| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
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 (g), (h), |
|
|
and (i) to read as follows: |
|
|
(c) Subject to Subsection (g), 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 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 (g), if applicable. |
|
|
(g) In addition to the requirements of Subsection (c), |
|
|
consent to the prescription of an antipsychotic or neuroleptic |
|
|
medication is valid only if: |
|
|
(1) the consent to the prescription of that medication |
|
|
is given in writing by a resident or by a person authorized by law to |
|
|
consent on behalf of the resident; and |
|
|
(2) the person prescribing the medication or that |
|
|
person's designee provides the information listed in Subsection |
|
|
(h), 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. |
|
|
(h) The information required under Subsection (g)(2) must |
|
|
include: |
|
|
(1) the nature of the medication; |
|
|
(2) the means of administering the medication, |
|
|
including: |
|
|
(A) the dosage; |
|
|
(B) the administration schedule; |
|
|
(C) the method of delivery; and |
|
|
(D) the expected duration of administration; |
|
|
(3) the right of the resident or a person authorized by |
|
|
law to consent on behalf of the resident to refuse medication; |
|
|
(4) the potential medical and clinical consequences of |
|
|
refusing the medication; and |
|
|
(5) an explanation of treatment alternatives and the |
|
|
right of the resident or a person authorized by law to consent on |
|
|
behalf of the resident to choose such treatments. |
|
|
(i) In addition to other requirements of this section, |
|
|
before administering an antipsychotic or neuroleptic medication, |
|
|
the facility shall inform the resident or a person authorized to |
|
|
consent on behalf of the resident about facility policies and |
|
|
procedures relating to consent and, on request of the resident or |
|
|
authorized person, shall make available a written copy of those |
|
|
policies and procedures. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |