H.B. No. 2050
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 (c-1),
(c-2), and (c-3) 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, or the facility's medical director 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
commission, by a resident or by a person authorized by law to
consent on behalf of the resident.
(c-2) Written consent provided by a resident or the
resident's legally authorized representative on the form described
by Subsection (c-1) satisfies the consent requirements of
Subsection (c).
(c-3) There is a rebuttable presumption that the written
consent provided by a resident or the resident's legally authorized
representative on the form described by Subsection (c-1) satisfies
the disclosure requirements established by the Texas Medical
Disclosure Panel in Sections 74.104 and 74.105, Civil Practice and
Remedies Code.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall develop the form required by Section
242.505(c-1), Health and Safety Code, as added by this Act. In
developing the form, the commission shall consult with the Texas
Medical Disclosure Panel.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2050 was passed by the House on May 2,
2019, by the following vote: Yeas 141, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2050 on May 23, 2019, by the following vote: Yeas 140, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2050 was passed by the Senate, with
amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor