1-1     By:  Lindsay                                           S.B. No. 355
 1-2           (In the Senate - Filed January 23, 2001; January 25, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 2, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 9, Nays 0;
 1-6     April 2, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 355                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to a nursing home resident's right to informed consent
1-11     regarding the prescription of certain drugs.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (a), Section 242.501, Health and
1-14     Safety Code, is amended to read as follows:
1-15           (a)  The department by rule shall adopt a statement of the
1-16     rights of a resident.  The statement must be consistent with
1-17     Chapter 102, Human Resources Code, but shall reflect the unique
1-18     circumstances of a resident at an institution.  At a minimum, the
1-19     statement of the rights of a resident must address the resident's
1-20     constitutional, civil, and legal rights and the resident's right:
1-21                 (1)  to be free from abuse and exploitation;
1-22                 (2)  to safe, decent, and clean conditions;
1-23                 (3)  to be treated with courtesy, consideration, and
1-24     respect;
1-25                 (4)  to not be subjected to discrimination based on
1-26     age, race, religion, sex, nationality, or disability and to
1-27     practice the resident's own religious beliefs;
1-28                 (5)  to privacy, including privacy during visits and
1-29     telephone calls;
1-30                 (6)  to complain about the institution and to organize
1-31     or participate in any program that presents residents' concerns to
1-32     the administrator of the institution;
1-33                 (7)  to have information about the resident in the
1-34     possession of the institution maintained as confidential;
1-35                 (8)  to retain the services of a physician the resident
1-36     chooses, at the resident's own expense or through a health care
1-37     plan, and to have a physician explain to the resident, in language
1-38     that the resident understands, the resident's complete medical
1-39     condition, the recommended treatment, and the expected results of
1-40     the treatment, including any expected effects, clinically possible
1-41     side effects, and risks associated with psychoactive medications;
1-42                 (9)  to participate in developing a plan of care, to
1-43     refuse treatment, and to refuse to participate in experimental
1-44     research;
1-45                 (10)  to a written statement or admission agreement
1-46     describing the services provided by the institution and the related
1-47     charges;
1-48                 (11)  to manage the resident's own finances or to
1-49     delegate that responsibility to another person;
1-50                 (12)  to access money and property that the resident
1-51     has deposited with the institution and to an accounting of the
1-52     resident's money and property that are deposited with the
1-53     institution and of all financial transactions made with or on
1-54     behalf of the resident;
1-55                 (13)  to keep and use personal property, secure from
1-56     theft or loss;
1-57                 (14)  to not be relocated within the institution,
1-58     except in accordance with standards adopted by the department under
1-59     Section 242.403;
1-60                 (15)  to receive visitors;
1-61                 (16)  to receive unopened mail and to receive
1-62     assistance in reading or writing correspondence;
1-63                 (17)  to participate in activities inside and outside
1-64     the institution;
 2-1                 (18)  to wear the resident's own clothes;
 2-2                 (19)  to discharge himself or herself from the
 2-3     institution unless the resident is an adjudicated mental
 2-4     incompetent;
 2-5                 (20)  to not be discharged from the institution except
 2-6     as provided in the standards adopted by the department under
 2-7     Section 242.403; [and]
 2-8                 (21)  to be free from any physical or chemical
 2-9     restraints imposed for the purposes of discipline or convenience,
2-10     and not required to treat the resident's medical symptoms; and
2-11                 (22)  to receive information about prescribed
2-12     psychoactive medication from a treating physician and pharmacist,
2-13     to have any psychoactive medications prescribed and administered in
2-14     a responsible manner, as mandated by Section 242.505, and to refuse
2-15     to consent to the prescription of psychoactive medications.
2-16           SECTION 2.  Subchapter L, Chapter 242, Health and Safety
2-17     Code, is amended by adding Section 242.505 to read as follows:
2-18           Sec. 242.505.  PRESCRIPTION OF PSYCHOACTIVE MEDICATION.
2-19     (a)  In this section:
2-20                 (1)  "Medication-related emergency" means a situation
2-21     in which it is immediately necessary to administer medication to a
2-22     resident to prevent:
2-23                       (A)  imminent probable death or substantial
2-24     bodily harm to the resident; or
2-25                       (B)  imminent physical or emotional harm to
2-26     another because of threats, attempts, or other acts the resident
2-27     overtly or continually makes or commits.
