HB1388 (2008) Detail

(New Title) establishing a commission to study practices relative to medications prescribed to children in out-of-home placements.


HB 1388 – AS AMENDED BY THE HOUSE

05Mar2008… 0749h

2008 SESSION

08-2619

05/09

HOUSE BILL 1388

AN ACT establishing a commission to study practices relative to medications prescribed to children in out-of-home placements.

SPONSORS: Rep. Crane, Hills 21; Sen. Kenney, Dist 3

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill establishes a commission to study psychopharmacological agents prescribed to children in out-of-home placements.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0749h

08-2619

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT establishing a commission to study practices relative to medications prescribed to children in out-of-home placements.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Commission Established.

I. There is established a commission to study practices relative to medications prescribed to children in out-of-home placements, including foster and residential placements made pursuant to RSA 169-B, RSA 169-C, and RSA 169-D, and placements at New Hampshire hospital, the youth development center, the youth detention services unit, and the Tobey School. For purposes of the study, “medications” shall mean psychopharmacological agents, including but not limited to psychotropic medication and anti-convulsant medications.

II.(a) The members of the commission shall be as follows:

(1) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(2) One member of the senate, appointed by the president of the senate.

(3) The commissioner of the department of health and human services, or designee, and one other representative from the department, appointed by the commissioner.

(4) A licensed foster care provider, nominated by the commissioner of the department of health and human services and appointed by the governor.

(5) A member of New Hampshire Partners in Service, nominated by the organization and appointed by the governor.

(6) A primary care physician, who is a member of the New Hampshire Pediatric Society, with relevant experience treating juveniles and young adults, appointed by the governor.

(7) A member of the New Hampshire Psychiatric Society with a specialty in child psychiatry, nominated by the society, and appointed by the governor.

(8) A member of the New Hampshire Psychological Association with relevant experience in child psychology and treating children in out-of-home placements, nominated by the association, and appointed by the governor.

(9) A representative from the Court Appointed Special Advocates (CASA) of New Hampshire, nominated by the executive director, and appointed by the governor.

(10) A representative from the National Alliance on Mental Illness (NAMI) New Hampshire, nominated by the association, and appointed by the governor.

(11) A representative from the Disabilities Rights Center, nominated by the center, and appointed by the governor.

(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. The commission shall:

(a) Study the extent to which medications are prescribed to children in out-of-home placements.

(b) Study the circumstances under which medications are prescribed, the type of medications prescribed, the purposes for which they are prescribed, the number and doses of medications per child, and the procedures used by residential care providers to monitor and administer the medications.

(c) Identify the causes or contributing factors of any issues or concerns identified by the commission.

(d) Solicit information and testimony from such agencies, organizations, and individuals as may assist the commission in the performance of its duties.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.

V. The commission shall file an interim report of its findings and any recommendations for proposed legislation with the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2008. The commission shall file a final report of its findings and recommendations on or before November 1, 2009. The final report shall include, but not be limited to, the commissions findings and recommendations regarding III(a)-(d) and whether improvements are needed in the provider or department system of performance or medication monitoring or quality assurance to ensure that best practices are being followed relative to the prescription, administration, and use of medications.

2 Effective Date. This act shall take effect upon its passage.