HB1278 (2020) Detail

Relative to the use of psychotropic medications for children in foster care.


HB 1278 - AS INTRODUCED

 

 

2020 SESSION

20-2024

05/06

 

HOUSE BILL 1278

 

AN ACT relative to the use of psychotropic medications for children in foster care.

 

SPONSORS: Rep. Marsh, Carr. 8; Rep. Berrien, Rock. 18; Rep. Camarota, Hills. 7; Rep. M. Pearson, Rock. 34; Rep. P. Schmidt, Straf. 19; Rep. Gay, Rock. 8; Rep. Salloway, Straf. 5; Rep. Nutter-Upham, Hills. 33; Rep. Danielson, Hills. 7; Rep. Martin, Hills. 23; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. Chandley, Dist 11

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill requires the department of health and human services to establish a program to oversee treatment planning and medication monitoring for children in foster care and to adopt rules relative to the administration of psychotropic medications for such children.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2024

05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the use of psychotropic medications for children in foster care.

 

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

 

1  Statement of Intent.  Cognizant of the September 2018 report from the United States Office of the Inspector General entitled “Treatment Planning and Medication Monitoring Were Lacking for Children in Foster Care Receiving Psychotropic Medication” and the proposed settlement in United States District Court of M.B., et al. v. Tidball, et al., Civil Action Number 2:17-cv-04102-NKL, the general court intends the commissioner of health and human services to address the issue of the use of psychotropic medications in children in foster care and strengthen oversight of psychotropic medication use among this high-risk population.  In the September, 2018 report, New Hampshire was cited as having one of the highest rates in the nation of foster children being treated with psychotropic medications, and many of these children also did not have an appropriate treatment plan.  Children in foster care have often faced disparate levels of trauma, abuse, or poverty, so are especially in need of tailored, comprehensive support.  Proper assessment, treatment planning, and medication monitoring are important safeguards to ensure that children get the medication they need if, and only if, it is deemed clinically necessary.  The general court recognizes that these medications can have serious side effects, such as drowsiness, weight gain, nausea, headaches, involuntary movements, and tremors, among others.  Furthermore, certain medications carry black box warnings from the Food and Drug Administration, including antidepressant medication and suicidality in the pediatric population, and stimulant medication and sudden death in the pediatric population.  They are not intended for use without appropriate medical supervision.  Therefore, the following is enacted to address this issue.

2  New Paragraph; Delinquent Children; Definition of Psychotropic Medication Added.  Amend RSA 169-B:2 by inserting after paragraph XIII the following new paragraph:

XIII-a.  “Psychotropic medication” means a drug prescribed by a licensed medical practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.

3  Delinquent Children; Treatment Plan Involving the Use of Psychotropic Medication.  Amend RSA 169-B:23 to read as follows:

169-B:23  Orders for Physical Examination and Treatment.  If it is alleged in any petition, or it appears at any time during the progress of the case, that a delinquent is in need of physical treatment, the failure to receive which is a contributing cause of delinquency, due notice of that fact shall be given as provided in RSA 169-B:7.  If the court, upon hearing, finds that such treatment is reasonably required, it shall be ordered and the expense thereof shall be borne as provided in RSA 169-B:40.  In order to maintain continuity of care, improve the coordination of services between health and child welfare professionals, and reduce the risk of harmful side effects, any treatment plan involving the use of psychotropic medications shall be compliant with the rules developed by the department pursuant to RSA 170-G:4, XX and records shall be maintained pursuant to RSA 169-B:31-b, I and RSA 170-G:8-a.

4  New Paragraph; Child Protection Act; Definition of Psychotropic Medication Added.  Amend RSA 169-C:3 by inserting after paragraph XXV the following new paragraph:

XXV-a.  “Psychotropic medication” means a drug prescribed by a licensed medical practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.

5  New Paragraph; Duties of the Department of Health and Human Services Under the Child Protection Act; Oversight of Children in Foster Care Receiving Psychotropic Medication.  Amend RSA 169-C:34 by inserting after paragraph VII the following new paragraph:

VIII.  In order to maintain continuity of care, improve the coordination of services between health and child welfare professionals, and reduce the risk of harmful side effects, any treatment plan involving the use of psychotropic medication for the child shall comply with the rules developed by the department pursuant to RSA 170-G:4, XX and records shall be maintained pursuant to RSA 170-G:8-a.

6  New Paragraph; Children in Need of Services (CHINS); Definition of Psychotropic Medication Added.  Amend RSA 169-D:2 by inserting after paragraph XIII the following new paragraph:

XIII-a.  “Psychotropic medication” means a drug prescribed by a licensed medical practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.

