SB 583 — MONITOR CERTAIN FOSTER CARE MEDICATIONS

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 583 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED4 BY Bill Tallman 6 8 10 AN ACT RELATING TO CHILDREN;

The secretary of children, youth and families c e s k 23 shall adopt and promulgate rules establishing procedures e a n b 24 relating to the following requirements for the prescribing and u [ use of psychotropic medications for children placed in .212008.3.214178.2 SPAC/SB 583 department custody:

(1) before a child in department custody is prescribed a psychotropic medication, a licensed health professionalcare andpractitioner a qualified mental health professional with expertiseexperience in children's mental health shall provideconduct a secondfull levelevaluation, reviewto andinclude approvalmedical, process,mental ashealth, thosesocial termsand aretrauma definedhistories, inand department rules, shall assessdocument thethis childevaluation and document in the child's medical record:record, including:

(a) the risksmedical ofrationale prescribingfor athe psychotropicuse medicationof toa thepsychotropic child;medication;

and (b) an assessment of any peer-reviewed medical literature relating to the userisks inand childrenbenefits of theeach proposed psychotropic medicationmedication; intended for prescription;

(2) a foster parent shall notify the department within one working day after receiving a new prescription of a psychotropic medication for a child in e e 17 department custody placed with the foster parent;

(3) if a child is under fourteen years of age, e e n17 dor 18with (3) the departmentconsent shallof providea tochild over fourteen years of age, the =e =e ln ]d 1918 department shall provide to the child's parent and the parent's legal= representative,= ifl any,] a19 llegal rrepresentative, iif 20any, and the child's legal representativea orl ther court-appointedi t20 erepresentative a tnotice specialcontaining advocate the following information:

mt m 21 e da rt e 22 (a) the prescribed psychotropic cm em r21 ce 23d medication;

r e a22 nc be 24r c 23 (b) the amount of the dosage;

ue [a n b 24 (c) the dosage recommended pursuant to a .212008.3u -[ 2 - medically accepted indication;

.214178.2 - 2 - SPAC/SB 583 (d) the reason for prescribing the psychotropic medication;

(f) an assessment of any peer-reviewed medical literature relating to the usepossible inside childreneffects of the psychotropic medicationmedication; intended for prescription;

and (g) thea possiblelist sideof effectsall of the psychotropicmedications medication;that the child is prescribed;

and (4) the department and stakeholders, including medical providers, third-party health care payers and the courts, shall monitor the child's well-being while the child is taking psychotropic medication, including an annual review of medications by a licensed medicalpractitioner professional or qualified mental health professional with authoritytraining toin prescribechildren's drugs,mental health, who is not the prescriber of the psychotropic medication.

e e 17 B.

A psychotropic medication shall not be e e n17 d 18 prescribed for a child in department custody unless the =e =e ln ]d 1918 prescribed use of the psychotropic medication is for a a= = l r] i19 20 medically accepted indication that is age-appropriate and its ta el ar ti 20 proposed beneficial properties outweigh any risks identified in mt m 21 e da rt e 22 peer-reviewed medical literature relating to children's use of cm em r21 ce 23d the psychotropic medication.

r e a22 nc be 24r c 23 C.

Court reports for every judicial review shall ue [a n b 24 include a list of the child's prescribed psychotropic .212008.3medications, dosage, u [ reason, risks and side effects for a child under fourteen years .214178.2 - 3 - medications,SPAC/SB dosage,583 reason,of risksage andor, sidewith effects.the child's consent, for a child over fourteen years of age.

The legal representative of the childchild, or the child's youthparent, attorney may petition the courtchild, for a hearing if theover child'sfourteen parent,years the legal representative of theage, parent,or the legal representative of the childparent ormay thefile child'san youthobjection attorney objects to the use of or the prescribed dosage of the psychotropic medication.medication and request a hearing.

ThePursuant to a hearing requested pursuant to this subsection, the court may order:

(1) an independent evaluation of the need for or the prescribed dosage of the psychotropic medication;medication, which evaluation may include a team treatment meeting that includes the child's prescribing licensed practitioner, the child's clinicians, consulting physicians and other supports that the court deems relevant;

and (2) that administration of the psychotropic medication be discontinued or the prescribed dosage be modified e e 17 upon a showing that either the prescribed medication or the e e n d 18 dosage is, or both are, inappropriate.

= = l ] 19 E.

The assigned caseworker or foster parent shall not approve of a child taking any psychotropic medication without the approval of the child's licensed clinician, mental e e 17 health provider and parent or guardian.

e e n d 18 F.

=a = l ]r 19i 20 (1) coordinate with the children, youth and at le ra it 20 families department to provide information, training, data and tm em a21 te d support to monitor psychotropic medication trends and outliers;

m m 21 e d r e 22 and c e r c 23 and e a n b 24 (2) direct the medical assistance division of eu a[ n b 24 the human services department to provide the children, youth u.214178.2 [- 4 - SPAC/SB 583 and families department with a quarterly report of each child .212008.3 - 4 - in protective custody, which report shall include the name, number, dosage and type of psychotropic medication that the child uses.

G.F.

The children, youth and families department shall analyze the report that the human services department provides pursuant to Subsection FE of this section and consult with a board-certifiedlicensed childmental andhealth adolescentprofessional psychiatrist regarding any child who:

(1) is at least five years of age and has been prescribed twofour or more psychotropic medications;

H.G.

e e 17 (1) psychotropic medication prescribing e e 17n d 18 standards;

e= e= nl d] 1819 (2) statistics on the overuse of psychotropic =a = l ]r 19i 20 medications prescribed for children who are in protective at le ra it 20 custody;

and tm em a21 te d (3) mental health care best practices.

mr me 2122 c e d r ec 2223 I.H.

The human services department shall direct c e ra cn 23b 24 medicaid managed care organizations to:

eu a[ n b 24 (1) create a registry of all psychotropic u.214178.2 [- 5 - SPAC/SB 583 medications administered to, or self-administered by, children .212008.3 - 5 - in residential treatment centers, accredited residential treatment centers, group homes and treatment foster care facilities;

and e e 17 (3) alert the children, youth and families e e 17n d 18 department and the human services department when any child's e= e= nl d] 1819 psychotropic medication regime exceeds the "medically accepted =a = l ]r 19i 20 indication" standard.

at le ra it 20I. J.

t e a t (1) "medically accepted indication" means any m m 21 e d r(1) e"licensed 22practitioner" usemeans for a coveredlicensed outpatientr druge that22 is approved pursuant to c e r c 23 federalhealth lawcare orprofessional thewho usehas ofbeen whichauthorized isunder supportedstate by one or more e a n b 24 citationslaw includedto orprescribe approvedpsychotropic formedications; inclusion in any of the u [ following compendia: