No. 40933 (New Rule): Rule R512-311. Out-of-Home Services.Psychotropic Medication Oversight Panel

(New Rule)

DAR File No.: 40933
Filed: 11/02/2016 08:46:04 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being created in response to S.B. 82 (2016 General Session).

Summary of the rule or change:

This rule is being created in accordance with S.B. 82 (2016) to outline the requirements of the Psycho Medication Review Panel.

Statutory or constitutional authorization for this rule:

• Section 62A-4a-213
• Section 62A-4a-102
• Section 62A-4a-104

Anticipated cost or savings to:

the state budget:

There will be a cost of approximately $218,100 to the ongoing state general fund and a one-time cost of $25,600. This is to fund the child psychiatrist and the advanced practice nurse required to do the psychotropic medication oversight, as well as developmental costs for the program.

local governments:

Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

small businesses:

Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

persons other than small businesses, businesses, or local governmental entities:

There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already existing budgets.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing the changes to this rule because these changes are not fiscal in nature.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no costs or savings on businesses.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Human Services
Child and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at [e-mail]
• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2017

This rule may become effective on:

01/10/2017

Authorized by:

Brent Platt, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-311. Out-of-Home Services. Psychotropic Medication Oversight Panel.

R512-311-1. Purpose and Authority.

(1) The purpose of this rule is to establish and operate a psychotropic medication oversight panel for children in the custody of Child and Family Services to ensure that foster children are being prescribed psychotropic medication consistent with their needs.

(2) This rule is authorized by Sections 62A-4a-102, 62A-4a-104, and 62A-4a-213.

 

R512-311-2. Definitions.

(1) "Advanced Practice Registered Nurse" is defined in Section 58-31b-102.

(2) "Child" is defined in Section 62A-4a-101.

(3) "Child and Family Services" means the Division of Child and Family Services, Department of Human Services.

(4) "Fostering Healthy Children nurse" is a nurse assigned to each child in foster care through the Fostering Healthy Children program administered by the Department of Health.

(5) "Oversight Panel" means the Psychotropic Medication Oversight Panel.

(6) "Psychotropic medication" is defined in Section 62A-4a-213.

 

R512-311-3. Composition of the Oversight Panel.

(1) The Oversight Panel shall be comprised, at minimum, of an Advanced Practice Registered Nurse and a child psychiatrist. Other individuals may be added to the panel as resources permit and when Child and Family Services determines it to be necessary.

 

R512-311-4. Duties of the Oversight Panel.

(1) The Oversight Panel shall monitor foster children:

(a) six years old or younger who are being prescribed one or more psychotropic medication; and

(b) seven years old or older who are being prescribed two or more psychotropic medications.

(2) The children shall be referred to the Oversight Panel by the Fostering Healthy Children nurse.

(3) The Oversight Panel may request information and/or records related to the foster child's health care history, including psychotropic medication history and mental and behavioral health history , including trauma assessment and trauma treatment history, from the foster child's current or past caseworker; the foster child; the foster parents; the natural parents; the legal guardians from whom the child was removed; and/or the foster child's current or past health care provider. The caseworker and/or nurse shall assist in obtaining the information and records requested by the oversight.

(4) T he Oversight Panel may review and monitor information about the foster child, 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.

(5) The oversight Panel shall provide these recommendations to the foster child's parent or legal guardians from whom the child was removed, and to the child's caseworker after discussing the recommendations with the foster child's current health care providers.

 

KEY: child welfare

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-213

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