SB 748

This bill requires a community-based residential facility to obtain a signed

acknowledgment form for administration of psychotropic medications in a similar

manner and for the same individuals as a nursing home is required to obtain

informed consent for administration of psychotropic medications under current law.

The bill also creates requirements for obtaining a signed acknowledgment form, for

residents who are prescribed medications while off the premises of a

community-based residential facility.

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. Current law also 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 federal regulations, the

text of which is contained in a black outlined box on the drug's label and in the full

prescribing information. 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 under current law to obtain written informed consent

if there is an emergency in which the 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 and

must obtain written 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 do so, 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. The bill imposes those same

requirements on community-based residential facilities, except instead of written

informed consent the bill requires a signed acknowledgment form from a resident of

a community-based residential facility. The bill requires that the acknowledgment

form acknowledges receipt of an informational form indicating that the resident has

been prescribed a medication that has a boxed warning and information from the

federal Food and Drug Administration for the specific psychotropic medication the

resident has been prescribed. The acknowledgment form also notifies the resident,

or person acting on behalf of the resident, that if he or she seeks more information

that he or she should contact the prescriber of the medication. The

community-based residential facility is required to include contact information for

the prescriber on the acknowledgment form.