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. "
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