SB748: Bill Text

SB748,6 Section 6. 50.08 (3) (cm) of the statutes is amended to read:

SB748,5,2 50.08 (3) (cm) If a health care agent is acting on behalf of a resident, the health care agent shall give informed consent or sign an acknowledgment form in accordance with the desires of the resident as expressed in the power of attorney for health care instrument under ch. 155 or, if the resident's desires are unknown, in accordance with s. 155.20 (5).

SB748,7 Section 7. 50.08 (3) (d) of the statutes is amended to read:

SB748,5,7 50.08 (3) (d) Upon request, the nursing home or community-based residential facility shall give the resident, or a person acting on behalf of the resident, a copy of the completed informed consent form described under par. (a) or acknowledgment form described under par. (bg).

SB748,8 Section 8. 50.08 (3) (e) of the statutes is amended to read:

SB748,5,13 50.08 (3) (e) Unless consent or acknowledgment is withdrawn sooner, written informed consent or a signed acknowledgment obtained under this subsection is valid for the period specified on the informed consent form or acknowledgment form but not for longer than 15 months from the date the resident, or a person acting on behalf of the resident, signed the form.

SB748,9 Section 9. 50.08 (3) (f) of the statutes is amended to read:

SB748,5,16 50.08 (3) (f) A resident, or a person acting on behalf of the resident, may withdraw consent or acknowledgment, in writing, at any time.

SB748,10 Section 10. 50.08 (3) (fm) (intro.) of the statutes is amended to read:

SB748,5,21 50.08 (3) (fm) (intro.) At the time a resident, or a person acting on behalf of the resident, signs the informed consent form or acknowledgment form, the nursing home or community-based residential facility shall orally inform the resident, or the person acting on behalf of the resident, of all of the following:

SB748,11 Section 11. 50.08 (3) (fm) 1. of the statutes is amended to read:

SB748,5,24 50.08 (3) (fm) 1. That the resident, or the person on behalf of the resident, may withdraw consent or acknowledgment, in writing, at any time.

SB748,12 Section 12. 50.08 (3) (fm) 2. of the statutes is amended to read:

SB748,6,5 50.08 (3) (fm) 2. That, unless consent or acknowledgment is withdrawn sooner, the informed consent or acknowledgment is valid for the period specified on the informed consent form or acknowledgment form or for 15 months from the date on which the resident, or the person acting on behalf of the resident, signs the form, whichever is shorter.

SB748,13 Section 13. 50.08 (3) (g) of the statutes is amended to read:

SB748,6,9 50.08 (3) (g) No person may retaliate against or threaten to retaliate against a resident or person acting on behalf of a resident for refusing to provide or withdrawing consent or acknowledgment.

SB748,14 Section 14. 50.08 (3) (h) of the statutes is renumbered 50.08 (3) (h) 1.

SB748,15 Section 15. 50.08 (3) (h) 2. of the statutes is created to read:

SB748,6,14 50.08 (3) (h) 2. The community-based residential facility shall use the most current information available from the federal food and drug administration under par. (bh) 1. b.

SB748,16 Section 16. 50.08 (3m) of the statutes is renumbered 50.08 (3m) (a) and amended to read:

SB748,6,22 50.08 (3m) (a) A Except as provided in par. (b), a nursing home or community-based residential facility is not required to obtain written informed consent or a signed acknowledgment form before administering a psychotropic medication to a resident under sub. (3) if the prescription for the psychotropic medication is written or reauthorized while the resident is off of the nursing home's premises of the nursing home or community-based residential facility.

SB748,17 Section 17. 50.08 (3m) (b) of the statutes is created to read:

SB748,7,7 50.08 (3m) (b) If the prescription for the psychotropic medication is written or reauthorized while a resident of a community-based residential facility is off of the premises of the community-based residential facility and if the community-based residential facility has not previously obtained a signed acknowledgment form for administration of that psychotropic medication to that resident, the community-based residential facility shall obtain a signed acknowledgment form under sub. (3) within 72 hours after first administering that psychotropic medication to that resident before continuing to administer that psychotropic medication to that resident.

SB748,18 Section 18. 50.08 (4) (a) (intro.) of the statutes is amended to read:

SB748,7,12 50.08 (4) (a) (intro.) A nursing home or community-based residential facility is not required to obtain written informed consent or a signed acknowledgment form before administering a psychotropic medication to a resident under sub. (3) if all of the following apply:

SB748,19 Section 19. 50.08 (4) (a) 2. of the statutes is amended to read:

SB748,7,17 50.08 (4) (a) 2. There is an emergency in which a resident is at significant risk of physical or emotional harm or the resident puts others at significant risk of physical harm and in which time and distance preclude obtaining written informed consent or a signed acknowledgment before administering psychotropic medication.

SB748,20 Section 20. 50.08 (4) (a) 3. of the statutes is amended to read:

SB748,7,21 50.08 (4) (a) 3. A physician has determined that the resident or others will be harmed if the psychotropic medication is not administered before written informed consent or a signed acknowledgment form is obtained.

SB748,21 Section 21. 50.08 (4) (b) of the statutes is amended to read:

SB748,8,6 50.08 (4) (b) If par. (a) applies, the nursing home or community-based residential facility shall obtain oral consent or acknowledgment from the resident or, if the resident is incapacitated, a person acting on behalf of the resident, before administering the psychotropic medication, except as provided in par. (c). The oral consent or acknowledgment shall be entered in the resident's medical record. The oral consent or acknowledgment shall be valid for 10 days, after which time the nursing home or community-based residential facility may not continue to administer the psychotropic medication unless it has obtained written informed consent or a signed acknowledgment form under sub. (3).

SB748,22 Section 22. 50.08 (4) (c) of the statutes is amended to read:

SB748,8,14 50.08 (4) (c) If par. (a) applies, the resident is incapacitated, and the nursing home or community-based residential facility has made a good faith effort to obtain oral consent or acknowledgment, under par. (b), of a person acting on behalf of the resident but has been unable to contact such a person, the nursing home or community-based residential facility may administer the psychotropic medication to the resident for up to 24 hours before obtaining consent or acknowledgment under par. (a) or sub. (3).

SB748,8,15 (End)