86R3248 EAS-F
By: Paddie H.B. No. 2050
A BILL TO BE ENTITLED
AN ACT
relating to consent requirements for the prescription of certain
psychoactive medications to residents of nursing facilities and
related institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.505, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsections (g), (h),
and (i) to read as follows:
(c) Subject to Subsection (g), consent [Consent] to the
prescription of psychoactive medication given by a resident or by a
person authorized by law to consent on behalf of the resident is
valid only if:
(1) the consent is given voluntarily and without
coercive or undue influence;
(2) the person prescribing the medication or that
person's designee provided the following information, in a standard
format approved by the department, to the resident and, if
applicable, to the person authorized by law to consent on behalf of
the resident:
(A) the specific condition to be treated;
(B) the beneficial effects on that condition
expected from the medication;
(C) the probable clinically significant side
effects and risks associated with the medication; and
(D) the proposed course of the medication;
(3) the resident and, if appropriate, the person
authorized by law to consent on behalf of the resident are informed
in writing that consent may be revoked; and
(4) the consent is evidenced in the resident's
clinical record by:
(A) a signed form prescribed by the facility or
by a statement of the person prescribing the medication or that
person's designee that documents that consent was given by the
appropriate person and the circumstances under which the consent
was obtained; and
(B) the original or a copy of the written consent
required by Subsection (g), if applicable.
(g) In addition to the requirements of Subsection (c),
consent to the prescription of an antipsychotic or neuroleptic
medication is valid only if:
(1) the consent to the prescription of that medication
is given in writing by a resident or by a person authorized by law to
consent on behalf of the resident; and
(2) the person prescribing the medication or that
person's designee provides the information listed in Subsection
(h), in a standard format approved by the department, to the
resident and, if applicable, to the person authorized by law to
consent on behalf of the resident.
(h) The information required under Subsection (g)(2) must
include:
(1) the nature of the medication;
(2) the means of administering the medication,
including:
(A) the dosage;
(B) the administration schedule;
(C) the method of delivery; and
(D) the expected duration of administration;
(3) the right of the resident or a person authorized by
law to consent on behalf of the resident to refuse medication;
(4) the potential medical and clinical consequences of
refusing the medication; and
(5) an explanation of treatment alternatives and the
right of the resident or a person authorized by law to consent on
behalf of the resident to choose such treatments.
(i) In addition to other requirements of this section,
before administering an antipsychotic or neuroleptic medication,
the facility shall inform the resident or a person authorized to
consent on behalf of the resident about facility policies and
procedures relating to consent and, on request of the resident or
authorized person, shall make available a written copy of those
policies and procedures.
SECTION 2. This Act takes effect September 1, 2019.