7  New Paragraph; Children in Need of Services; Oversight of Children in Foster Care Receiving Psychotropic Medication.  Amend RSA 169-D:17 by inserting after paragraph VIII the following new paragraph:

IX.  In order to maintain continuity of care, improve the coordination of services between health and child welfare professionals, and reduce the risk of harmful side effects, any treatment plan involving the use of psychotropic medication for the child shall comply with the rules developed by the department pursuant to RSA 170-G:4, XX and records shall be maintained pursuant to RSA 170-G:8-a.

8  New Subparagraph; Residential Care and Child Placing Agency Licensing; Compliance with Rules Relative to the Use of Psychotropic Medication in Children.  Amend RSA 170-E:34, I by inserting after subparagraph (h) the following new subparagraph:

(i)  Compliance with the rules relative to the use of psychotropic medications in children under RSA 170-G:4, XX.

9  Services for Children, Youth and Families; Definition of Psychotropic Medication Added.  Amend RSA 170-G:1 by inserting after paragraph VII the following new paragraph:

VIII.  “Psychotropic medication” means a drug prescribed by a licensed medical practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.

10  New Paragraph; Services for Children, Youth and Families; Duties of the Department of Health and Human Services; Program to Oversee Treatment Planning and Medication Monitoring for Children in Foster Care Receiving Psychotropic Medication; Rulemaking Required.  Amend RSA 170-G:4 by inserting after paragraph XX the following new paragraph:

XXI.(a)  The department shall develop and implement a program to oversee treatment planning and medication monitoring for children in foster care for the purpose of enhancing continuity of care, improving coordination of services between health and child welfare professionals, and reducing the risk of harmful side effects.  The program shall ensure the availability of an effective trauma screening process, include a plan to increase access to trauma-informed interventions that can reduce the likelihood that a child will be inappropriately prescribed psychotropic medication, and encourage non-medication interventions when appropriate.  The department shall, in consultation with the board of medicine and the board of nursing, adopt rules under RSA 541-A, relative to administration of the program, including requirements regarding diagnosis, treatment planning, and psychotropic medication monitoring for children in foster homes.

(b)  The department shall submit the final proposed rules required under this paragraph to the joint legislative committee on administrative rules within 6 months of the effective date of this paragraph.  Such rules shall take effect January 1, 2021.

11  New Subparagraph; Confidentiality of Department Case Records; Access by Licensed Medical Practitioner.  Amend RSA 170-G:8-a, II(b) by inserting after subparagraph (4) the following new subparagraph:

(5)  A licensed medical practitioner who is overseeing the use of psychotropic medication prescribed to the child.

12  New Paragraph; Foster Care Children's Bill of Rights.  Amend RSA 170-G:21 by inserting after paragraph II the following new paragraph:

II-a.  To receive appropriate medical supervision of any prescribed psychotropic medications according to the rules adopted pursuant to RSA 170-G:4, XX.

13  New Paragraph; Nurse Practice Act; Assistance in the Development of Rules for the Use of Psychotropic Medications in Children.  Amend RSA 326-B:4 by inserting after paragraph XIV the following new paragraph:

XV.  Assist the department of health and human services in establishing rules for the use of psychotropic medications in children pursuant to RSA 170-G:4, XX and apply such rules to the evaluation of licensees under the this chapter.

14  New Subparagraph; Board of Medicine; Assistance in the Development of Rules for the Use of Psychotropic Medications in Children.  Amend RSA 329:2, II by inserting after subparagraph II(e) the following new subparagraph:

(f)  Assist the department of health and human services in establishing rules for the use of psychotropic medications in children pursuant to RSA 170-G:4, XX and apply such rules in board investigations or evaluations under subparagraphs (b) and (c).

15  Effective Date.  

I.  Sections 3, 5, 7, 8 and 12 of this act shall take effect January 1, 2021.

II.  The remainder of this act shall take effect upon its passage.

Links

HB1278 at GenCourtMobile
HB1278 Discussion

Action Dates

Date Body Type
March 3, 2020 House Hearing
March 3, 2020 House Exec Session

Bill Text Revisions

HB1278 Revision: 6927 Date: Dec. 2, 2019, 1:47 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Children and Family Law HJ 1 P. 16
March 3, 2020 Public Hearing: 03/03/2020 11:15 am LOB 206
March 3, 2020 Executive Session: 03/03/2020 03:00 pm LOB 206
Committee Report: Refer for Interim Study (Vote 19-0; CC)
March 11, 2020 Committee Report: Refer for Interim Study for 03/11/2020 (Vote 19-0; RC) HC 10 P. 33
March 11, 2020 Refer for Interim Study: MA VV 03/11/2020