Informed consent for psychotropic medications – Wis. Stat. Ann. § 50.08

Informed consent for psychotropic medications

Nursing homes must obtain the written informed consent of nursing home residents or individuals authorized to act on their behalf prior to administering psychotropic medications that contain "boxed warnings."

Nursing homes must use the drug-specific informed consent forms created by the department of health services when obtaining such informed consent. These forms must contain a number of specific elements, including a description of the treatment benefits and the means of administering the medication, description of side effects, alternative treatments, a statement regarding the duration of the informed consent (must be under 15 months), statement that the resident may revoke the informed consent at will, etc.

Guardians that provide informed consent must comply with the informed consent provisions provided in the law, whereas health care agents must provide informed consent based on the wishes expressed in the resident's power of attorney or, if such wishes are unknown.

Nursing homes must provide, upon request, residents or their representatives with copies of the informed consent document.  Nursing homes must orally inform residents or their representatives, as they execute the informed consent document, of their ability to revoke the consent at will and that the consent will last for 15 months unless specified otherwise.  Nursing homes must keep their informed consent forms up to date by either using the newest forms from the department or creating their own with information from the department.

Nursing homes do not have to obtain informed consent if the resident received a prescription for the psychotropic medication while off of the nursing home's property or if the following three circumstances arise: (1) A court has not ordered the resident to take psychotropic medication; (2) The resident "is at significant risk of physical or emotional harm" or has exposed another to such risks due to an emergency situation and there is not time to obtain informed consent; and (3) "A physician has determined that the resident or others will be harmed if the psychotropic medication is not administered before informed consent is obtained."  Nursing homes must still obtain the oral consent of residents or their representatives, or make a good faith effort to obtain such consent, before administering psychotropic medication in an emergency situation and must document such consent in the resident's medical record.