SENATE DOCKET, NO. 49 FILED ON: 1/11/2021
SENATE . . . . . . . . . . . . . . No. 1281
|
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Diana DiZoglio
_________________
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: |
Diana DiZoglio | First Essex |
SENATE DOCKET, NO. 49 FILED ON: 1/11/2021
SENATE . . . . . . . . . . . . . . No. 1281
By Ms. DiZoglio, a petition (accompanied by bill, Senate, No. 1281) of Diana DiZoglio for legislation 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 SENATE, NO. 1142 OF 2019-2020.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
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:
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."