Budget Amendment ID: FY2015-S4-878-R1

Redraft EHS 878

Psychotropic Medications

Ms. O'Connor Ives moved that the proposed new text be amended moved that the bill be amended by inserting after section 59 the following section:-

“SECTION 59A. Chapter 111 of the General Laws, as appearing in the 2012 Official  Edition, is hereby amended by inserting after section 72AA the following section:-

Section 72BB.  (a) For the purposes of this section the term “facility” shall mean a nursing home, rest home or other long term care facility.

(b) The department shall establish a schedule of psychotropic medications that shall not be administered to a resident by a facility without informed written consent.

(c) Prior to administering psychotropic medication listed on the schedule created under subsection (b) a facility shall obtain the informed written consent of the resident, the resident’s health care proxy or the resident’s guardian. Informed written consent shall be obtained on a form approved by the department, which shall include, at a minimum, the following information: (i) the purpose for administering the listed psychotropic drug; (ii) the prescribed dosage; and (iii) any known effect or side effect of the psychotropic medication. The written consent form shall be kept in the resident’s medical record.”; and

by inserting after section 125 the following section:-

“SECTION 125A. The department of public health shall adopt regulations to implement section 72BB of chapter 111 of the General Laws prior to January 1, 2015.”; and

by inserting after section 131 the following section:-

“SECTION 131A. Section 59A shall take effect January 1, 2015.”