Revision: April 22, 2021, 7:59 a.m.
Health and Human Services
April 21, 2021
2021-1179s
05/06
Amendment to HB 120
Amend the bill by replacing all after the enacting clause with the following:
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.
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.
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.
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, for the purpose of immediate control of behavior.
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, for the purpose of immediate control of behavior.
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.
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 New Section; Assessment for the Use of Psychotropic Medications. Amend RSA 170-G by inserting after section 4-g the following new section:
170-G:4-h 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.