New York State Assembly

 
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A05332 Summary:

A05332 Actions:

A05332 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:03/01/2017AYE/NAY:26/0  Action: Favorable refer to committee Codes        
Gottfried
Aye
Raia
Aye
Schimminger
Aye
McDonough
Aye
Galef
Aye
Ra
Aye
Dinowitz
Aye
Walter
Aye
Cahill
Aye
Garbarino
Aye
Paulin
Aye
Byrne
Aye
Cymbrowitz
Aye
Norris
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Lavine
Aye
Titone
Aye
Mayer
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye

Committee:CODES   Chair:Lentol      
DATE:03/07/2017AYE/NAY:20/1  Action: Favorable         
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Absent
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A05332 Floor Votes:

A05332 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5332--A
                                                                Cal. No. 381
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health -- passed by Assembly and delivered to the Senate,
          recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
          reprinted, retaining its place on the order of third reading

        AN ACT to amend the public health law, in relation to the use of psycho-
          tropic medications in nursing homes and adult care facilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  280-d to read as follows:
     3    §  280-d.  Use  of psychotropic medications in nursing homes and adult
     4  care facilities. 1. As used in this section:
     5    (a) "psychotropic medication" means a drug that affects  brain  activ-
     6  ities  associated with mental processes and behavior, including, but not
     7  limited to, antipsychotics, antidepressants, antianxiety drugs or anxio-
     8  lytics, and hypnotics;
     9    (b) "lawful representative" means, where a patient lacks  capacity  to
    10  consent  to health care, a person authorized to consent on behalf of the
    11  patient, including, but not limited to, a health care  agent  authorized
    12  by  a health care proxy under article twenty-nine-C of this chapter or a
    13  surrogate under article twenty-nine-CC of this chapter;
    14    (c) "increase" when used in relation to an order  for  a  psychotropic
    15  medication,  means  an increase of the dosage or duration of the medica-
    16  tion above the dosage  or  duration  covered  by  the  currently  active
    17  consent;
    18    (d)  "health  care  professional"  means  a  health care professional,
    19  licensed, certified or authorized to practice under title eight  of  the
    20  education  law,  acting  within his or her lawful scope of practice, who
    21  has authority to order a psychotropic medication; and
    22    (e) "patient" means an individual who is a resident of  a  residential
    23  health care facility as defined in article twenty-eight of this chapter,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02468-04-8
        A. 5332--A                          2
 
     1  or  an  adult  care facility certified under section four hundred sixty-
     2  one-b of the social services law.
     3    2.  (a)  An  order  for  a  psychotropic  medication shall include the
     4  dosage, frequency, and duration of the  order  which  shall  not  exceed
     5  fourteen  days.  A health care professional may not order or increase an
     6  order for a psychotropic medication for a patient unless the health care
     7  professional has obtained the written informed consent of the patient or
     8  the patient's lawful representative, or is acting pursuant to  an  order
     9  under  this  section,  or  is  acting  under  subdivision  three of this
    10  section. Where a patient lacks capacity to consent to  health  care  and
    11  lacks  a  lawful  representative, an order or increase of an order under
    12  this section shall be subject to subdivision four of section twenty-nine
    13  hundred ninety-four-g of this chapter as if the patient  were  an  inpa-
    14  tient of a general hospital. To constitute informed consent, the follow-
    15  ing disclosure shall be given to the patient or, where the patient lacks
    16  capacity to consent to health care, the patient's lawful representative,
    17  in a clear and explicit manner:
    18    (i)  the  reason for the medication, including the nature and serious-
    19  ness of the patient's illness, disorder or condition that the medication
    20  is intended to treat;
    21    (ii) the anticipated benefit from  the  medication,  and  the  dosage,
    22  frequency, and duration of the order;
    23    (iii)  the  probability  of  side effects and significant risks of the
    24  medication, including the nature, degree, and duration of  such  effects
    25  and reasonably known risks;
    26    (iv)  the reasonable alternative treatments to the proposed medication
    27  and the reason that the health care professional  prefers  the  proposed
    28  medication in this instance; and
    29    (v) that the patient or lawful representative has the right to consent
    30  or  refuse  consent to use of the proposed medication, and that if he or
    31  she consents, he or she has the right to revoke his or her  consent  for
    32  any  reason,  at  any  time,  including a description of how the consent
    33  shall be revoked.
    34    (b) The health care  professional  shall  document  in  the  patient's
    35  medical  record  the  date and time that the informed consent disclosure
    36  was provided, and to whom and by whom it was provided, and  include  the
    37  written consent.
    38    (c)  Where the patient's medical record notes that a family member has
    39  requested notification of medication orders, and  such  notification  is
    40  otherwise  lawful, the health care professional shall cause notice to be
    41  provided  within  forty-eight  hours  of  the  prescription,  order,  or
    42  increase  of  an  order  under  this  section.  Such notice shall not be
    43  provided if the patient specifically requests that the family member not
    44  be given notification.
    45    3. A health care professional is not required to obtain consent  under
    46  this  section to issue an order for use of a psychotropic medication for
    47  a patient where it is reasonably necessary in an  emergency  to  protect
    48  the  life,  health  or safety of the patient or another person. Where an
    49  order is made under this subdivision, the health care professional shall
    50  immediately record the use of the psychotropic  medication,  the  reason
    51  for  the use, and the dosage, in the patient's medical record; and shall
    52  promptly notify the patient or the patient's lawful  representative  who
    53  would  have had the authority to consent, and any family member required
    54  to be notified under this section and record such notifications  in  the
    55  patient's medical record.
        A. 5332--A                          3
 
     1    4.  This section does not increase the lawful scope of practice of any
     2  health care professional and does not diminish or impair any requirement
     3  for or regulation of consent to health care treatment.
     4    5. The commissioner may make regulations to implement this section.
     5    § 2. This act shall take effect on the one hundred eightieth day after
     6  it  shall  have  become a law; provided that, effective immediately, the
     7  commissioner of health is authorized to make regulations  and  take  any
     8  other  actions necessary to implement section 280-d of the public health
     9  law.