BILL NUMBER: S4380
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the public health law, in relation to limiting the off
label use of antipsychotic drugs with black box warnings on elderly
patients with dementia; and to amend the education law, in relation to
professional medical misconduct
 
PURPOSE:
Physicians and healthcare providers regularly prescribe antipsychotic
drugs with black box warning to elderly patients with dementia, result-
ing in patient illness and death. Antipsychotic drugs are not approved
for use in dementia care-they treat schizophrenia, and bipolar disorder,
among other appropriate illnesses. Such drugs are recommended for use as
a last resort in cases where a patient poses risk to self or others.
 
SUMMARY OF PROVISIONS:
Section 1 defines "off label", "black box warning", "chemical
restraint", antipsychotic drug", and other terms.
Section 2 amends the education law by adding a new subdivision.
Section 3 states the act shall take effect on the thirtieth day after
becoming law.
 
EXISTING LAW:
None.
 
JUSTIFICATION:
There are concerns of widespread misuse of antipsychotic drugs on people
with dementia. Antipsychotic drugs are not approved for use in dementia
care. The correct and intended use is for patients with mental disorders
such as schizophrenia and bi-polar disorders. When antipsychotics are
used on dementia patients there are serious side effects sometimes
resulting in death. Antipsychotics use in dementia patents increases the
risk of strokes, arrhythmia, QT prolongation, cardia arrest, pneumonia
and even death. prescribing these drugs with serious and deadly conse-
quences. These drugs are often administered by understaffed and poorly
trained health care workers as a chemical restraint. In other words, the
but for the convenience of health care workers who find it easier to
care for docile sedated patients. Using antipsychotic drugs this way as
a chemical restraint, is unethical and should never be allowed because
it is unnecessary and puts the patient at risk of dangerous side effects
including mortality.
 
LEGISLATIVE HISTORY:
2023-2024: S5704 Comrie/ A3374 Hyndman
2021-2022: S6462
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
The act shall take effect on the thirtieth day after it shall have
become law. Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed on or
before such effective date.

Statutes affected:
S4380: 6530 education law