75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3114
Sponsored by Representative KOTEK; Representative TOMEI, Senators
BATES, BONAMICI, BURDICK, DEVLIN, DINGFELDER, HASS, MONNES
ANDERSON, MONROE, ROSENBAUM, SCHRADER, WALKER
CHAPTER ................
AN ACT
Relating to psychotropic medications for children in foster care;
creating new provisions; and amending ORS 418.517.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 418.517 is amended to read:
418.517. (1) The Department of Human Services shall develop by
rule procedures for the use of psychotropic medications for
children placed in foster care by the department.
(2) The procedures shall include but not be limited to:
{ + (a) Required assessment by a qualified mental health
professional or licensed medical professional, with expertise in
children's mental health, as defined by rule of the department
prior to issuance of a new prescription for more than one
psychotropic medication or any antipsychotic medication, except
in case of urgent medical need as defined by rule. + }
{ - (a) - } { + (b) + } Required notice by the foster
parent to the department within one working day after receiving a
new prescription of the psychotropic medication.
{ - (b) - } { + (c) + } Required timely notice by the
department to the child's parent and the parent's legal
representative, if any, and the child's legal representative or
the court appointed special advocate containing the following
information:
(A) The prescribed psychotropic medication;
(B) The amount of the dosage;
(C) The dosage recommended { - by the manufacturer or the
United States Food and Drug Administration - } { + pursuant to
a medically accepted indication + };
(D) The reason for the medication;
(E) The efficacy of the medication; and
(F) The side effects of the medication.
{ - (c) - } { + (d) + } Specified follow-up and monitoring
by the department of a child taking psychotropic medication { +
including, but not limited to, an annual review of medications by
a licensed medical professional, or qualified mental health
professional with authority to prescribe drugs, other than the
prescriber, if the child has more than two prescriptions for
psychotropic medications or if the child is under the age of six
years + }.
Enrolled House Bill 3114 (HB 3114-A) Page 1
{ + (3) A psychotropic medication may not be prescribed for a
child under this section unless it is used for a medically
accepted indication that is age appropriate. + }
{ - (3) - } { + (4) + } Any parent, legal representative of
the parent, legal representative of the child or court appointed
special advocate may petition the juvenile court for a hearing if
the parent, the representative of the parent, if any, the legal
representative of the child or the advocate objects to the use of
or the prescribed dosage of the psychotropic medication. The
court may order an independent evaluation of the need for or the
prescribed dosage of the medication. The court may order that
administration of the medication be discontinued or the
prescribed dosage be modified upon a showing that either the
prescribed medication or the dosage, or both, are inappropriate.
{ - (4) - } { + (5) + } As used in this section { - , - }
{ + :
(a) 'Medically accepted indication' means any use for a covered
outpatient drug that is approved under the Federal Food, Drug and
Cosmetic Act, or recommended by the Drug Use Review Board, or the
use of which is supported by one or more citations included or
approved for inclusion in any of the following compendia:
(A) American Hospital Formulary Services drug information;
(B) United States Pharmacopoeia drug information or any
successor publication;
(C) The DRUGDEX Information System; or
(D) The peer-reviewed medical literature.
(b) + } 'Psychotropic medication' means medication the
prescribed intent of which is to affect or alter thought
processes, mood or behavior, including but not limited to
antipsychotic, antidepressant and anxiolytic medication and
behavior medications. The classification of a medication depends
upon its stated, intended effect when prescribed because it may
have many different effects.
SECTION 2. { + The amendments to ORS 418.517 by section 1 of
this 2009 Act become operative on June 30, 2010. + }
SECTION 3. { + The Department of Human Services may take any
action before the operative date specified in section 2 of this
2009 Act necessary to enable the department to develop the
procedures required by the amendments to ORS 418.517 by section 1
of this 2009 Act on and after the operative date specified in
section 2 of this 2009 Act. + }
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Enrolled House Bill 3114 (HB 3114-A) Page 2
Passed by House June 17, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 23, 2009
...........................................................
President of Senate
Enrolled House Bill 3114 (HB 3114-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3114 (HB 3114-A) Page 4