HOUSE DOCKET, NO. 2520 FILED ON: 2/17/2021
HOUSE . . . . . . . . . . . . . . . No. 2070
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The Commonwealth of Massachusetts
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PRESENTED BY:
Gerard J. Cassidy
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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.
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PETITION OF:
Name: | District/Address: | Date Added: |
Gerard J. Cassidy | 9th Plymouth | 2/17/2021 |
HOUSE DOCKET, NO. 2520 FILED ON: 2/17/2021
HOUSE . . . . . . . . . . . . . . . No. 2070
By Mr. Cassidy of Brockton, a petition (accompanied by bill, House, No. 2070) of Gerard J. Cassidy relative to 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. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1702 OF 2019-2020.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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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 General Laws, as 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.