Code Section

Health and Safety Code - HSC


  ( Division 2 enacted by Stats. 1939, Ch. 60. )

CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.8]
  ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )


(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.

(Added by Stats. 2000, Ch. 46, Sec. 1. Effective January 1, 2001.)