Amends Act 239, SLH 2005, by prohibiting DHS from restricting a physician's ability to treat a fee-for-service mental health consumer with psychotropic medications that have been approved by the FDA and are considered appropriate within the scope of the physician's practice for the treatment of a mental health consumer. Removes the pre-authorization exemption for psychotropic medication and the requirement that DHS report on the utilization and cost of the Act. Removes the exemption for QUEST medical plans. (HB3105 HD1)

A BILL FOR AN ACT

SECTION 1. Act 239, Session Laws of Hawaii 2005, is amended as follows:

1. By amending section 2 to read:

"SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding [two] a new [sections] section to be appropriately designated and to read as follows:

"§346- Psychotropic medication. [(a) The department shall not impose any restriction or limitation on the coverage for, or a recipient's access to, psychotropic medication; provided that the psychotropic medication shall be prescribed by a licensed psychiatrist or by a licensed physician in consultation with a psychiatrist duly licensed in the State.]

(a) The department shall not restrict by any prior or retroactive approval process, restrictive formulary, therapeutic substitution, or preferred drug list a physician's ability to treat a fee-for-service mental health consumer with psychotropic medications that:

(b) As used in this section:

"Consultation" means communication by telephone, electronically, or [face to face] face-to-face by a licensed psychiatrist and a licensed physician, during which the psychiatrist concurs with the prescription made. The psychiatrist's concurring opinion shall be documented in the recipient's medical record.

"Psychotropic medication" means only those agents approved by the United States Food and Drug Administration for the treatment of mental or emotional disorders.

(c) This section shall not apply to QUEST medical plans.

[346- Pre-authorization exemption for psychotropic medication. (a) A licensed physician may prescribe psychotropic medication pursuant to the laws of this State to an individual who is medicaid eligible without the requirement of any preauthorization procedure otherwise required by any other provision of this chapter; provided that the individual is in need of emergency psychiatric or psychological service.

(b) As used in this section:

"Emergency psychiatric or psychological service" means immediate administration or prescription of psychotropic medication not to exceed seven days by a licensed physician is required to avoid or mitigate significant adverse effects to the individual's mental or emotional condition.

"Psychotropic medication" means only those agents approved by the United States Food and Drug Administration for the treatment of mental or emotional disorders.

(c) This section shall not apply to QUEST medical plans.]""

2. By repealing section 3.

["SECTION 3. The department of human services shall report to the legislature no later than twenty days before the convening of the regular session of 2007. The report shall include:

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.