HB 120 - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 120 - AS INTRODUCED
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:
1 1 New Paragraphs; Delinquent Children; Definitions Added. Amend RSA 169-B:2 by inserting
2 after paragraph XIII the following new paragraphs:
3 XIII-a “Psychotropic medication” means a drug prescribed by a licensed medical
4 practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.
5 XIII-b. “Medication restraint” means the prescribing of a psychotropic medication without a
6 clinical diagnosis for the purpose of controlling behavior.
7 2 Delinquent Children; Treatment Plan Involving the Use of Psychotropic Medication. Amend
8 RSA 169-B:23 to read as follows:
9 169-B:23 Orders for Physical Examination and Treatment. If it is alleged in any petition, or it
10 appears at any time during the progress of the case, that a delinquent is in need of physical
11 treatment, the failure to receive which is a contributing cause of delinquency, due notice of that fact
12 shall be given as provided in RSA 169-B:7. If the court, upon hearing, finds that such treatment is
13 reasonably required, it shall be ordered and the expense thereof shall be borne as provided in RSA
14 169-B:40. The use of medication restraint shall be limited as provided in RSA 126-U.
15 3 New Paragraphs; Child Protection Act; Definitions Added. Amend RSA 169-C:3 by inserting
16 after paragraph XXV-a the following new paragraphs:
17 XXV-b. “Psychotropic medication” means a drug prescribed by a licensed medical
18 practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.
19 XXV-c. “Medication restraint” means the prescribing of a psychotropic medication without a
20 clinical diagnosis for the purpose of controlling behavior.
21 4 New Paragraph; Duties of the Department of Health and Human Services Under the Child
22 Protection Act; Oversight of Children in Foster Care Receiving Psychotropic Medication. Amend
23 RSA 169-C:34 by inserting after paragraph VIII the following new paragraph:
24 IX. The use of medication restraint shall be limited as provided in RSA 126-U.
25 5 New Paragraphs; Children in Need of Services (CHINS); Definitions Added. Amend RSA 169-
26 D:2 by inserting after paragraph XIII the following new paragraphs:
27 XIII-a. “Psychotropic medication” means a drug prescribed by a licensed medical
28 practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.
29 XIII-b. “Medication restraint” means the prescribing of a psychotropic medication without a
30 clinical diagnosis for the purpose of controlling behavior.
HB 120 - AS INTRODUCED
- Page 2 -
1 6 New Paragraph; Children in Need of Services; Oversight of Children in Foster Care Receiving
2 Psychotropic Medication. Amend RSA 169-D:17 by inserting after paragraph VIII the following new
3 paragraph:
4 IX. The department shall ensure that, when psychotropic medication is prescribed for
5 children in foster care, appropriate medication monitoring is provided pursuant to current American
6 Academy of Child and Adolescent Psychiatry (AACAP) Standards.
7 7 New Subparagraph; Residential Care and Child Placing Agency Licensing; Compliance with
8 Rules Relative to the Use of Psychotropic Medication in Children. Amend RSA 170-E:34, I by
9 inserting after subparagraph (h) the following new subparagraph:
10 (i) Compliance with RSA 126-U, regarding the use of physical and medication restraint.
11 8 New Paragraphs; Services for Children, Youth and Families; Definitions Added. Amend RSA
12 170-G:1 by inserting after paragraph VII the following new paragraphs:
13 VIII. “Psychotropic medication” means a drug prescribed by a licensed medical practitioner,
14 to treat illnesses that affect psychological functioning, perception, behavior, or mood.
15 IX. “Medication restraint” means the prescribing of a psychotropic medication without a
16 clinical diagnosis for the purpose of controlling behavior.
17 9 New Paragraph; Duties of the Department of Health and Human Services; Medication
18 Monitoring for Children in Foster Care Receiving Psychotropic Medication. Amend RSA 170-G:4 by
19 inserting after paragraph XXII the following new paragraph:
20 XXIII.(a) Ensure that medication monitoring is provided for children in foster care receiving
21 psychotropic medication pursuant to current American Academy of Child and Adolescent Psychiatry
22 (AACAP) Standards and that any use of medication restraint conforms with the limitations in RSA
23 126-U.
24 (b) Beginning November 1, 2022, and annually thereafter, report to the joint legislative
25 oversight committee on health and human services established in RSA 126-A:13 regarding the use of
26 psychotropic medications by children in foster care and compliance with the limitations on
27 medication restraint in RSA 126-U. Such report shall include a description of progress during the
28 preceding fiscal year toward compliance with the recommendations of the September 2018 report of
29 the United States Department of Health and Human Services, Office of the Inspector General
30 entitled “Treatment Planning and Medication Monitoring Were Lacking for Children in Foster Care
31 Receiving Psychotropic Medication.” Such description shall include statistical information regarding
32 the number of children in foster care, the number of such children receiving treatment with
33 psychotropic medications, the total Medicaid expenditures for psychotropic medications for such
34 children, and the diagnoses of such children. In addition, the report shall include statistical
35 information regarding the number of children in foster care receiving treatment with psychotropic
36 medications who have treatment plans and medication monitoring as required by statute,
37 regulation, and department procedures.
HB 120 - AS INTRODUCED
- Page 3 -
1 10 New Subparagraph; Confidentiality of Department Case Records; Access by Licensed Medical
2 Practitioner. Amend RSA 170-G:8-a, II(b) by inserting after subparagraph (5) the following new
3 subparagraph:
4 (6) A licensed medical practitioner who is overseeing the use of psychotropic
5 medication prescribed to the child.
6 11 New Paragraph; Foster Care Children's Bill of Rights. Amend RSA 170-G:21 by inserting
7 after paragraph II the following new paragraph:
8 II-a. To receive appropriate medical supervision of any prescribed psychotropic medications.
9 12 Effective Date. This act shall take effect January 1, 2022.
Statutes affected: Introduced: 169-B:2, 169-C:3, 169-D:17, 170-E:34, 170-G:1, 170-G:4, 170-G:8-a, 170-G:21
latest version: 169-B:2, 169-B:23, 169-C:3, 169-C:34, 169-D:2, 169-D:17, 170-E:34, 170-G:1, 170-G:4, 170-G:8-a, 170-G:21