HOUSE DOCKET, NO. 3242        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3204

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Gerard Cassidy

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to psychotropic medication.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Gerard Cassidy

9th Plymouth

1/20/2017

Michelle M. DuBois

10th Plymouth

 


HOUSE DOCKET, NO. 3242        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3204

By Mr. Cassidy of Brockton, a petition (accompanied by bill, House, No. 3204) of Gerard Cassidy and Michelle M. DuBois relative administering scheduled psychotropic medications without prior written consent at nursing homes, rest homes or other long-term care facilities.  Mental Health, Substance Use and Recovery.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to psychotropic medication.

 

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

Section 140 of Chapter 165 of the Massachusetts General Laws as so appearing in the 2014 Official Edition is hereby amended:

d) Notwithstanding subsections (b) and (c) a facility may administer a scheduled  psychotropic medication without prior written informed consent in the following instances, (i) in the case of an admission of a resident to a facility from an inpatient hospital  in which the resident had been prescribed and was receiving psychotropic medications pursuant  to a valid informed consent, or when a  facility is not able to obtain an informed consent in writing prior to or at the time of admission to the facility or (ii) in emergency situations, as defined by the Department of Public Health; or  (iii) in the case of residents on hospice care who need the immediate administration of psychotropic medication to prevent extreme distress, discomfort and /or pain;  provided, however, that in instances in (i) or (ii), a facility shall obtain verbal informed consent prior to administration, and written informed consent as soon as practicable, but no later than 3 consecutive calendar days, following administration of a scheduled psychotropic medication. If written informed consent cannot be obtained within the three-day period the dosage shall be reduced in a clinically appropriate manner and documented to terminate the psychotropic medication.  "