Amends the Nursing Home Care Act. Provides that "emergency" means a situation, physical condition, or one or more practices, methods, or operations that present imminent danger of death or serious physical or mental harm to residents of a facility and that are clinically documented in the resident's medical record (rather than only a situation, physical condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to residents of a facility). Requires the need for positioning devices to be demonstrated and documented in the resident's care plan. Requires that assessment to be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall be administered to a resident only if clinical documentation in the resident's medical record supports the benefit of the psychotropic medication over contraindications related to other prescribed medications and supports the diagnosis of the resident. Provides that, notwithstanding any other provision of law, if a resident is in a state of emergency, the emergency shall be clinically documented in the resident's medical record.
Senate Amendment 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that devices used for positioning, including, but not limited to, bed rails, gait belts, and cushions, shall not be considered to be physical restraints for purposes of the Act unless the device is used to restrain or otherwise limit the patient's freedom to move. Provides that the need for a device used for positioning must be physically demonstrated by the resident and documented in the resident's care plan. Specifies that the physically demonstrated need of the resident for a device used for positioning must be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall only be given in both emergency and nonemergency situations if the diagnosis of the resident supports the benefit of the medication and clinical documentation in the resident's medical record supports the benefit of the medication over the contraindications related to other prescribed medications. Removes a provision requiring a resident's medical emergencies to be documented.
Senate Amendment 2: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that devices used for positioning, including, but not limited to, bed rails and gait belts, shall not be considered to be physical restraints for purposes of the Act unless the device is used to restrain or otherwise limit the patient's freedom to move. Provides that a device used for positioning must be requested by the resident, the resident's guardian, or the resident's authorized representative, or the need for that device must be physically demonstrated by the resident and documented in the resident's care plan. Specifies that the physically demonstrated need of the resident for a device used for positioning must be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall only be given in both emergency and nonemergency situations if the diagnosis of the resident supports the benefit of the medication and clinical documentation in the resident's medical record supports the benefit of the medication over the contraindications related to other prescribed medications. Removes a provision requiring a resident's medical emergencies to be documented.