2-28                 (2)  "Psychoactive medication" means a medication that
2-29     is prescribed for the treatment of symptoms of psychosis or other
2-30     severe mental or emotional disorders and that is used to exercise
2-31     an effect on the central nervous system to influence and modify
2-32     behavior, cognition, or affective state when treating the symptoms
2-33     of mental illness.  The term includes the following categories when
2-34     used as described by this subdivision:
2-35                       (A)  antipsychotics or neuroleptics;
2-36                       (B)  antidepressants;
2-37                       (C)  agents for control of mania or depression;
2-38                       (D)  antianxiety agents;
2-39                       (E)  sedatives, hypnotics, or other
2-40     sleep-promoting drugs; and
2-41                       (F)  psychomotor stimulants.
2-42           (b)  A person may not prescribe a psychoactive medication to
2-43     a resident who does not consent to the prescription unless:
2-44                 (1)  the resident is having a medication-related
2-45     emergency; or
2-46                 (2)  the person authorized by law to consent on behalf
2-47     of the resident has consented to the prescription.
2-48           (c)  Consent to the prescription of psychoactive medication
2-49     given by a resident or by a person authorized by law to consent on
2-50     behalf of the resident is valid only if:
2-51                 (1)  the consent is given voluntarily and without
2-52     coercive or undue influence;
2-53                 (2)  the treating physician or a person designated by
2-54     the physician provided the following information, in a standard
2-55     format approved by the department, to the resident and, if
2-56     applicable, to the person authorized by law to consent on behalf of
2-57     the resident:
2-58                       (A)  the specific condition to be treated;
2-59                       (B)  the beneficial effects on that condition
2-60     expected from the medication;
2-61                       (C)  the probable health and mental health
2-62     consequences of not consenting to the medication;
2-63                       (D)  the probable clinically significant side
2-64     effects and risks associated with the medication;
2-65                       (E)  the generally accepted alternatives to the
2-66     medication, if any, and why the physician recommends that they be
2-67     rejected; and
2-68                       (F)  the proposed course of the medication;
2-69                 (3)  the resident and, if appropriate, the person
 3-1     authorized by law to consent on behalf of the resident are informed
 3-2     in writing that consent may be revoked; and
 3-3                 (4)  the consent is evidenced in the resident's
 3-4     clinical record by a signed form prescribed by the facility or by a
 3-5     statement of the treating physician or a person designated by the
 3-6     physician that documents that consent was given by the appropriate
 3-7     person and the circumstances under which the consent was obtained.
 3-8           (d)  If the treating physician designates another person to
 3-9     provide the information under Subsection (c), not later than two
3-10     working days after that person provides the information, excluding
3-11     weekends and legal holidays, the physician shall meet with the
3-12     resident and, if appropriate, the person authorized by law to
3-13     consent on behalf of the resident, to review the information and
3-14     answer any questions.
3-15           (e)  A resident's refusal to consent to receive psychoactive
3-16     medication shall be documented in the resident's clinical record.
3-17           (f)  In prescribing psychoactive medication, a treating
3-18     physician shall:
3-19                 (1)  prescribe, consistent with clinically appropriate
3-20     medical care, the medication that has the fewest side effects or
3-21     the least potential for adverse side effects, unless the class of
3-22     medication has been demonstrated or justified not to be effective
3-23     clinically; and
3-24                 (2)  prescribe the smallest therapeutically acceptable
3-25     dosages of medication for the resident's condition.
3-26           (g)  If a physician prescribes psychoactive medication to a
3-27     resident without the resident's consent because the resident is
3-28     having a medication-related emergency:
3-29                 (1)  the physician shall document in the resident's
3-30     clinical record in specific medical or behavioral terms the
3-31     necessity of the order and that the physician has evaluated but
3-32     rejected other generally accepted, less intrusive forms of
3-33     treatment, if any; and
3-34                 (2)  treatment of the resident with the psychoactive
3-35     medication shall be provided in the manner, consistent with
3-36     clinically appropriate medical care, least restrictive of the
3-37     resident's personal liberty.
3-38           SECTION 3.  This Act takes effect immediately if it receives
3-39     a vote of two-thirds of all the members elected to each house, as
3-40     provided by Section 39, Article III, Texas Constitution.  If this
3-41     Act does not receive the vote necessary for immediate effect, this
3-42     Act takes effect September 1, 2001.
3-43                                  * * * * *