{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-881","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-881","heading":"Prescribing antipsychotic drugs to long-term care","body":"facility residents – Written consent – Denial of admission.\n\nA. As used in this section:\n\n1. \"Antipsychotic drug\" means a drug, sometimes called a major\n\ntranquilizer, used to treat symptoms of severe psychiatric\n\ndisorders, including, but not limited to, schizophrenia and bipolar\n\ndisorder;\n\n2. \"Long-term care facility\" means:\n\na. a nursing facility as defined by Section 1-1902 of\n\nthis title,\n\nb. the nursing facility component of a continuum of care\n\nfacility as defined under the Continuum of Care and\n\nAssisted Living Act, or\n\nc. the nursing care component of a life care community as\n\ndefined by the Long-term Care Insurance Act;\n\n3. \"Resident\" means a resident as defined by Section 1-1902 of\n\nthis title;\n\n4. \"Representative of a resident\" means a representative of a\n\nresident as defined by Section 1-1902 of this title; and\n\n5. \"Prescribing clinician\" means:\n\na. an allopathic or osteopathic physician licensed by and\n\nin good standing with the State Board of Medical\n\nLicensure and Supervision or the State Board of\n\nOsteopathic Examiners, as appropriate,\n\nb. a physician assistant licensed by and in good standing\n\nwith the State Board of Medical Licensure and\n\nSupervision, or\n\nc. an Advanced Practice Registered Nurse licensed by and\n\nin good standing with the Oklahoma Board of Nursing.\n\nB. Except in case of an emergency in which the resident poses\n\nharm to the resident or others, no long-term care facility resident\n\nshall be prescribed or administered an antipsychotic drug that was\n\nnot already prescribed to the resident prior to admission to the\n\nfacility unless each of the following conditions has been satisfied:\n\n1. The resident has been examined by the prescribing clinician\n\nand diagnosed with a psychiatric condition and the prescribed drug\n\nis approved by the United States Food and Drug Administration for\n\nthat condition or prescribed in accordance with generally accepted\n\nclinical practices;\n\n2. The prescribing clinician, or a previous prescribing\n\nclinician, has unsuccessfully attempted to accomplish the drug's\n\nintended effect using contemporary and generally accepted\n\nnonpharmacological care options, and has documented those attempts\n\nand their results in the resident's medical record or has deemed\n\nthat those attempts would not be medically appropriate based upon a\n\nphysical examination by the prescribing clinician and documented the\n\nrationale in the resident's medical record;\n\n3. The facility has provided to the resident or representative\n\nof the resident a written explanation of applicable informed consent\n\nlaws. The explanation shall be written in language that the\n\nresident or representative of a resident can be reasonably expected\n\nto understand;\n\n4. The prescribing clinician has confirmed with the nursing\n\nfacility verbally or otherwise that written, informed consent has\n\nbeen obtained from the resident or representative of the resident\n\nthat meets the requirements of subsection C of this section; and\n\n5. In the event a long-term care facility resident is\n\nprescribed an antipsychotic medication in the case of an emergency,\n\nthe prescribing physician shall prescribe the minimum dosage and\n\nduration that is prudent for the resident's condition and shall\n\nexamine the patient in person within thirty (30) days.\n\nC. Except in the case of an emergency as provided for in\n\nsubsection B of this section, the prescribing clinician shall\n\nconfirm that written, voluntary informed consent to authorize the\n\nadministration of an antipsychotic drug to a facility resident has\n\nbeen obtained from the resident or the representative of the\n\nresident prior to the initial administration of the antipsychotic\n\ndrug. Voluntary informed consent shall, at minimum, consist of the\n\nfollowing:\n\n1. The prescribing clinician has confirmed that a signed,\n\nwritten affirmation has been obtained from the resident or the\nadministration of an antipsychotic drug to a facility resident has\n\nbeen obtained from the resident or the representative of the\n\nresident prior to the initial administration of the antipsychotic\n\ndrug. Voluntary informed consent shall, at minimum, consist of the\n\nfollowing:\n\n1. The prescribing clinician has confirmed that a signed,\n\nwritten affirmation has been obtained from the resident or the\n\nrepresentative of the resident that the resident has been