senate Bill S8752A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Health Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2018 print number 8752a
May 14, 2018 amend and recommit to health
May 10, 2018 referred to health

S8752 - Details

See Assembly Version of this Bill:
A5332A
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L

S8752 - Summary

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

S8752 - Bill Text download pdf


          

Co-Sponsors

S8752A (ACTIVE) - Details

See Assembly Version of this Bill:
A5332A
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L

S8752A (ACTIVE) - Summary

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

S8752A (ACTIVE) - Sponsor Memo

S8752A (ACTIVE) - Bill Text download pdf

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

                                 8752--A

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on Health -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:
  S 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,
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.
                                                           LBD02468-03-8

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