SENATE DOCKET, NO. 1972        FILED ON: 1/15/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 303

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to Psychotropic Medications..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 111 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 72Z the following section:-

 Section 72AA. 

SECTION 1. Definitions.

The following definitions shall apply;

“psychotropic medication” is a chemical substance that acts primarily upon the central nervous system where it alters brain function, resulting in temporary changes in perception, mood, consciousness and behavior;

SECTION 2. Every resident in a nursing home, rest home, or other long term care facility that is prescribed psychotropic medications, shall have the facility in which they reside, as well as the prescribing physician, first obtain informed consent from the resident, the resident’s health care proxy, and a court appointed Rogers guardian. 

The facility shall then keep on record a written consent form between the resident and the prescribing physician when prescribing psychotropic medications.

The secretary of elder affairs, shall promulgate further regulations to promote and protect the interests and well being of residents in nursing homes, rest homes, and long-term care facilities, including but not limited to timely notification to the resident and designated family member or legal representative of relevant changes in resident care, posting of care and communication standards in a clear and conspicuous manner, and process for distributing a copy of all applicable rules and regulations to the resident, designated family member or legal representative including a written acknowledgment of receipt.