By: Paddie, Price (Senate Sponsor - Kolkhorst) H.B. No. 2050
         (In the Senate - Received from the House May 2, 2019;
  May 3, 2019, read first time and referred to Committee on Health &
  Human Services; May 16, 2019, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 16, 2019, sent to printer.)
Click here to see the committee vote
  relating to consent requirements for the prescription of certain
  psychoactive medications to residents of nursing facilities and
  related institutions.
         SECTION 1.  Section 242.505, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsections (c-1) and
  (c-2) 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) is presumed to satisfy the consent requirements
  of Subsection (c) and the disclosure requirements established by
  the Texas Medical Disclosure Panel in Sections 74.103 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.
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