Before the Joint Committee on Elder Affairs
The Massachusetts Medical Society wishes to be recorded in opposition to these two pieces of legislation which take slightly different approaches but concur in setting a statutory standard of written informed consent and record keeping. The MMS strongly objects to setting standards of clinical care through the legislative process. If there is an issue with a procedure or practice in long term care, the Commonwealth has a robust system for investigating complaints against licensed personnel and facilities.
There is a major concern with these bills in that they stigmatize the use of medications designed to treat depression, anxiety and other issues that are common in nursing home patients.Many patients in long term care facilities suffer from Alzheimer’s Disease and other neurological disorders. The caregivers charged in these bills with reviewing every treatment decision involving prescribing and administering drugs already have the right to be involved in the care of their relatives, wards and dependents. Standards of informed consent in the treatment of the elderly, both competent and impaired, are well established.
What purpose is served by demanding informed consent in writing from offsite proxies, guardians and family members before administering medication as part of a well established treatment plan? If individual advocates feel that the care of their loved one does not meet good clinical standards, the appropriate approach is to address those concerns directly with the patient’s physician and the facility staff. If responses are inadequate, further action may be warranted in filing a complaint with the Department of Public Health or licensing boards. Creating a complex system for every prescription and administration of a medication which may affect a patient’s mood is unwarranted.
The MMS supports the well informed testimony of the Massachusetts Psychiatric Society in this matter and urges the Committee’s opposition to both S.303 and S.308.
