Bill > S369

This bill requires that before a resident in a nursing home, rest home, or other long-term care facility can be prescribed or administered psychotropic medications—which are defined as drugs used for purposes like treating psychosis, depression, mania, anxiety, or behavioral issues, as listed in authoritative medical references—informed written consent must be obtained. This consent needs to come from the resident, their designated health care proxy (someone legally authorized to make healthcare decisions for them), and their designated contact person. If a resident is deemed incompetent and lacks a health care proxy or designated contact, a court must appoint a Rogers guardian to provide consent. The prescribing physician is mandated to discuss the medication, including its risks, with the resident and the consenting parties at the time of prescription, and both this discussion and the written consent form, which details potential side effects, must be documented and signed by all relevant parties. Facilities that violate these informed consent requirements, or federal regulations on the matter, will face additional penalties, including needing signatures from two licensed healthcare professionals on all future informed consent forms for psychotropic medications, certifying their personal knowledge that the consent process was compliant.