New Law Seeks to Curb Overmedication in Nursing Homes

If Your Loved One Was Overmedicated in a Nursing Facility, This New California Rule Matters to You

If you’ve ever visited a parent or loved one in a nursing home and thought:

• They don’t seem like themselves anymore

• They’re sleeping all the time

• They’re confused, withdrawn, or suddenly “flat”

• They started a new medication and everything changed

—you are not alone.

For years, families across California have raised the same concern: their loved ones were being medicated into silence rather than cared for.

On December 31, 2025, the California Department of Public Health (CDPH) took an important step to address this problem by releasing a new Psychotherapeutic Drug Informed Consent Form, which all skilled nursing facilities and intermediate care facilities must use starting January 1, 2026.

This change exists because of what residents—and families—have already suffered.

Why This Change Exists

Psychotherapeutic drugs include medications often used to control behavior, agitation, anxiety, or sleep—such as antipsychotics, antidepressants, and sedatives.

Too often, these drugs have been used:

• Without real explanation

• Without meaningful consent

• Without regular review

• As a substitute for staffing or hands-on care

Families would later learn—sometimes after serious injury or death—that a medication was started, increased, or continued for months or years without anyone clearly explaining:

• why it was needed,

• what the risks were,

• or whether it could be reduced or stopped.

California lawmakers passed Assembly Bill 48 to stop this from happening quietly behind closed doors.

What the New Rule Requires (In Plain English)

Starting January 1, 2026, nursing facilities must do the following:

Facilities must use a standardized consent form (or one just as detailed) before giving psychotherapeutic drugs.

This means someone must clearly explain:

• what the medication is

• why it’s being prescribed

• what the risks and side effects are

• what alternatives exist

No more vague “routine meds” explanations.

This is huge. Every six months, while your loved one remains on the medication, the facility must:

• review the drug again,

• explain any dose changes,

• remind the resident or family that they can say no, and

• discuss whether the drug can be reduced or stopped, using behavioral care instead.

This is meant to prevent exactly what families fear most, “They just kept them on it because it was easier.”

The form must clearly state that residents (or their legal representatives) have the right to:

• refuse the medication

• withdraw consent

• ask for non-drug approaches instead

This is not optional. It is a resident right.

Why Families Should Pay Attention

Many families only discover overmedication after devastating consequences:

• increased falls

• aspiration pneumonia

• rapid cognitive decline

• loss of mobility

• loss of personality

• premature death

This new rule won’t undo past harm—but it gives families leverage going forward.

If your loved one is in a nursing facility:

• Ask what psychotherapeutic drugs they are on

• Ask when consent was last renewed

• Ask whether dose reductions have been tried

• Ask what non-drug care has been attempted

If the facility can’t answer—or won’t—you should be concerned.

A Quiet But Powerful Shift

This isn’t just paperwork.

It’s California acknowledging that overmedication has harmed real people—parents, grandparents, spouses—and that families deserve transparency and control over these life-altering decisions.

Facilities that ignore these requirements risk citations. Facilities that abuse medications risk something far worse.

Final Thought for Families

If you feel something is “off” with your loved one, trust that instinct. Medications should never replace dignity, human care, or compassion. And now, California law finally says that out loud.

If you feel your loved one was neglect by being overmedicated. Contact us immediately.