informed\n\nof all pertinent information concerning the administration of an\n\nantipsychotic drug in language that the signer can reasonably be\n\nexpected to understand. Pertinent information shall include, but\n\nnot be limited to:\n\na. the reason for the drug's prescription and the\n\nintended effect of the drug on the resident's\n\ncondition,\n\nb. the nature of the drug and the procedure for its\n\nadministration, including dosage, administration\n\nschedule, method of delivery and expected duration for\n\nthe drug to be administered,\n\nc. risks, common side effects and potential severe\n\nadverse reactions associated with the administration\n\nof the drug,\n\nd. the right of the resident or representative of the\n\nresident to refuse the administration of the\n\nantipsychotic drug and the medical consequences of\n\nsuch refusal, and\n\ne. an explanation of pharmacological and\n\nnonpharmacological alternatives to the administration\n\nof antipsychotic drugs and the resident's right to\n\nchoose such alternatives; and\n\n2. Except in the case of an emergency as provided for in\n\nsubsection B of this section, the prescribing clinician shall inform\n\nthe resident or the representative of the resident of the existence\n\nof the long-term care facility's policies and procedures for\n\ncompliance with informed consent requirements. The facility shall\n\nmake these available to the resident or representative of the\n\nresident prior to administering any antipsychotic drug upon request.\n\nD. 1. Antipsychotic drug prescriptions and administration\n\nshall be consistent with standards for dosage, duration and\n\nfrequency of administration that are generally accepted for the\n\nresident's condition.\n\n2. Throughout the duration of the administration of an\n\nantipsychotic drug and at generally accepted intervals approved for\n\nthe resident's condition, the prescribing clinician or designee\n\nshall monitor the resident's condition and evaluate drug performance\n\nwith respect to the condition for which the drug was prescribed.\n\nThe prescribing clinician shall provide documentation of the status\n\nof the resident's condition to the resident or the representative of\n\nthe resident upon request and without unreasonable delay.\n\n3. Any change in dosage or duration of the administration of an\n\nantipsychotic drug shall be justified by the prescribing clinician\n\nwith documentation on the resident's record of the clinical\n\nobservations that warranted the change.\n\nE. 1. No long-term care facility shall deny admission or\n\ncontinued residency to a person on the basis of the person's or his\n\nor her representative's refusal to the administration of\n\nantipsychotic drugs, unless the prescribing clinician or care\n\nfacility can demonstrate that the resident's refusal would place the\n\nhealth and safety of the resident, the facility staff, other\n\nresidents or visitors at risk.\n\n2. Any care facility that alleges that the resident's refusal\n\nto consent to the administration of antipsychotic drugs will place\n\nthe health and safety of the resident, the facility staff, other\n\nresidents or visitors at risk shall document the alleged risk in\n\ndetail and shall present this documentation to the resident or the\n\nrepresentative of the resident, to the State Department of Health\n\nand to the Long-Term Care Ombudsman, and shall inform the resident\n\nor the representative of the resident of the resident's right to\nthe health and safety of the resident, the facility staff, other\n\nresidents or visitors at risk shall document the alleged risk in\n\ndetail and shall present this documentation to the resident or the\n\nrepresentative of the resident, to the State Department of Health\n\nand to the Long-Term Care Ombudsman, and shall inform the resident\n\nor the representative of the resident of the resident's right to\n\nappeal to the State Department of Health. The documentation of the\n\nalleged risk shall include a description of all nonpharmacological\n\nor alternative care options attempted and why they were unsuccessful\n\nor why the prescribing clinician determined alternative treatments\n\nwere not medically appropriate for the condition following a\n\nphysical examination.\n\nF. The provisions of this section shall not apply to a hospice\n\npatient as defined in Section 1-860.2 of this title.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4dffb5a6be95f439ecd9d5aca6b178d8d364af5a29ae15880beb9c9f46b82c9d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-880.12","next":"us-ok/okla.-stat.-tit.-63-63-1-890.1"},"notice":"GroundRules: Original legal text. Not legal advice."}