Bill > H3265

This bill aims to enhance the regulation of psychotropic medications, which are drugs used to manage behavior, sleep disorders, mood stabilization, or treat psychiatric disorders and carry a boxed warning from the Food and Drug Administration (FDA) for off-label use. It mandates that healthcare providers prescribing these medications must notify the facility if the drug has an FDA boxed warning. Before administering a psychotropic medication, facilities must obtain written informed consent from the patient or their legal representative, defined as a court-appointed guardian or a designated legal surrogate. This consent process requires a specific form, developed by the Department of Public Health, detailing the medication's benefits, risks, administration method, side effects, alternatives, and previous treatments, and is valid for no more than three months. Consent can be withdrawn at any time. Exceptions to obtaining written consent exist in emergency situations where a patient or others are at imminent risk of serious harm, and a physician determines the medication is necessary before consent can be obtained. In such emergencies, oral consent is required, which is valid for two days, after which written consent is needed. If a patient is incapacitated and a legal representative cannot be reached after a good-faith effort, the medication can be administered for up to 48 hours before consent is obtained. The Department of Public Health is required to establish regulations for this section by April 1, 2016.