HBA-AMW S.B. 355 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 355
By: Lindsay
Human Services
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law contains provisions that govern informed consent to
psychoactive drugs for individuals in inpatient psychiatric settings, but
the provisions do not apply to residents of nursing homes.  Senate Bill 355
extends informed consent law regarding the prescription of psychoactive
medication to residents of nursing homes.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 355 amends the Health and Safety Code to add to the statement
of the rights of a resident of a nursing or convalescent home or related
institution (institution) required to be adopted by rule by the Texas
Department of Human Services the right to receive information about
prescribed psychoactive medication (medication) from a treating physician
and pharmacist, the right to have any medications prescribed and
administered in a responsible manner, and the right to refuse to consent to
the prescription of medications.  The bill also adds to the statement the
right to have a physician explain reasonably expected effects, side
effects, and risks associated with medications. 

The bill prohibits a person from administering a medication to a resident
who does not consent to the prescription unless the resident is having a
medication-related emergency or the person authorized by law to consent on
behalf of the resident has consented to the prescription.  The bill sets
forth provisions regarding the validity of such consent.   

The bill requires a resident's refusal to consent to receive medication to
be documented in the resident's clinical record.  If a physician prescribes
medication to a resident without the resident's consent because the
resident is having a medication-related emergency, the bill requires the
physician to document in the resident's clinical record in specific medical
or behavioral terms the necessity of the order and requires treatment of
the resident with the medication to be provided in the manner, consistent
with clinically appropriate medical care, least restrictive of the
resident's personal liberty. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.