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Nursing home drugs: Vital treatment or prescription for abuse?

Families need to know their rights under the law

March 14, 2010

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“NURSING HOME drug use puts many at risk," about antipsychotics being given to nursing home patients, should be a real eye opener to patients’ families. What was misleading was the statement that “there is no barometer for what is considered an appropriate amount of antipsychotic use in nursing homes — and there is no law governing the matter.’’ Medication levels notwithstanding, the fact is that it is against federal law to administer antipyschotic medications to a nursing home patient without informed consent. If the patient is not mentally capable of giving consent, then the facility must get informed consent from the holder of the patient’s durable power of attorney.

Moreover, I question whether the use of antipsychotic medications as a chemical restraint is more common in Massachusetts than in most other states. As an advocate with more than 27 years of experience helping more than 3,000 families of nursing home patients nationwide, I have encountered the industry’s use of these chemical restraints throughout the country.

Finally, it was alarming that Robert A. Stern, of Boston University School of Medicine, would defend nursing homes’ practice of drugging by citing their insufficient staffing. Nursing homes are paid a lot of money for staffing, and should not take it out on the patients when they are not staffed to care for them.

The best way to ensure that our parents are not drugged out of their minds for the benefit of the industry is for the public to know the rights of the patient and to file complaints with state regulators against a facility that violates those rights.

Carole Herman,
President
Foundation Aiding the Elderly
Sacramento

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