 (22)  to receive information about prescribed
3-17     psychoactive medication from a treating physician and pharmacist,
3-18     to have any psychoactive medications prescribed and administered in
3-19     a responsible manner, as mandated by Section 242.505, and to refuse
3-20     to consent to the administration of psychoactive medications.
3-21           SECTION 2.  Subchapter L, Chapter 242, Health and Safety
3-22     Code, is amended by adding Section 242.505 to read as follows:
3-23           Sec. 242.505.  ADMINISTRATION OF PSYCHOACTIVE MEDICATION. (a)
3-24     In this section:
3-25                 (1)  "Medication-related emergency" means a situation
3-26     in which it is immediately necessary to administer medication to a
3-27     resident to prevent:
 4-1                       (A)  imminent probable death or substantial
 4-2     bodily harm to the resident; or
 4-3                       (B)  imminent physical or emotional harm to
 4-4     another because of threats, attempts, or other acts the resident
 4-5     overtly or continually makes or commits.
 4-6                 (2)  "Psychoactive medication" means a medication
 4-7     prescribed for the treatment of symptoms of psychosis or other
 4-8     severe mental or emotional disorders and that is used to exercise
 4-9     an effect on the central nervous system to influence and modify
4-10     behavior, cognition, or affective state when treating the symptoms
4-11     of mental illness.  The term includes the following categories when
4-12     used as described by this subdivision:
4-13                       (A)  antipsychotics or neuroleptics;
4-14                       (B)  antidepressants;
4-15                       (C)  agents for control of mania or depression;
4-16                       (D)  antianxiety agents;
4-17                       (E)  sedatives, hypnotics, or other
4-18     sleep-promoting drugs; and
4-19                       (F)  psychomotor stimulants.
4-20           (b)  A person may not administer a psychoactive medication to
4-21     a resident who does not consent to the administration unless:
4-22                 (1)  the resident is having a medication-related
4-23     emergency; or
4-24                 (2)  the resident's representative authorized by law to
4-25     consent on behalf of the resident has consented to the
4-26     administration.
4-27           (c)  Consent to the administration of psychoactive medication
 5-1     given by a resident or by a person authorized by law to consent on
 5-2     behalf of the resident is valid only if:
 5-3                 (1)  the consent is given voluntarily and without
 5-4     coercive or undue influence;
 5-5                 (2)  the treating physician or a person designated by
 5-6     the physician provided the following information, in a standard
 5-7     format approved by the department, to the resident and, if
 5-8     applicable, to the resident's representative authorized by law to
 5-9     consent on behalf of the resident:
5-10                       (A)  the specific condition to be treated;
5-11                       (B)  the beneficial effects on that condition
5-12     expected from the medication;
5-13                       (C)  the probable health and mental health
5-14     consequences of not consenting to the medication;
5-15                       (D)  the probable clinically significant side
5-16     effects and risks associated with the medication;
5-17                       (E)  the generally accepted alternatives to the
5-18     medication, if any, and why the physician recommends that they be
5-19     rejected; and
5-20                       (F)  the proposed course of the medication;
5-21                 (3)  the resident and, if appropriate, the resident's
5-22     representative authorized by law to consent on behalf of the
5-23     resident are informed in writing that consent may be revoked; and
5-24                 (4)  the consent is evidenced in the resident's
5-25     clinical record by a signed form prescribed by the facility or by a
5-26     statement of the treating physician or a person designated by the
5-27     physician that documents that consent was given by the appropriate
 6-1     person and the circumstances under which the consent was obtained.
 6-2           (d)  If the treating physician designates another person to
 6-3     provide the information under Subsection (c), not later than two
 6-4     working days after that person provides the information, excluding
 6-5     weekends and legal holidays, the physician shall meet with the
 6-6     resident and, if appropriate, the resident's representative who
 6-7     provided the consent, to review the information and answer any
 6-8     questions.
 6-9           (e)  A resident's refusal to consent to receive psychoactive
6-10     medication shall be documented in the resident's clinical record.
6-11           (f)  In prescribing psychoactive medication, a treating
6-12     physician shall:
6-13                 (1)  prescribe, consistent with clinically appropriate
6-14     medical care, the medication that has the fewest side effects or
6-15     the least potential for adverse side effects, unless the class of
6-16     medication has been demonstrated or justified not to be effective
6-17     clinically; and
6-18                 (2)  administer the smallest therapeutically acceptable
6-19     dosages of medication for the resident's condition.
6-20           (g)  If a physician issues an order to administer
6-21     psychoactive medication to a resident without the resident's
6-22     consent because the resident is having a medication-related
6-23     emergency:
6-24                 (1)  the physician shall document in the resident's
6-25     clinical record in specific medical or behavioral terms the
6-26     necessity of the order and that the physician has evaluated but
6-27     rejected other generally accepted, less intrusive forms of
 7-1     treatment, if any; and
 7-2                 (2)  treatment of the resident with the psychoactive
 7-3     medication shall be provided in the manner, consistent with
 7-4     clinically appropriate medical care, least restrictive of the
 7-5     resident's personal liberty.
 7-6           SECTION 3.  This Act takes effect immediately if it receives
 7-7     a vote of two-thirds of all the members elected to each house, as
 7-8     provided by Section 39, Article III, Texas Constitution. If this
 7-9     Act does not receive the vote necessary for immediate effect, this
7-10     Act takes effect September 1, 2001.