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A BILL TO BE ENTITLED
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AN ACT
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relating to consent requirements for the prescription of certain |
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psychoactive medications to residents of nursing facilities and |
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related institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.505, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(c) Subject to Subsection (c-1), consent [Consent] to the |
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prescription of psychoactive medication given by a resident or by a |
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person authorized by law to consent on behalf of the resident is |
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valid only if: |
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(1) the consent is given voluntarily and without |
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coercive or undue influence; |
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(2) the person prescribing the medication, [or] that |
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person's designee, or the facility's medical director provided the |
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following information, in a standard format approved by the |
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department, to the resident and, if applicable, to the person |
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authorized by law to consent on behalf of the resident: |
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(A) the specific condition to be treated; |
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(B) the beneficial effects on that condition |
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expected from the medication; |
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(C) the probable clinically significant side |
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effects and risks associated with the medication; and |
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(D) the proposed course of the medication; |
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(3) the resident and, if appropriate, the person |
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authorized by law to consent on behalf of the resident are informed |
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in writing that consent may be revoked; and |
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(4) the consent is evidenced in the resident's |
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clinical record by: |
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(A) a signed form prescribed by the facility or |
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by a statement of the person prescribing the medication or that |
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person's designee that documents that consent was given by the |
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appropriate person and the circumstances under which the consent |
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was obtained; and |
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(B) the original or a copy of the written consent |
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required by Subsection (c-1), if applicable. |
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(c-1) In addition to the requirements of Subsection (c), |
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consent to the prescription of an antipsychotic or neuroleptic |
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medication is valid only if the consent to the prescription of that |
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medication is given in writing, on a form prescribed by the |
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commission, by a resident or by a person authorized by law to |
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consent on behalf of the resident. |
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(c-2) Written consent provided by a resident or the |
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resident's legally authorized representative on the form described |
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by Subsection (c-1) is presumed to satisfy the consent requirements |
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of Subsection (c) and the disclosure requirements established by |
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the Texas Medical Disclosure Panel in Sections 74.103 and 74.105, |
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Civil Practice and Remedies Code. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall develop the form required by Section |
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242.505(c-1), Health and Safety Code, as added by this Act. In |
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developing the form, the commission shall consult with the Texas |
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Medical Disclosure Panel. |
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SECTION 3. This Act takes effect September 1, 2019. |