"Just Say No!": The Right to Refuse Psychotropic Medication in Long-Term Care Facilities

Smith II, George P.

Journal: Annals of Health Law and Life Sciences

Volume: 13

First Page: 1

Year: 2004

Bluebook Citation: 13 ANNALS HEALTH L. & LIFE SCIS. 1 (2004)

Author: George P. Smith Ii: all 59 publications


Abstract

This article examines the rights of patients, particularly incompetent patients, in longterm care facilities to refuse psychotropic medication. In exploring this topic, the author focuses on the provisions of the Omnibus Budget Reconciliation Act of 1987 which was part of a Congressional solution to afford greater protection to residents of long-term care facilities. Because the legislation has not lived up to expectations, the author advocates for further legislative action to protect the dwindling bundle of rights of the elderly.

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