Budget Amendment ID: FY2017-S4-579

EHS 579

Psychotropic Medications

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

“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 medications 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 consent, or when a  facility is not able to obtain an informed written consent prior to or at the time of admission to the facility, both situations shall be permitted to continue the use of any such prescribed psychotropic medications for up to and including three consecutive calendar days (including the day of admission) to permit such written informed consent to be obtained, and or(ii) when a physician determines that the resident poses an imminent threat of harm to himself or others, and there is no less intrusive alternative to antipsychotic drugs;  (iii)  when a physician determines that the resident needs to be medicated in order to avoid the immediate, substantial and irreversible deterioration of a serious mental illness, and (iv) in emergency situations, as defined by the Department of Public Health; provided, however, that in either   instance, a facility shall obtain 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, a documented gradual dose reduction plan shall be implemented to terminate the psychotropic medication"