CHAPTER 182
HB 120 - FINAL VERSION
7Apr2021... 0517h
04/29/2021 1179s
24Jun2021... 2064EBA
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
04/29/2021 1179s
24Jun2021... 2064EBA 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:
182:1 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, for the purpose of immediate control of behavior.
182:2 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.
182:3 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, for the purpose of immediate control of behavior.
182:4 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.
182:5 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, for the purpose of immediate control of behavior.
182:6 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.
182:7 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.
182:8 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, for the purpose of immediate control of behavior.
182:9 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. 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.
182:10 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.
182:11 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.
182:12 New Section; Assessment for the Use of Psychotropic Medications. Amend RSA 170-G by inserting after section 4-h the following new section:
170-G:4-i Assessment for the Use of Psychotropic Medications. For children in out-of-home care with the department, prior to seeking a prescription or renewal for psychotropic medication, the department 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.
I. Section 12 of this act shall take effect January 1, 2023.
II. The remainder of this act shall take effect January 1, 2022.
Approved: August 10, 2021
Effective Date:
I. Section 12 shall take effect January 1, 2023.
II. Remainder shall take effect January 1, 2022.
| 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 |
| April 29, 2021 | Senate | Floor Vote |
| April 14, 2021 | Senate | Hearing |
| April 29, 2021 | Senate | Floor Vote |
Aug. 10, 2021: Signed by Governor Sununu 08/10/2021; Chapter 182; I. Sec. 12 Eff: 01/01/2023 II. Rem. Eff: 01/01/2022
Aug. 16, 2021: Signed by Governor Sununu 08/10/2021; Chapter 182; I. Sec. 12 Eff: 01/01/2023 II. Rem. Eff: 01/01/2022
June 24, 2021: Enrolled (in recess of) 06/24/2021
July 23, 2021: Enrolled (in recess of) 06/24/2021
July 21, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
July 15, 2021: Enrolled Bill Amendment # 2021-2064eba: AA VV (in recess of) 06/24/2021 HJ 11
: Enrolled Bill Amendment # 2021-2064eba: AA VV (in recess of) 06/24/2021 HJ 11
June 24, 2021: Enrolled Bill Amendment # 2021-2063e Adopted, VV, (In recess of 06/24/2021); SJ 20
June 24, 2021: Enrolled Bill Amendment # 2021-2064e Adopted, VV, (In recess of 06/24/2021); SJ 20
July 15, 2021: Enrolled Bill Amendment # 2021-2064e Adopted, VV, (In recess of 06/24/2021); SJ 20
June 10, 2021: House Concurs with Senate Amendment 2021-1179h (Rep. Rice): MA DV 204-154 06/10/2021 HJ 10 P. 1
June 10, 2021: House Concurs with Senate Amendment 2021-1179h (Rep. Rice): MA DV 204-154 06/10/2021 HJ 10 P. 1
April 29, 2021: Ought to Pass with Amendment 2021-1179s, RC 24Y-0N, MA; OT3rdg; 04/29/2021; SJ 13
April 29, 2021: Ought to Pass with Amendment 2021-1179s, RC 24Y-0N, MA; OT3rdg; 04/29/2021; SJ 13
April 29, 2021: Committee Amendment # 2021-1179s, RC 24Y-0N, AA; 04/29/2021; SJ 13
April 29, 2021: Committee Amendment # 2021-1179s, RC 24Y-0N, AA; 04/29/2021; SJ 13
April 29, 2021: Committee Report: Ought to Pass with Amendment # 2021-1179s, 04/29/2021; Vote 5-0; CC; SC 21
April 22, 2021: Committee Report: Ought to Pass with Amendment # 2021-1179s, 04/29/2021; Vote 5-0; CC; SC 21
April 8, 2021: Remote Hearing: 04/14/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 19
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: Introduced 04/01/2021 and Referred to Health and Human Services; SJ 11
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Ought to Pass with Amendment 2021-0517h: MA VV 04/07/2021 HJ 5 P. 2
April 7, 2021: Ought to Pass with Amendment 2021-0517h: MA VV 04/07/2021 HJ 5 P. 2
April 7, 2021: Amendment # 2021-0517h: AA VV 04/07/2021 HJ 5 P. 2
April 7, 2021: Amendment # 2021-0517h: AA VV 04/07/2021 HJ 5 P. 2
: Committee Report: Ought to Pass with Amendment # 2021-0517h (Vote 15-0; CC) HC 18 P. 3
March 15, 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
Jan. 4, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 36