BILL NUMBER: AB 894	CHAPTERED  06/29/00

	CHAPTER   46
	FILED WITH SECRETARY OF STATE   JUNE 29, 2000
	APPROVED BY GOVERNOR   JUNE 28, 2000
	PASSED THE ASSEMBLY   JUNE 19, 2000
	PASSED THE SENATE   JUNE 15, 2000
	AMENDED IN SENATE   APRIL 25, 2000
	AMENDED IN SENATE   APRIL 6, 2000
	AMENDED IN SENATE   MARCH 9, 2000
	AMENDED IN SENATE   FEBRUARY 9, 2000
	AMENDED IN ASSEMBLY   JANUARY 19, 2000
	AMENDED IN ASSEMBLY   MAY 25, 1999

INTRODUCED BY   Assembly Member Alquist
   (Coauthors:  Assembly Members Bock, Knox, Longville, and
Strom-Martin)
   (Coauthor:  Senator Speier)

                        FEBRUARY 25, 1999

   An act to add Section 1418.9 to the Health and Safety Code,
relating to physicians and surgeons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 894, Alquist.  Physicians and surgeons:  skilled nursing
facilities:  antipsychotic medication.
   Existing law prescribes certain procedures to be followed if the
attending physician and surgeon of a resident in a skilled nursing
facility or intermediate care facility prescribes or orders a medical
intervention that requires informed consent.
   This bill would provide that if the attending physician and
surgeon of a resident in a skilled nursing facility prescribes or
orders an antipsychotic medication, the physician and surgeon shall
obtain the informed consent of the resident for purposes of
prescribing, ordering, or increasing an order for the medication,
seek the consent of the resident to notify the resident's interested
family member, as designated in the medical record, and if the
resident consents to the notice, make reasonable attempts, either
personally or through a designee, to notify the interested family
member, as designated in the medical record, within 48 hours of the
prescription, order, or increase of an order.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1418.9 is added to the Health and Safety Code,
to read:
   1418.9.  (a) If the attending physician and surgeon of a resident
in a skilled nursing facility prescribes, orders, or increases an
order for an antipsychotic medication for the resident, the physician
and surgeon shall do both of the following:
   (1) Obtain the informed consent of the resident for purposes of
prescribing, ordering, or increasing an order for the medication.
   (2) Seek the consent of the resident to notify the resident's
interested family member, as designated in the medical record.  If
the resident consents to the notice, the physician and surgeon shall
make reasonable attempts, either personally or through a designee, to
notify the interested family member, as designated in the medical
record, within 48 hours of the prescription, order, or increase of an
order.
   (b) Notification of an interested family member is not required
under paragraph (2) of subdivision (a) if any of the following
circumstances exist:
   (1) There is no interested family member designated in the medical
record.
   (2) The resident has been diagnosed as terminally ill by his or
her physician and surgeon and is receiving hospice services from a
licensed, certified hospice agency in the facility.
   (3) The resident has not consented to the notification.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Resident" means a patient of a skilled nursing facility who
has the capacity to consent to make decisions concerning his or her
health care, including medications.
   (2) "Designee" means a person who has agreed with the physician
and surgeon to provide the notice required by this section.
   (3) "Antipsychotic medication" means a medication approved by the
United States Food and Drug Administration for the treatment of
psychosis.
   (4) "Increase of an order" means an increase of the dosage of the
medication above the dosage range stated in a prior consent from the
resident.
   (d) This section shall not be construed to require consent from an
interested family member for an attending physician and surgeon of a
resident to prescribe, order, or increase an order for antipsychotic
medication.