New York S 893: Relates to the use of psychotropic medications in nursing homes and adult care facilities

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S00893 Summary:

BILL NOS00893A

&nbsp

SAME ASSAME AS A01461-A

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRWEBB

&nbsp

MLTSPNSR

&nbsp

Add §280-e, Pub Health L

&nbsp

Relates to the use of antipsychotic medications in nursing homes; imposes limits as to time and documentation; requires informed consent under certain circumstances.

Go to top S00893 Actions:

BILL NOS00893A

&nbsp

01/08/2025REFERRED TO HEALTH

03/04/2025REPORTED AND COMMITTED TO AGING

05/07/2025AMEND AND RECOMMIT TO AGING

05/07/2025PRINT NUMBER 893A

01/07/2026REFERRED TO HEALTH

02/24/2026REPORTED AND COMMITTED TO AGING

Go to topS00893 Committee&nbspVotes:

Go to topS00893 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00893 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 893--A

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. SEPULVEDA, WEBB -- read twice and ordered printed,
 and when printed to be committed to the Committee on Health --
 reported favorably from said committee and committed to the Committee
 on Aging -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 AN ACT to amend the public health law, in relation to the use of psycho-
 tropic medications in nursing homes and adult care facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 280-e to read as follows:
 3 § 280-e. Use of antipsychotic medications in nursing homes. 1. As
 4 used in this section:
 5 (a) "lawful representative" means, where a resident lacks capacity to
 6 consent to health care, a person authorized to consent on behalf of the
 7 resident, including, but not limited to, a health care agent authorized
 8 by a health care proxy under article twenty-nine-C of this chapter or a
 9 surrogate under article twenty-nine-CC of this chapter; and
 10 (b) "health care professional" means a health care professional,
 11 licensed, certified or authorized to practice under title eight of the
 12 education law, acting within such health care professional's lawful
 13 scope of practice, who has authority to order an antipsychotic medica-
 14 tion.
 15 2. (a) A nursing home or a health care professional shall obtain the
 16 informed written consent of the resident or the resident's lawful repre-
 17 sentative, before initiating the administration of an antipsychotic
 18 medication for a resident, provided that informed written consent shall
 19 not be required in the case of:
 20 (i) a resident who has been prescribed an antipsychotic medication
 21 prior to an admission or readmission to the nursing home;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02250-07-5

 S. 893--A 2

 1 (ii) a resident who has provided informed written consent within the
 2 last twelve months;
 3 (iii) a resident receiving hospice care;
 4 (iv) a resident of a nursing home's certified behavioral unit;
 5 (v) a resident with a primary diagnosis of Huntington's disease; or
 6 (vi) an emergency as defined in subdivision three of this section.
 7 (b) Where a resident lacks capacity to consent to health care and
 8 lacks a lawful representative, a prescription under this section shall
 9 be subject to subdivision four of section twenty-nine hundred ninety-
 10 four-g of this chapter as if the resident were an inpatient of a general
 11 hospital. To constitute informed written consent, the following disclo-
 12 sure shall be given to the resident or, where the resident lacks capaci-
 13 ty to consent to health care, the resident's lawful representative, in a
 14 clear and explicit manner:
 15 (i) the reason for the medication, including the nature and serious-
 16 ness of the resident's illness, disorder or condition that the medica-
 17 tion is intended to treat;
 18 (ii) the anticipated benefit from the medication, and the dosage, and
 19 frequency;
 20 (iii) the probability of side effects and significant risks of the
 21 medication, including the nature, degree, and duration of such effects
 22 and reasonably known risks;
 23 (iv) the reasonable altern