SB 2265

Abstract

Amends the Nursing Home Care Act. In provisions requiring the Department of Public Health to adopt a protocol specifying how informed consent for psychotropic medication may be obtained or refused that requires a discussion between the resident or the resident's surrogate decision maker and the resident's physician, a registered pharmacist, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department, (i) removes language prohibiting the registered pharmacist from being a dispensing pharmacist for the facility where the resident lives and (ii) specifies that a licensed nurse includes a licensed practical nurse. Provides that specified forms shall be designated (rather than developed) by the Department and may be able to be downloaded from a website designated by the Department (other than the Department's official website). Provides that the maximum possible period for informed consent shall be until a change in the prescription occurs as to the change in the type of psychotropic medication or an increase in dosage (rather than a change in dosage), unless the physician's order for which informed consent was given provides for an increase in dosage. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that each form designated or developed (rather than designated) by the Department of Public Health shall conform with specified requirements. Provides that the maximum possible period for informed consent shall be until a change in the prescription occurs as to the change in the type of psychotropic medication or an increase or decrease in dosage, dosage range, or titration schedule of the prescribed medication that was not included in the original informed consent (rather than the change in the type of psychotropic medication or an increase in dosage, unless the physician's order for which informed consent was given provides for an increase in dosage). Provides that when informed consent is not required for a change in dosage, the facility shall note in the resident's file that the resident was informed of the dosage change prior to the administration of the medication or that verbal, written, or electronic notice has been communicated to the resident's surrogate decision maker that a change in dosage has occurred. Effective immediately. House Floor Amendment No. 1 In provisions requiring that the protocol adopted by the Department of Public Health specifying how informed consent for psychotropic medication may be obtained or refused include a discussion between specified persons, removes language providing that a licensed nurse includes, but is not limited to, a licensed practical nurse. Provides that "licensed nurse" means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse.