Requiring informed consent before administration of psychotropic medication to a nursing home resident who has degenerative brain disorder

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law prescribes the situations and procedures under which a guardian may consent to the voluntary or involuntary administration of psychotropic medications to his or her ward. This bill requires that a nursing home obtain written informed consent before administering a psychotropic medication that contains a boxed warning to any resident who has degenerative brain disorder. A psychotropic medication is an antipsychotic, an antidepressant, lithium carbonate, or a tranquilizer. A boxed warning is a warning, described in the federal regulations, the text of which is contained in a black outlined box on the drug's label and in the full prescribing information.

Under the bill, the nursing home may obtain written informed consent using either a form created by the Department of Health Services or its own form that contains certain items, including: space for a description of the benefits of the proposed treatment and the way the medication will be administered; a description, using the most recently issued information from the federal Food and Drug Administration, of the side effects or risks of side effects of the medication and any warnings about the medication; spaces for a description of alternative medications and probable consequences of not receiving the medication; and a declaration that the resident or a person acting on behalf of the resident has been provided with the information and time to study the information or seek additional information concerning the medication. Either the resident or, if the resident is incapacitated, a person acting on behalf of the resident, may provide written informed consent. A nursing home is not required to obtain written informed consent if there is an emergency in which a resident, who is not under a court order for administration of psychotropic medication, is at significant risk of physical or emotional harm or puts others at significant risk of physical harm; if time and distance preclude obtaining written informed consent; and if a physician has determined that the resident or others will be harmed if treatment is not initiated. In such an emergency situation, the nursing home must obtain oral consent, enter the oral consent in the resident's medical record, and obtain written informed consent within ten days. If the nursing home is unable to contact a person acting on behalf of an incapacitated resident to obtain oral consent but has made a good faith effort to contact such a person, the nursing home may administer the psychotropic medication to the resident for up to 24 hours before it must obtain oral consent from the resident or a person acting on behalf of the resident.

Who's behind it

Jim Holperin, a Democrat, is its author⁠.

7 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DHS

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment SA1-SB609
• Amendment SA1-SA1-SB609
• LC Amendment Memo