H.B. No. 2050
 
 
 
 
AN ACT
  relating to consent requirements for the prescription of certain
  psychoactive medications to residents of nursing facilities and
  related institutions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 242.505, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsections (c-1),
  (c-2), and (c-3) to read as follows:
         (c)  Subject to Subsection (c-1), consent [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
  valid only if:
               (1)  the consent is given voluntarily and without
  coercive or undue influence;
               (2)  the person prescribing the medication, [or] that
  person's designee, or the facility's medical director provided the
  following information, in a standard format approved by the
  department, to the resident and, if applicable, to the person
  authorized by law to consent on behalf of the resident:
                     (A)  the specific condition to be treated;
                     (B)  the beneficial effects on that condition
  expected from the medication;
                     (C)  the probable clinically significant side
  effects and risks associated with the medication; and
                     (D)  the proposed course of the medication;
               (3)  the resident and, if appropriate, the person
  authorized by law to consent on behalf of the resident are informed
  in writing that consent may be revoked; and
               (4)  the consent is evidenced in the resident's
  clinical record by:
                     (A)  a signed form prescribed by the facility or
  by a statement of the person prescribing the medication or that
  person's designee that documents that consent was given by the
  appropriate person and the circumstances under which the consent
  was obtained; and
                     (B)  the original or a copy of the written consent
  required by Subsection (c-1), if applicable.
         (c-1)  In addition to the requirements of Subsection (c),
  consent to the prescription of an antipsychotic or neuroleptic
  medication is valid only if the consent to the prescription of that
  medication is given in writing, on a form prescribed by the
  commission, by a resident or by a person authorized by law to
  consent on behalf of the resident.
         (c-2)  Written consent provided by a resident or the
  resident's legally authorized representative on the form described
  by Subsection (c-1) satisfies the consent requirements of
  Subsection (c).
         (c-3)  There is a rebuttable presumption that the written
  consent provided by a resident or the resident's legally authorized
  representative on the form described by Subsection (c-1) satisfies
  the disclosure requirements established by the Texas Medical
  Disclosure Panel in Sections 74.104 and 74.105, Civil Practice and
  Remedies Code.
 
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall develop the form required by Section
  242.505(c-1), Health and Safety Code, as added by this Act. In
  developing the form, the commission shall consult with the Texas
  Medical Disclosure Panel.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2050 was passed by the House on May 2,
  2019, by the following vote:  Yeas 141, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2050 on May 23, 2019, by the following vote:  Yeas 140, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2050 was passed by the Senate, with
  amendments, on May 19, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor