------------------------------------------------------------ ¦ REFERENCE TITLE: children; psychiatric medication; consent ¦ ------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ------------------------------------------------------------ ¦ HB 2401 ¦ ------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Anderson, Blendu: Flake, Knaperek, Robson ¦ ------------------------------------------------------------
AN ACT
AMENDING TITLE 8, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 12; RELATING TO THE ADMINISTRATION OF PSYCHIATRIC DRUGS TO CHILDREN.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, Arizona Revised Statutes, is amended by adding chapter 12, to read:
CHAPTER 12
ADMINISTRATION OF PSYCHIATRIC DRUGS TO CHILDREN
ARTICLE 1. GENERAL PROVISIONS
8-1101. Administration of psychiatric drug or medication; parental consent; tracking system; violation; classification; definition
A. A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 AND WHO WISHES TO PLACE A CHILD ON A PSYCHIATRIC DRUG OR MEDICATION SHALL FIRST:
1. OBTAIN THE SIGNED INFORMED CONSENT OF THE CHILD'S PARENT OR LEGAL GUARDIAN. IF THE CHILD IS A WARD OF THE STATE, THE PHYSICIAN SHALL OBTAIN THE CONSENT OF THE CHILD'S GUARDIAN.
2. ALLOW A PEDIATRICIAN CHOSEN BY THE CHILD'S PARENT OR LEGAL GUARDIAN TO CONDUCT A PHYSICAL EXAMINATION OF THE CHILD. THE EXAMINATION SHALL TEST FOR ALLERGIES, THYROID FUNCTION, ENDOCRINE FUNCTION, NUTRITIONAL PROBLEMS, COMMON MEDICATION SENSITIVITIES AND ADVERSE REACTIONS TO ENVIRONMENTAL FACTORS.
3. ADDRESS ANY MEDICAL CONDITIONS THAT ARE DISCOVERED PURSUANT TO PARAGRAPH 2 OF THIS SUBSECTION.
B. THE DEPARTMENT OF HEALTH SERVICES SHALL TRACK ANNUALLY THE NUMBER OF PSYCHIATRIC DRUGS OR MEDICATIONS PRESCRIBED FOR CHILDREN IN THIS STATE. THE DEPARTMENT SHALL SUBMIT A REPORT OF ITS FINDINGS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ON OR BEFORE NOVEMBER 15 EACH YEAR. THE DEPARTMENT SHALL PROVIDE A COPY OF THIS REPORT TO THE SECRETARY OF STATE AND THE DIRECTOR OF THE ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS. THE REPORT SHALL NOT CONTAIN THE NAMES OF ANY CHILD OR ANY CHILD'S PARENT OR LEGAL GUARDIAN. A PHYSICIAN SHALL COOPERATE WITH DEPARTMENT REQUESTS FOR INFORMATION.
C. A PHYSICIAN WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 3 MISDEMEANOR AND COMMITS AN ACT OF UNPROFESSIONAL CONDUCT.
D. FOR THE PURPOSES OF THIS SECTION, "PSYCHIATRIC DRUG OR MEDICATION" MEANS:
1. ANTICONVULSANTS.
2. ANTIDEPRESSANTS.
3. BEZADIAZEPINES.
4. NEUROLEPTICS.