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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

Health Policy Commission

SUMMARY

Synopsis of HCPAC Amendment

Consumer and Public Affairs amendment of House Bill 418 changed the proposed language change that would allow a physician to continue treating a patient with psychotropic medication by substituting the following language: "Upon the sworn application of the treating physician, the court may issue an order permitting the treating physician to continue to administer psychotropic medication until a treatment guardian is appointed, if the requirements of Subsection B of this section for appointment of a treatment guardian are in the process of being satisfied in a timely manner."

Synopsis of Bill

House Bill 418 amends Section 43-1-15 NMSA 1978 of the Mental Health and Developmental Disabilities Code pertaining to the consent for treatment for adult clients with regard to the administration of psychotropic medications. The bill contains an emergency clause.

Significant Issues

Pyschotropic medication is added to the list of treatments subject to proper consent of the client. Additional language is added to insure a client is not presumed to be incapable of giving consent for the administration of psychotropic medications solely because he has been involuntarily committed to a treatment facility or is awaiting a hearing on whether he should be involuntarily committed to a treatment facility. A section regarding the powers of the treatment guardian is amended for clarifying language. New language is added to the section governing the administration of pyschotropic medications while awaiting emergency guardianship hearings. Additional language is added allowing a licensed physician to administer pyschotropic medications to a client under a prior section of this legislation if the client consents to receive such medication and the physician documents that the medication is likely to prevent the need to give it on an emergency basis.

ADMINISTRATIVE IMPLICATIONS

Documentation of the proper consent or of the denial of consent must become an integral part of the patient record and documentation must occur at every step of the treatment process as well as at every step in the court process.

OTHER SUBSTANTIVE ISSUES

This bill adds another treatment modality to the list that demands proper consent for its administration. The bill also permits the client to refuse medication which may not be in the best interests of the client, but also not in the best interests of fellow patients and the general population if the individual becomes a danger to himself and others. The role of the treatment guardian takes on added importance with the necessary knowledge and understanding of the effectiveness of the proposed pyschotropic medication which must be considered when advising a client or with making the proper decision for his client. The bill increases the protection of patient rights.

MB/njw