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Psychotropic Medication Legislation Passes Assembly

On April 5th, the Assembly passed A.5841-B (Gottfried)/S.2103-B (Sepulveda), a bill that would require an enhanced level of informed consent before psychotropic medications can be prescribed for residents of nursing homes or adult care facilities (ACFs). The legislation makes two major changes in an effort to reduce the use of psychotropic medications:

  1. Requires health care professionals to receive written consent from the resident or the resident’s “lawful representative” before ordering or increasing the order of any psychotropic medication; and
  2. Limits all orders for psychotropic medications to 14 days.

This legislation aims to address issues that are largely already taken care of by federal nursing home regulations, and LeadingAge NY believes it is problematic for nursing homes and ACFs. With that, we have issued a memo of opposition on the bill to the full Assembly multiple times this year.

The bill has been consistently passed by the Assembly for the last several years. While it typically does not go far in the Senate, last year, it did make it to the Senate Calendar and may have been passed had it been taken up for a vote. We need to ensure that the Senate understands our reasons for opposing this problematic bill. Please click here to send a message to your lawmakers TODAY opposing further restrictions on the use of psychotropic medications in nursing homes and ACFs!