Senate Bill S893

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  893--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. SEPULVEDA, WEBB -- read twice and ordered printed,
   and when printed to  be  committed  to  the  Committee  on  Health  --
   reported  favorably from said committee and committed to the Committee
   on Aging -- 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-e to read as follows:
   §  280-E.  USE  OF  ANTIPSYCHOTIC MEDICATIONS IN NURSING HOMES.  1. AS
 USED IN THIS SECTION:
   (A) "LAWFUL REPRESENTATIVE" MEANS, WHERE A RESIDENT LACKS CAPACITY  TO
 CONSENT  TO HEALTH CARE, A PERSON AUTHORIZED TO CONSENT ON BEHALF OF THE
 RESIDENT, 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; AND
   (B) "HEALTH CARE  PROFESSIONAL"  MEANS  A  HEALTH  CARE  PROFESSIONAL,
 LICENSED,  CERTIFIED  OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
 EDUCATION LAW, ACTING WITHIN  SUCH  HEALTH  CARE  PROFESSIONAL'S  LAWFUL
 SCOPE  OF  PRACTICE, WHO HAS AUTHORITY TO ORDER AN ANTIPSYCHOTIC MEDICA-
 TION.
   2. (A) A NURSING HOME OR A HEALTH CARE PROFESSIONAL SHALL  OBTAIN  THE
 INFORMED WRITTEN CONSENT OF THE RESIDENT OR THE RESIDENT'S LAWFUL REPRE-
 SENTATIVE,  BEFORE  INITIATING  THE  ADMINISTRATION  OF AN ANTIPSYCHOTIC
 MEDICATION FOR A RESIDENT, PROVIDED THAT INFORMED WRITTEN CONSENT  SHALL
 NOT BE REQUIRED IN THE CASE OF:
   (I)  A  RESIDENT  WHO  HAS BEEN PRESCRIBED AN ANTIPSYCHOTIC MEDICATION
 PRIOR TO AN ADMISSION OR READMISSION TO THE NURSING HOME;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02250-07-5
 S. 893--A                           2
 
