Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020
referred to health
|May 01, 2019
referred to health
Senate Bill S5441
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Health Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S5441 (ACTIVE) - Details
2019-S5441 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5441 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the public health law, in relation to the use of psychotropic medications in nursing homes and adult care facilities PURPOSE OR GENERAL IDEA OF BILL: To require an enhanced level of informed consent before psychotropic medication can be prescribed for patients residing in nursing homes or adult care facilities. SUMMARY OF SPECIFIC PROVISIONS: Would add a new section 280-c to article 2-A of the Public Health Law to detail the information that must be provided before a health care professional may prescribe a psychotropic medication and require a writ- ten informed consent before the initial order, or before an increase in the dose or duration of an existing order. s.k 1 The bill accommodates the need of patients who lack capacity and have lawful representation by
2019-S5441 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5441 2019-2020 Regular Sessions I N S E N A T E May 1, 2019 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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-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, 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.
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