assembly Bill A7351A

2015-2016 Legislative Session

Relates to the use of psychotropic medications in nursing homes and adult care facilities

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 05, 2016 referred to health
delivered to senate
passed assembly
Mar 29, 2016 amended on third reading 7351a
Jan 06, 2016 ordered to third reading cal.282
returned to assembly
died in senate
Jun 16, 2015 referred to rules
delivered to senate
passed assembly
Jun 15, 2015 ordered to third reading rules cal.386
rules report cal.386
reported
Jun 10, 2015 reported referred to rules
May 19, 2015 reported referred to codes
May 06, 2015 referred to health

A7351 - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §280-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5332
2019-2020: A1033

A7351 - Summary

Relates to the use of psychotropic medications in nursing homes and adult care facilities.

A7351 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7351

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to the use of psycho-
  tropic medications in nursing homes and adult care facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
280-a to read as follows:
  S 280-A. USE OF PSYCHOTROPIC MEDICATIONS IN NURSING  HOMES  AND  ADULT
CARE FACILITIES. 1. AS USED IN THIS SECTION:
  (A)  "PSYCHOTROPIC  MEDICATION" MEANS A DRUG THAT AFFECTS BRAIN ACTIV-
ITIES ASSOCIATED WITH MENTAL PROCESSES AND BEHAVIOR, INCLUDING, BUT  NOT
LIMITED TO, ANTIPSYCHOTICS, ANTIDEPRESSANTS, ANTIANXIETY DRUGS OR ANXIO-
LYTICS, AND HYPNOTICS;
  (B)  "LAWFUL  REPRESENTATIVE" MEANS, WHERE A PATIENT LACKS CAPACITY TO
CONSENT TO HEALTH CARE, A PERSON AUTHORIZED TO CONSENT ON BEHALF OF  THE
PATIENT,  INCLUDING,  BUT NOT LIMITED TO, A HEALTH CARE AGENT AUTHORIZED
BY A HEALTH CARE PROXY UNDER ARTICLE TWENTY-NINE-C OF THIS CHAPTER OR  A
SURROGATE UNDER ARTICLE TWENTY-NINE-CC OF THIS CHAPTER;
  (C)  "INCREASE"  WHEN  USED IN RELATION TO AN ORDER FOR A PSYCHOTROPIC
MEDICATION, MEANS AN INCREASE OF THE DOSAGE OR DURATION OF  THE  MEDICA-
TION  ABOVE  THE  DOSAGE  OR  DURATION  COVERED  BY THE CURRENTLY ACTIVE
CONSENT;
  (D) "HEALTH CARE  PROFESSIONAL"  MEANS  A  HEALTH  CARE  PROFESSIONAL,
LICENSED,  CERTIFIED  OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE  OF  PRACTICE,  WHO
HAS AUTHORITY TO ORDER A PSYCHOTROPIC MEDICATION; AND
  (E)  "PATIENT"  MEANS AN INDIVIDUAL WHO IS A RESIDENT OF A RESIDENTIAL
HEALTH CARE FACILITY AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER,
OR  AN  ADULT  CARE  FACILITY  CERTIFIED  UNDER  SECTION  FOUR   HUNDRED
SIXTY-ONE-B OF THE SOCIAL SERVICES LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10759-01-5

A7351A (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §280-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5332
2019-2020: A1033

A7351A (ACTIVE) - Summary

Relates to the use of psychotropic medications in nursing homes and adult care facilities.

A7351A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7351--A
                                                        Cal. No. 282

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health --  advanced  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the public health law, in relation to the use of psycho-
  tropic medications in nursing homes and adult care facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
280-b to read as follows:
  S  280-B.  USE  OF PSYCHOTROPIC MEDICATIONS IN NURSING HOMES AND ADULT
CARE FACILITIES. 1. AS USED IN THIS SECTION:
  (A) "PSYCHOTROPIC MEDICATION" MEANS A DRUG THAT AFFECTS  BRAIN  ACTIV-
ITIES  ASSOCIATED WITH MENTAL PROCESSES AND BEHAVIOR, INCLUDING, BUT NOT
LIMITED TO, ANTIPSYCHOTICS, ANTIDEPRESSANTS, ANTIANXIETY DRUGS OR ANXIO-
LYTICS, AND HYPNOTICS;
  (B) "LAWFUL REPRESENTATIVE" MEANS, WHERE A PATIENT LACKS  CAPACITY  TO
CONSENT  TO HEALTH CARE, A PERSON AUTHORIZED TO CONSENT ON BEHALF OF THE
PATIENT, INCLUDING, BUT NOT LIMITED TO, A HEALTH CARE  AGENT  AUTHORIZED
BY  A HEALTH CARE PROXY UNDER ARTICLE TWENTY-NINE-C OF THIS CHAPTER OR A
SURROGATE UNDER ARTICLE TWENTY-NINE-CC OF THIS CHAPTER;
  (C) "INCREASE" WHEN USED IN RELATION TO AN ORDER  FOR  A  PSYCHOTROPIC
MEDICATION,  MEANS  AN INCREASE OF THE DOSAGE OR DURATION OF THE MEDICA-
TION ABOVE THE DOSAGE  OR  DURATION  COVERED  BY  THE  CURRENTLY  ACTIVE
CONSENT;
  (D)  "HEALTH  CARE  PROFESSIONAL"  MEANS  A  HEALTH CARE PROFESSIONAL,
LICENSED, CERTIFIED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT  OF  THE
EDUCATION  LAW,  ACTING  WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, WHO
HAS AUTHORITY TO ORDER A PSYCHOTROPIC MEDICATION; AND
  (E) "PATIENT" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF  A  RESIDENTIAL
HEALTH CARE FACILITY AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10759-02-6

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