New York A 4296: Limits the off label use of antipsychotic drugs on elderly patients with dementia

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A04296 Summary:

BILL NOA04296 

&nbsp

SAME ASSAME AS S04380

&nbsp

SPONSORHyndman

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §280-d, Pub Health L; amd §6530, Ed L

&nbsp

Limits the off label use of antipsychotic drugs with black box warnings on elderly patients with dementia; provides for professional misconduct for any health care professional who uses such drug on such patient.

Go to top A04296 Actions:

BILL NOA04296 

&nbsp

02/04/2025referred to health

01/07/2026referred to health

Go to topA04296 Committee&nbspVotes:

Go to topA04296 Floor&nbspVotes:

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

Go to topA04296 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4296

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
 tee on Health

 AN ACT to amend the public health law, in relation to limiting the off
 label use of antipsychotic drugs with black box warnings on elderly
 patients with dementia; and to amend the education law, in relation to
 professional medical misconduct

 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-d to read as follows:
 3 § 280-d. Use of antipsychotic drugs on elderly patients with dementia.
 4 1. As used in this section:
 5 (a) "off label" means a medical practice in which a physician
 6 prescribes a drug for a different medical purpose than the one for which
 7 such drug is approved for;
 8 (b) "black box warning" means a warning issued by the federal Food and
 9 Drug Administration and placed on the package insert of a prescription
 10 drug that may be fatal or cause server side effects;
 11 (c) "chemical restraint" means when an antipsychotic drug that
 12 provides no medical benefit to a patient with dementia and is used to
 13 sedate such patient, control such patient's behavior or restrict such
 14 patient's movement;
 15 (d) "antipsychotic drug" means any typical or atypical antipsychotic
 16 drug that is intended to be used on patients with mental illness that
 17 require a black box warning and shall include but not be limited to the
 18 following:
 19 (i) Typical antipsychotic drugs: haloperidol, loxapine, thioridazine,
 20 molindone, thiothixene, fluphenazine, trifluoperazine, chlorpromazine,
 21 perphenazine, or promozide; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05835-01-5

 A. 4296 2

 1 (ii) Atypical antipsychotic drugs: aripiprazole, lumapeterone, clozar-
 2 il, iloperidone, ziprasidone, paliperidone, lurasidone, brexipiprazole,
 3 risperidone, asenapine, quetiapine, cariprazine, or olanzapine; and
 4 (e) "patient" means an elderly individual with dementia who is:
 5 (i) a resident of a residential health care facility as defined in
 6 article twenty-eight of this chapter or an adult care facility certified
 7 under section four hundred sixty-one-b of the social services law; or
 8 (ii) in the care of a hospital as defined in article twenty-eight of
 9 this chapter, a facility as defined in article twenty of this chapter or
 10 any other health care facility who care for individuals with dementia.
 11 2. No antipsychotic drug that contains a black box warning shall be
 12 used for an off label purpose on a patient known to have dementia or to
 13 chemically restrain a patient known to have dementia. An order for an
 14 antipsychotic drug may only be issued in an emergency situation and by a
 15 health care professional who specializes in dementia or is specifically
 16 trained in the treatment of dementia patients if such a patient is
 17 agitated and where it is reasonably necessary to protect the life,
 18 health or safety of the patient or another person. Where an order is
 19 made under this subdivision, the health care professional shall imme-
 20 diately record the use of the antipsychotic drug, the reason for the
 21 use, and the dosage, in the patient's medical record; and shall promptly
 22 notify the patient or the patient's lawful representative who would have
 23 had the authority to consent that such drug with a black box wa