Text to be removed highlighted in red.
1 New Section; Psychotropic Drug Prescriptions for Children under Medicaid; Informed Consent Required. Amend RSA 167 by inserting after section 3-m the following new section:
167:3-n Psychotropic Drug Prescriptions for Children under Medicaid; Informed Consent Required.
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.
IV. Medical care providers who fail to comply with the requirements of this section may face penalties, including suspension of Medicaid reimbursements.
V. Medical care providers who fail to comply with the informed consent and medication guide requirements of this section shall be reported to the board of medicine or other appropriate governing board for the health care provider involved.
2 Effective Date. This act shall take effect April 1, 2026.
Text to be added highlighted in green.
1 New Section; Psychotropic Drug Prescriptions for Children under Medicaid; Informed Consent Required. Amend RSA 167 by inserting after section 3-m the following new section:
167:3-n Psychotropic Drug Prescriptions for Children under Medicaid; Informed Consent Required.
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.
IV. Medical care providers who fail to comply with the requirements of this section may face penalties, including suspension of Medicaid reimbursements.
V. Medical care providers who fail to comply with the informed consent and medication guide requirements of this section shall be reported to the board of medicine or other appropriate governing board for the health care provider involved.
2 Effective Date. This act shall take effect April 1, 2026.