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Elder Law Prof Blog: Legislation introduced to require informed ...

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May 30, 2012

Legislation introduced to require informed consent to administer antipsychotics to dementia patients

Senators Chuck Grassley (R-Iowa), Richard Blumenthal (D- Conn.) and Herb Kohl (D-Wis.) have introduced introducing an amendment to S. 3187, the Food and Drug Administration
Safety and Innovation Act, that would require informed consent to administer antipsychotic drugs to elderly persons with dementia. Although the FDA has issued warnings expressing the serious risks of placing elderly patients with dementia on antipsychotic medications, these drugs continue to be administered frequently to nursing home residents
diagnosed with cognitive impairments and behavioral symptoms. Currently, twenty-six percent of nursing home residents in the United States are prescribed antipsychotics, despite the increased risks of death and medical complications such as stroke, heart attacks and falls that can arise from taking these medications.


The Kohl-Grassley-Blumenthal amendment to S. 3187 would ensure that nursing home residents or their legal representatives understand the risks, are given notice of alternative options for care and provide their informed consent when nursing homes seek to administer antipsychotics. It would also authorize any federal fines that are collected for the illegal marketing of antipsychotics for patients with dementia to be used for programs that would educate doctors about alternatives to treat symptoms of dementia.

More from Consumer Voice.

Ed:? Surely the common law doctrine of informed consent already requires this???

May 30, 2012 | Permalink

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