Section 1418.9 Of Chapter 2.4. Quality Of Long-term Health Facilities From California Health And Safety Code >> Division 2. >> Chapter 2.4.
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.