   (II) A RESIDENT WHO HAS PROVIDED INFORMED WRITTEN CONSENT  WITHIN  THE
 LAST TWELVE MONTHS;
   (III) A RESIDENT RECEIVING HOSPICE CARE;
   (IV) A RESIDENT OF A NURSING HOME'S CERTIFIED BEHAVIORAL UNIT;
   (V) A RESIDENT WITH A PRIMARY DIAGNOSIS OF HUNTINGTON'S DISEASE; OR
   (VI) AN EMERGENCY AS DEFINED IN SUBDIVISION THREE OF THIS SECTION.
   (B)  WHERE  A  RESIDENT  LACKS  CAPACITY TO CONSENT TO HEALTH CARE AND
 LACKS A LAWFUL REPRESENTATIVE, A PRESCRIPTION UNDER THIS  SECTION  SHALL
 BE  SUBJECT  TO  SUBDIVISION FOUR OF SECTION TWENTY-NINE HUNDRED NINETY-
 FOUR-G OF THIS CHAPTER AS IF THE RESIDENT WERE AN INPATIENT OF A GENERAL
 HOSPITAL. TO CONSTITUTE INFORMED WRITTEN CONSENT, THE FOLLOWING  DISCLO-
 SURE SHALL BE GIVEN TO THE RESIDENT OR, WHERE THE RESIDENT LACKS CAPACI-
 TY TO CONSENT TO HEALTH CARE, THE RESIDENT'S LAWFUL REPRESENTATIVE, IN A
 CLEAR AND EXPLICIT MANNER:
   (I)  THE  REASON FOR THE MEDICATION, INCLUDING THE NATURE AND SERIOUS-
 NESS OF THE RESIDENT'S ILLNESS, DISORDER OR CONDITION THAT  THE  MEDICA-
 TION IS INTENDED TO TREAT;
   (II)  THE ANTICIPATED BENEFIT FROM THE MEDICATION, AND THE DOSAGE, AND
 FREQUENCY;
   (III) THE PROBABILITY OF SIDE EFFECTS AND  SIGNIFICANT  RISKS  OF  THE
 MEDICATION,  INCLUDING  THE NATURE, DEGREE, AND DURATION OF SUCH EFFECTS
 AND REASONABLY KNOWN RISKS;
   (IV) THE REASONABLE ALTERNATIVE TREATMENTS TO THE PROPOSED  MEDICATION
 AND THE REASON THAT THE PRESCRIBING HEALTH CARE PROFESSIONAL PREFERS THE
 PROPOSED MEDICATION IN THIS INSTANCE; AND
   (V)  THAT  THE  RESIDENT  OR  LAWFUL  REPRESENTATIVE  HAS THE RIGHT TO
 CONSENT OR REFUSE CONSENT TO USE OF THE PROPOSED MEDICATION, AND THAT IF
 SUCH RESIDENT OR LAWFUL REPRESENTATIVE CONSENTS, SUCH RESIDENT OR LAWFUL
 REPRESENTATIVE HAS THE RIGHT TO REVOKE SUCH RESIDENT'S OR LAWFUL  REPRE-
 SENTATIVE'S CONSENT FOR ANY REASON, AT ANY TIME, INCLUDING A DESCRIPTION
 OF HOW THE CONSENT SHALL BE REVOKED.
   (C)  THE  HEALTH  CARE  PROFESSIONAL  SHALL DOCUMENT IN THE RESIDENT'S
 MEDICAL RECORD THE DATE AND  TIME  THAT  THE  INFORMED  WRITTEN  CONSENT
 DISCLOSURE WAS PROVIDED, AND TO WHOM AND BY WHOM IT WAS PROVIDED.
   (D) WHERE THE RESIDENT'S MEDICAL RECORD NOTES THAT A FAMILY MEMBER HAS
 REQUESTED  NOTIFICATION  OF MEDICATION ORDERS OR PRESCRIPTIONS, AND SUCH
 NOTIFICATION IS OTHERWISE LAWFUL, THE  HEALTH  CARE  PROFESSIONAL  SHALL
 CAUSE  NOTICE TO BE PROVIDED WITHIN FORTY-EIGHT HOURS OF THE ORDER UNDER
 THIS SECTION. SUCH NOTICE SHALL NOT BE PROVIDED IF THE RESIDENT  SPECIF-
 ICALLY REQUESTS THAT THE FAMILY MEMBER NOT BE GIVEN NOTIFICATION.
   3. A NURSING HOME AND A HEALTH CARE PROFESSIONAL SHALL NOT BE REQUIRED
 TO  OBTAIN  CONSENT  UNDER  THIS SECTION TO ISSUE AN ORDER FOR USE OF AN
 ANTIPSYCHOTIC MEDICATION FOR A RESIDENT IN A NURSING HOME  WHERE  IT  IS
 NECESSARY  IN AN EMERGENCY TO PROTECT AGAINST AN IMMEDIATE THREAT TO THE
 LIFE, HEALTH OR SAFETY OF THE RESIDENT OR ANOTHER PERSON.   THE  MEDICA-
 TION  MUST  BE  THE  MOST  APPROPRIATE  AVAILABLE MEANS OF REDUCING THAT
 THREAT, WITH THE LEAST RISK OF HARM CONSIDERING THE RESIDENT'S CONDITION
 OR DISORDER. THE ORDER SHALL ONLY APPLY,  IN  THE  ABSENCE  OF  CONSENT,
 DURING THE EMERGENCY. WHERE AN ORDER IS MADE UNDER THIS SUBDIVISION, THE
 HEALTH  CARE  PROFESSIONAL SHALL IMMEDIATELY RECORD THE USE OF THE ANTI-
 PSYCHOTIC MEDICATION, THE REASON FOR THE USE, AND  THE  DOSAGE,  IN  THE
 RESIDENT'S MEDICAL RECORD; AND SHALL PROMPTLY NOTIFY THE RESIDENT OR THE
 RESIDENT'S  LAWFUL  REPRESENTATIVE  WHO  WOULD HAVE HAD THE AUTHORITY TO
 CONSENT, AND ANY FAMILY  MEMBER  REQUIRED  TO  BE  NOTIFIED  UNDER  THIS
 SECTION AND RECORD SUCH NOTIFICATIONS IN THE RESIDENT'S MEDICAL RECORD.
 S. 893--A                           3
 
   4.  THIS SECTION DOES NOT INCREASE THE LAWFUL SCOPE OF PRACTICE OF ANY
 HEALTH CARE PROFESSIONAL AND DOES NOT DIMINISH OR IMPAIR ANY REQUIREMENT
 FOR OR REGULATION OF CONSENT TO HEALTH CARE TREATMENT.
   5. THE COMMISSIONER MAY MAKE REGULATIONS TO IMPLEMENT THIS SECTION.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.