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IN SB0229
Bill
Status
1/3/2019
Primary Sponsor
Ronald Grooms
Click for details
AI Summary
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Requires the Indiana Department of Child Services to employ or contract with licensed child and adolescent psychiatrists to review all requests to administer psychotropic medication to foster children, effective January 1, 2020
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Mandates Medicaid restrictions on mental health drugs for children under 18 when federal financial participation is unavailable or when the child is in DCS out-of-home placement
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Establishes specific review timelines: 24 hours for acute care settings, 48 hours for outpatient settings, with department consent valid for 180 days before requiring renewal
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Requires licensed residential child care facilities to obtain written prescriber instructions and DCS consent before administering psychotropic medications, and maintain detailed records updated at least every 30 days
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Permits emergency administration of psychotropic medication without prior DCS consent when a child poses danger to self or others and no other intervention will mitigate the danger, with consent request required within 24 hours
Legislative Description
Psychotropic medication in foster care. Requires Medicaid restrictions on mental health drugs if: (1) federal financial participation is not available for reimbursement for the prescription; or (2) the child is under the care and supervision of the department of child services (department). Beginning January 1, 2020, requires the department to employ or contract with consultants who are licensed child and adolescent psychiatrists to review and provide written determinations and recommendations for each request to administer psychotropic medication to a child under the care and supervision of the department. Requires the department to: (1) approve a request for consent of a psychotropic medication if the consultant determines the requested psychotropic medication is appropriate and recommends approval of the request; and (2) deny a request for consent of a psychotropic medication if the consultant recommends denial of consent for the psychotropic medication. Sets forth time frames for review of the request for consent concerning psychotropic medication. Requires the department to develop a report to quarterly monitor prescriptions of psychotropic medication for children under the care and supervision of the department and provide the report to the mental health Medicaid quality advisory committee. Requires residential child care entities licensed by the department to: (1) obtain written instructions and consents before providing psychotropic medication to a child; and (2) maintain a record of information regarding the administration of psychotropic medication to a child. Allows for psychotropic medication to be administered without consent of the department in an emergency under specified circumstances and requires consent to be requested within 24 hours of the administration of the initial dose of medication.
Last Action
Senators Breaux and Ford J.D. added as coauthors
2/12/2019