HB120 (2021) Detail

Relative to administration of psychotropic medications to children in foster care.


HB 120 - AS AMENDED BY THE HOUSE

 

7Apr2021... 0517h

2021 SESSION

21-0052

05/06

 

HOUSE BILL 120

 

AN ACT relative to administration of psychotropic medications to children in foster care.

 

SPONSORS: Rep. Marsh, Carr. 8; Rep. P. Schmidt, Straf. 19; Rep. Gay, Rock. 8; Rep. Salloway, Straf. 5; Rep. Crawford, Carr. 4; Rep. Schapiro, Ches. 16; Rep. Cushman, Hills. 2; Rep. Deshaies, Carr. 6; Sen. Sherman, Dist 24; Sen. Bradley, Dist 3; Sen. Rosenwald, Dist 13; Sen. Whitley, Dist 15

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill requires the department of health and human services to provide medication monitoring for children in foster care and to ensure that the use of medication restraint conforms with the limitations of RSA 126-U.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0517h 21-0052

05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to administration of psychotropic medications to children in foster care.

 

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

 

1  New Paragraphs; Delinquent Children; Definitions Added.  Amend RSA 169-B:2 by inserting after paragraph XIII the following new paragraphs:

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

XIII-b. “Medication restraint” means the involuntary administration of any medication, including psychotropic medication, without a clinical diagnosis for the purpose of controlling behavior, unless it is to ensure the immediate physical safety of persons when there is substantial and imminent risk of serious bodily harm to the child or others.

2  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] Health 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] health 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.  Prior to prescribing psychotropic medication, the prescriber shall ensure the undertaking of, and guidance from, a recent comprehensive medical assessment to rule out an underlying physical cause and a comprehensive psychosocial assessment to address psychosocial issues. The prescribing of any medication shall include consultation with the child’s caregiver or legal guardian and the division for children, youth and families (DCYF) district nurse.  The use of medication restraint shall be limited as provided in RSA 126-U.

3  New Paragraphs; Child Protection Act; Definitions Added.  Amend RSA 169-C:3 by inserting after paragraph XXV-a the following new paragraphs:

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

XXV-c. “Medication restraint” means the involuntary administration of any medication, including a psychotropic medication, without a clinical diagnosis for the purpose of controlling behavior, unless it is to ensure the immediate physical safety of persons when there is substantial and imminent risk of serious bodily harm to the child or others.

4  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 VIII the following new paragraph:

IX. The use of medication restraint shall be limited as provided in RSA 126-U.

5  New Paragraphs; Children in Need of Services (CHINS); Definitions Added.  Amend RSA 169-D:2 by inserting after paragraph XIII the following new paragraphs:

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

XIII-b.  “Medication restraint” means  the involuntary administration of any medication, including a psychotropic medication, without a clinical diagnosis for the purpose of controlling behavior, unless it is to ensure the immediate physical safety of persons when there is substantial and imminent risk of serious bodily harm to the child or others.

6  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.  The department shall ensure that, when psychotropic medication is prescribed for children in foster care, appropriate medication monitoring is provided pursuant to current American Academy of Child and Adolescent Psychiatry (AACAP) Standards.

7  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 RSA 126-U, regarding the use of physical and medication restraint.

8  New Paragraphs; Services for Children, Youth and Families; Definitions Added.  Amend RSA 170-G:1 by inserting after paragraph VII the following new paragraphs:

VIII.  “Psychotropic medication” means a drug prescribed by a licensed medical practitioner,

to treat illnesses that affect psychological functioning, perception, behavior, or mood.

IX.  “Medication restraint” means the involuntary administration of any medication, including a psychotropic medication, without a clinical diagnosis for the purpose of controlling behavior, unless it is to ensure the immediate physical safety of persons when there is substantial and imminent risk of serious bodily harm to the child or others.

9  New Paragraph; Duties of the Department of Health and Human Services; Medication Monitoring for Children in Foster Care Receiving Psychotropic Medication.  Amend RSA 170-G:4 by inserting after paragraph XXII the following new paragraph:

XXIII.(a)  Ensure that division for children, youth and families (DCYF) district office nurses provide medication monitoring for children in foster care receiving psychotropic medication pursuant to current American Academy of Child and Adolescent Psychiatry (AACAP) Standards, which shall  include providing relevant health education and guidance to caregivers and DCYF field staff, and that any use of medication restraint conforms with the limitations in RSA 126-U.

(b)  Beginning November 1, 2022, and annually thereafter, report to the joint legislative oversight committee on health and human services established under RSA 126-A:13 and the office of the child advocate established under RSA 21-V, regarding the use of psychotropic medications by children in foster care and compliance with the limitations on medication restraint in RSA 126-U.  Such report shall include a description of progress during the preceding fiscal year toward compliance with the recommendations of the September 2018 report of the United States Department of Health and Human Services, Office of the Inspector General entitled “Treatment Planning and Medication Monitoring Were Lacking for Children in Foster Care Receiving Psychotropic Medication.”  Such description shall include statistical information regarding the number of children in foster care, the number of such children receiving treatment with psychotropic medications, the total Medicaid expenditures for psychotropic medications for such children, and the diagnoses of such children.  In addition, the report shall include statistical information regarding the number of children in foster care receiving treatment with psychotropic medications who have treatment plans and medication monitoring as required by statute, regulation, and department procedures.

10  New Subparagraph; Confidentiality of Department Case Records; Access by Licensed Medical Practitioner.  Amend RSA 170-G:8-a, II(b) by inserting after subparagraph (5) the following new subparagraph:

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

11  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.

12  Effective Date.  This act shall take effect January 1, 2022.

Links

HB120 at GenCourtMobile
HB120 Discussion

Action Dates

Date Body Type
March 4, 2021 House Hearing
March 11, 2021 House Exec Session
March 11, 2021 House Exec Session
House Floor Vote
April 14, 2021 Senate Hearing

Bill Text Revisions

HB120 Revision: 32288 Date: April 7, 2021, 9:22 a.m.
HB120 Revision: 31412 Date: Jan. 4, 2021, 1:43 p.m.

Docket


April 14, 2021: Remote Hearing: 04/14/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 19


April 1, 2021: Introduced 04/01/2021 and Referred to Health and Human Services; SJ 11


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021


April 7, 2021: Ought to Pass with Amendment 2021-0517h: MA VV 04/07/2021


April 7, 2021: Amendment # 2021-0517h: AA VV 04/07/2021


: Committee Report: Ought to Pass with Amendment # 2021-0517h (Vote 15-0; CC) HC 18 P. 3


March 11, 2021: Executive Session: 03/11/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91927749754


March 11, 2021: Executive Session: 03/11/2021 9:30 a.m.


March 4, 2021: Public Hearing: 03/04/2021 10:45 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94672611666 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 36


Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Children and Family Law