86R24163 EAS-F
By: Paddie H.B. No. 2050
Substitute the following for H.B. No. 2050:
By: Klick C.S.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 Subsection (c-1) to
read as follows:
(c) Subject to Subsection (c-1), 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 (c-1), if applicable.
(c-1) In addition to the requirements of Subsection (c),
consent to the prescription of an antipsychotic or neuroleptic
medication is valid only if the consent to the prescription of that
medication is given in writing, on a form prescribed by the
department, by a resident or by a person authorized by law to
consent on behalf of the resident.
SECTION 2. This Act takes effect September 1, 2019.