assembly Bill A5332A

2017-2018 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 (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2018 committed to rules
returned to senate
repassed assembly
May 14, 2018 amended on third reading 5332a
May 14, 2018 vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Mar 20, 2018 referred to health
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.381
returned to assembly
died in senate
Mar 13, 2017 referred to health
delivered to senate
passed assembly
Mar 09, 2017 advanced to third reading cal.123
Mar 07, 2017 reported
Mar 01, 2017 reported referred to codes
Feb 08, 2017 referred to health

A5332 - Details

See Senate Version of this Bill:
S8752
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7351
2019-2020: A1033, S5441
2021-2022: A5841, S2103
2023-2024: S466

A5332 - Summary

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

A5332 - Bill Text download pdf


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

                                  5332

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2017
                               ___________

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-c to read as follows:
  § 280-C. 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.

A5332A (ACTIVE) - Details

See Senate Version of this Bill:
S8752
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7351
2019-2020: A1033, S5441
2021-2022: A5841, S2103
2023-2024: S466

A5332A (ACTIVE) - Summary

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

A5332A (ACTIVE) - Bill Text download pdf


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

                                 5332--A
                                                        Cal. No. 381

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2017
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health -- passed by Assembly and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  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-d to read as follows:
  §  280-D.  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