Amendment 2025-0761h to HB732 (2025)

To enhance informed consent and accountability in psychotropic drug prescriptions for children under Medicaid.


Revision: March 10, 2025, 1:30 p.m.

Rep. Kesselring, Hills. 18

March 5, 2025

2025-0761h

05/09

 

 

Amendment to HB 732-FN

 

Amend RSA 167:3-n, I-III as inserted by section 1 of the bill by replacing it with the following:

 

I.  In this section:

(a)  “Psychotropic drugs” shall have the same meaning as "psychotropic medication", defined in RSA 169-D:2, XIII-a, and shall include stimulants, including ADHD drugs such as methylphenidate, antidepressants, antipsychotics, and other behavioral drugs.

(b)  “Medical care providers” shall have the same meaning as in RSA 507-E:1, II.

(c)  “FDA medication guides” are handouts that come with many prescription medicines.  The guides address issues that are specific to particular drugs and drug classes, and they contain FDA-approved information that can help patients avoid serious adverse events.

(d)  "State-designated caregiver" shall mean the department of health and human services if the department has authority to consent to medical treatment for the minor in accordance with RSA 463:12-a.

II.(a)  Medical care providers prescribing psychotropic drugs to minors under Medicaid shall provide FDA medication guides to the parent, legal guardian, or state-designated caregiver before the prescription is issued.

(b)  A physical copy of the FDA medication guide shall be printed and reviewed with the parent, legal guardian, or state-designated caregiver to explain:

(1)  The FDA-identified risks of the medication, including pediatric-specific warnings.

(2)  The signs of potential side effects and adverse drug reactions detailed within the medication guide.

III.  Before a medical care provider prescribes a psychotropic drug, the provider shall obtain written informed consent from the parent, legal guardian, or state-designated caregiver confirming they have received and reviewed the FDA medication guide and understand the associated risks and side effects.  

2025-0761h

AMENDED ANALYSIS

 

This bill requires medical care providers to review FDA medication guides with the parent, guardian, or state-designated caregiver before prescribing a psychotropic drug for a minor under Medicaid.