Psychotropic medication oversight pilot program.

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Affected by 63I-1-262 on 7/1/2024

Effective 5/5/2021
62A-4a-213. Psychotropic medication oversight pilot program.
  • (1) As used in this section, "psychotropic medication" means medication prescribed to affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant, anxiolytic, or behavior medication.
  • (2) The division shall, through contract with the Department of Health, establish and operate a psychotropic medication oversight pilot program for children in foster care to ensure that foster children are being prescribed psychotropic medication consistent with their needs.
  • (3) The division shall establish an oversight team to manage the psychotropic medication oversight program, composed of at least the following individuals:
    • (a) an "advanced practice registered nurse," as defined in Section 58-31b-102, employed by the Department of Health; and
    • (b) a child psychiatrist.
  • (4) The oversight team shall monitor foster children:
    • (a) six years old or younger who are being prescribed one or more psychotropic medications; and
    • (b) seven years old or older who are being prescribed two or more psychotropic medications.
  • (5) The oversight team shall, upon request, be given information or records related to the foster child's health care history, including psychotropic medication history and mental and behavioral health history, from:
    • (a) the foster child's current or past caseworker;
    • (b) the foster child; or
    • (c) the foster child's:
      • (i) current or past health care provider;
      • (ii) natural parents; or
      • (iii) foster parents.
  • (6) The oversight team may review and monitor the following information about a foster child:
    • (a) the foster child's history;
    • (b) the foster child's health care, including psychotropic medication history and mental or behavioral health history;
    • (c) whether there are less invasive treatment options available to meet the foster child's needs;
    • (d) the dosage or dosage range and appropriateness of the foster child's psychotropic medication;
    • (e) the short-term or long-term risks associated with the use of the foster child's psychotropic medication; or
    • (f) the reported benefits of the foster child's psychotropic medication.
  • (7)
    • (a) The oversight team may make recommendations to the foster child's health care providers concerning the foster child's psychotropic medication or the foster child's mental or behavioral health.
    • (b) The oversight team shall provide the recommendations made in Subsection (7)(a) to the foster child's parent or guardian after discussing the recommendations with the foster child's current health care providers.
  • (8) The division may adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this section.
  • (9) The division shall report to the Child Welfare Legislative Oversight Panel regarding the psychotropic medication oversight pilot program by October 1 of each even numbered year.




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