AB 48: Nursing Facility Resident Informed Consent Protection Act of 2023.

Existing law provides for the licensure and regulation of health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law requires skilled nursing facilities and intermediate care facilities to have written policies regarding the rights of patients.

This bill would add to these rights the right of every resident to receive the information that is material to an individuals informed consent decision concerning whether to accept or refuse the administration of psychotherapeutic drugs, as specified. This bill would also add the right to be free from psychotherapeutic drugs used for the purpose of resident discipline or convenience, or from psychotherapeutic drugs used as a chemical restraint except in an emergency, as specified. Under the bill, all residents of skilled nursing facilities, intermediate care facilities, and hospice facilities would have the right to appeal an involuntary transfer or discharge through the appeal process, as specified, regardless of a residents payment source or the Medi-Cal or Medicare certification status of the facility in which the resident resides.

The bill would make the prescriber responsible for disclosing the material information relating to psychotherapeutic drugs to the resident and obtaining their informed consent, as defined. The bill would require facility staff to verify that a residents health record contains a signed, written consent form before initiating treatment with psychotherapeutic drugs, except as specified. The bill would require the facility, within 6 months after the consent form is signed, and every 6 months thereafter, to provide a written notice to the resident and their representative of any recommended dosage adjustments and the residents right to revoke consent, as specified. The bill would permit the use of remote technology, including telehealth, to allow a prescriber to examine and obtain informed written consent.

The bill would declare the willful or repeated violation of these provisions to be punishable as a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program.

The bill would require the State Department of Public Health, in consultation with interested stakeholders, to develop a standardized informed consent form. The bill would require the informed consent form to be available to skilled nursing facilities and intermediate care facilities by December 31, 2025, and would exempt the facilities from including the written consent form in the residents health record until the informed consent form is available. Under the bill, the above-described provisions would be inapplicable to an individual under the care of the State Department of State Hospitals.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.