Bill Text: TX HB2050 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to consent requirements for the prescription of certain psychoactive medications to residents of nursing facilities and related institutions.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2050 Detail]
Download: Texas-2019-HB2050-Enrolled.html
H.B. No. 2050 |
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relating to consent requirements for the prescription of certain | ||
psychoactive medications to residents of nursing facilities and | ||
related institutions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 242.505, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsections (c-1), | ||
(c-2), and (c-3) to read as follows: | ||
(c) Subject to Subsection (c-1), consent [ |
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prescription of psychoactive medication given by a resident or by a | ||
person authorized by law to consent on behalf of the resident is | ||
valid only if: | ||
(1) the consent is given voluntarily and without | ||
coercive or undue influence; | ||
(2) the person prescribing the medication, [ |
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person's designee, or the facility's medical director provided the | ||
following information, in a standard format approved by the | ||
department, to the resident and, if applicable, to the person | ||
authorized by law to consent on behalf of the resident: | ||
(A) the specific condition to be treated; | ||
(B) the beneficial effects on that condition | ||
expected from the medication; | ||
(C) the probable clinically significant side | ||
effects and risks associated with the medication; and | ||
(D) the proposed course of the medication; | ||
(3) the resident and, if appropriate, the person | ||
authorized by law to consent on behalf of the resident are informed | ||
in writing that consent may be revoked; and | ||
(4) the consent is evidenced in the resident's | ||
clinical record by: | ||
(A) a signed form prescribed by the facility or | ||
by a statement of the person prescribing the medication or that | ||
person's designee that documents that consent was given by the | ||
appropriate person and the circumstances under which the consent | ||
was obtained; and | ||
(B) the original or a copy of the written consent | ||
required by Subsection (c-1), if applicable. | ||
(c-1) In addition to the requirements of Subsection (c), | ||
consent to the prescription of an antipsychotic or neuroleptic | ||
medication is valid only if the consent to the prescription of that | ||
medication is given in writing, on a form prescribed by the | ||
commission, by a resident or by a person authorized by law to | ||
consent on behalf of the resident. | ||
(c-2) Written consent provided by a resident or the | ||
resident's legally authorized representative on the form described | ||
by Subsection (c-1) satisfies the consent requirements of | ||
Subsection (c). | ||
(c-3) There is a rebuttable presumption that the written | ||
consent provided by a resident or the resident's legally authorized | ||
representative on the form described by Subsection (c-1) satisfies | ||
the disclosure requirements established by the Texas Medical | ||
Disclosure Panel in Sections 74.104 and 74.105, Civil Practice and | ||
Remedies Code. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall develop the form required by Section | ||
242.505(c-1), Health and Safety Code, as added by this Act. In | ||
developing the form, the commission shall consult with the Texas | ||
Medical Disclosure Panel. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2050 was passed by the House on May 2, | ||
2019, by the following vote: Yeas 141, Nays 2, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2050 on May 23, 2019, by the following vote: Yeas 140, Nays 0, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2050 was passed by the Senate, with | ||
amendments, on May 19, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |