Assembly Bill A5332

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 - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-A5332 - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §280-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7351
2019-2020: A1033
2021-2022: A5841
2023-2024: A7467

2017-A5332 - Summary

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

2017-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.
              

2017-A5332A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §280-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7351
2019-2020: A1033
2021-2022: A5841
2023-2024: A7467

2017-A5332A (ACTIVE) - Summary

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

2017-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
              

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