HB 0826

AN ACT establishing a limited moratorium on the use of psychotropic drugs and requiring the attorney general to study the use of such drugs.

SPONSORS: Rep. Ingbretson, Graf 13; Rep. Crane, Hills 59; Rep. Gilman, Graf 9; Rep. Kennedy, Merr 34; Rep. McElroy, Hills 61

This bill establishes a limited moratorium on the use of psychotropic drugs by certain persons. The bill requires the attorney general to study the use of such drugs by school children.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Controlled Drug Act; Psychotropic Drugs; Moratorium on the Use Of Psychotropic Drugs by School Children. There is hereby established a 2-year moratorium on the use of psychotropic drugs by school children, unless prescribed by a psychiatrist for the purpose of healing a diagnosed mental illness and with informed parental consent.

I. The attorney general, or designee, shall conduct a study relative to the use of psychotropic drugs by school children in this state. The study shall include but not be limited to the following:

(a) Whether the amount of psychotropic drugs used on school children in New Hampshire is twice the national average and, if so, why.

(b) Whether the amount of psychotropic drugs used on the children of West Lebanon is 16 times the national average and, if so, why.

(e) Whether school-recommended psychotropic drugs have become the illicit drugs of choice among New Hampshire's school children.

(f) Whether drugs like Ritalin are being snorted by school children for a cocaine-like high.

(g) Whether these drugs lead to deleterious behaviors from anti-social violence, to suicide and depression, loss of motivation, drug addiction and other behaviors.

(h) Whether 200 children have died nationwide in the last 10 years by the use of these drugs and how.

(i) Whether liability for death and other damage by the use of these drugs is likely to hit the state of New Hampshire harder than other states and what the likely costs will be per suit.

(j) Whether citizens of New Hampshire who have been on Ritalin and other psychotropic drugs are being discriminated against in the military and other areas.

(k) Whether there is or is not an actual disease or mental disorder for which these drugs are being prescribed.

(l) Whether doctors are prescribing these drugs without proper diagnosis on the basis of school staff recommendations.

(m) Whether parents are being pressured to put their children on these drugs by school staff, child services and others.

(n) Whether parents are fully informed of the potential side effects of these drugs.

(o) Whether or to what extent drug companies have been responsible for the creation and promotion of ADHD as a legitimate mental illness.

II. The attorney general shall make a report, together with the findings and recommendations for any proposed legislation, to the speaker of the house of representatives, the president of the senate, and the governor on or before December 31, 2005.

The Department of Justice stated this bill will increase state expenditures by $50,000 in FY 2004. The Departments of Education and Health and Human Services indicated this bill will have an indeterminable fiscal impact on state, county and local revenue and expenditures.

The Department of Justice stated it could not complete the study mandated by this bill without additional resources. The Department assumed it would hire an outside contractor to complete the study at a cost of at least $50,000.

The Department of Education was not able to determine the fiscal impact of this bill. The Department assumed additional costs may result from increased discipline problems, health care provider costs, and incarceration costs, and possible savings may result from the medications not used.

The Department of Health and Human Services made the following assumptions:

· Pediatricians and family physicians prescribe most psychotropic medications for school children, not psychiatrists.

· There is a shortage of child psychiatrists in New Hampshire resulting in waiting lists for services at the Community Mental Health Centers.

· In the year 2001, 9,675 schoolchildren eligible for Medicaid were prescribed psychotropic medications.

· Psychotropic medications include anti-psychotics, anti-depressants, hypnotics, mood stabilizers, stimulants, benzodiazepines and others.

· In 2001, $4,743,552 in Medicaid expenditures for psychotropic drugs were prescribed to school children, of which the state share was 50% or about $2,371,776. There would be a decrease in Medicaid expenditures, as children eligible for Medicaid without access to a psychiatrist would not receive medicine.

· Inability to access the drugs would likely result in an increase in hospitalization at the Philbrook Center, an increase in the teen suicide rate, increased disruptions in school resulting in more specialized placements, and additional costs at the Community Mental Health Centers.