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LRBs0389/1
TJD&SWB:kjf/amn/wlj
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 791
February 18, 2016 - Offered by Representative Rohrkaste.
AB791-ASA1,1,4 1An Act to renumber 50.08 (3) (h); to amend 50.08 (2) and 50.08 (3) (a); and to
2create
50.08 (3) (bg), 50.08 (3) (bh), 50.08 (3) (fr) and 50.08 (3) (h) 2. of the
3statutes; relating to: informed consent for psychotropic medications in
4community-based residential facilities.
Analysis by the Legislative Reference Bureau
This substitute amendment requires a community-based residential facility to
provide to a resident or e-mail or mail to a person acting on behalf of a resident an
informational form for administration of psychotropic medications to the same
individuals and under similar circumstances as a nursing home is required to obtain
informed consent for administration of psychotropic medications under current law.
Current law requires that a nursing home obtain written informed consent before
administering a psychotropic medication that contains a boxed warning to any
resident who has degenerative brain disorder with exceptions for emergency
situations. A psychotropic medication is an antipsychotic, an antidepressant,
lithium carbonate, or a tranquilizer. A boxed warning is a warning, described in
federal regulations, the text of which is contained in a black outlined box on the
drug's label and in the full prescribing information.
Instead of written informed consent, the substitute amendment requires that
when first administering a psychotropic medication that has a boxed warning to a

resident who has a degenerative brain disorder, a community-based residential
facility shall provide to a resident or, if the resident is incapacitated, e-mail or mail
to a person acting on behalf of the resident an informational form. A
community-based residential facility may administer the psychotropic medication
before the resident or person acting on behalf of the resident has the informational
form, but the community-based residential facility must provide the form to the
resident or e-mail or mail the form to the person acting on behalf of the resident
within 72 hours of first administering the psychotropic medication. The substitute
amendment requires that the informational form contains a notification that the
resident has been prescribed a medication that has a boxed warning and information
from the federal Food and Drug Administration for the specific psychotropic
medication the resident has been prescribed. The informational form also notifies
the resident, or person acting on behalf of the resident, that if he or she seeks more
information that he or she should contact the prescriber of the medication. The
community-based residential facility is required to include contact information for
the prescriber on the informational form.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB791-ASA1,1 1Section 1. 50.08 (2) of the statutes is amended to read:
AB791-ASA1,2,72 50.08 (2) A physician, an advanced practice nurse prescriber certified under
3s. 441.16 (2), or a physician assistant licensed under ch. 448, who prescribes a
4psychotropic medication to a nursing home or community-based residential facility
5resident who has degenerative brain disorder shall notify the nursing home or
6community-based residential facility
if the prescribed medication has a boxed
7warning under 21 CFR 201.57.
AB791-ASA1,2 8Section 2. 50.08 (3) (a) of the statutes is amended to read:
AB791-ASA1,3,29 50.08 (3) (a) Except as provided in sub. (3m) or (4), before administering a
10psychotropic medication that has a boxed warning under 21 CFR 201.57 to a resident
11of a nursing home who has degenerative brain disorder, a nursing home shall obtain
12written informed consent from the resident or, if the resident is incapacitated, a

1person acting on behalf of the resident, on a form provided by the department under
2par. (b) or on a form that contains the same information as the form under par. (b).
AB791-ASA1,3 3Section 3. 50.08 (3) (bg) of the statutes is created to read:
AB791-ASA1,3,184 50.08 (3) (bg) When first administering a psychotropic medication that has a
5boxed warning under 21 CFR 201.57 to a resident of a community-based residential
6facility who has a degenerative brain disorder, a community-based residential
7facility shall provide to a resident or, if the resident is incapacitated, send by
8electronic mail to a person acting on behalf of the resident an informational form
9described under par. (bh). If the community-based residential facility does not have
10the electronic mail address of the person acting on behalf of the resident, the
11community-based residential facility shall send by mail a copy of the informational
12form to the person acting on behalf of the resident. A community-based residential
13facility may administer the psychotropic medication before the resident or person
14acting on behalf of the resident has the informational form, but the
15community-based residential facility shall provide the informational form to the
16resident or send by electronic mail or mail the informational form to the person
17acting on behalf of the resident within 72 hours of first administering the
18psychotropic medication.
AB791-ASA1,4 19Section 4. 50.08 (3) (bh) of the statutes is created to read:
AB791-ASA1,3,2220 50.08 (3) (bh) 1. The department shall make available on its Internet site or,
21upon request, by mail informational forms for obtaining a signature acknowledging
22receipt of all of the following:
AB791-ASA1,3,2423 a. A notification, created by the department, indicating that the resident has
24been prescribed a medication that has a boxed warning under 21 CFR 201.57.
AB791-ASA1,4,5
1b. Information created by the federal food and drug administration for the
2specific psychotropic medication the resident has been prescribed. The
3community-based residential facility shall obtain the information sheet from the
4federal food and drug administration or obtain information from the federal food and
5drug administration's Internet site.
AB791-ASA1,4,116 2. The informational form under this paragraph shall contain a notification
7that if the resident, or person acting on behalf of the resident, if applicable, seeks
8more information the resident or person acting on behalf of the resident should
9contact the individual who prescribed the medication. The community-based
10residential facility shall indicate on the informational form contact information for
11the prescriber of the medication.
AB791-ASA1,5 12Section 5. 50.08 (3) (fr) of the statutes is created to read:
AB791-ASA1,4,1613 50.08 (3) (fr) The community-based residential facility shall maintain a record
14or maintain proof of providing or sending by electronic mail or mail an informational
15form under par. (bg) for 15 months from the date the informational form is provided,
16sent by electronic mail, or mailed.
AB791-ASA1,6 17Section 6. 50.08 (3) (h) of the statutes is renumbered 50.08 (3) (h) 1.
AB791-ASA1,7 18Section 7. 50.08 (3) (h) 2. of the statutes is created to read:
AB791-ASA1,4,2119 50.08 (3) (h) 2. The community-based residential facility shall use the most
20current information available from the federal food and drug administration under
21par. (bh) 1. b.
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