The Texas Health and Human Services Commission has issued a new letter (PL 2022-11) providing guidance on the requirement for nursing facilities (NFs) to obtain written consent for treating residents with antipsychotic or neuroleptic medications. Consent must be documented on Form 3713, which must be completed before the first dose is administered for new prescriptions, and as soon as possible for existing prescriptions. NFs must document any actions taken to obtain written consent and communication with all parties involved if Form 3713 has not been completed. Written consent is not required for psychoactive medications that are not considered antipsychotic or neuroleptic, but documented consent is still necessary. The rule implements House Bill 2050 of the 86th Legislature, Regular Session, 2019, and Form 3713 was updated on May 5, 2022. Nursing facilities should ensure they are in compliance with these requirements and maintain accurate records of consent.

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