An Act To Ensure the Safety of Children in the MaineCare Program Who Are Prescribed Antipsychotic Medications
Maine Legislature, Session 125, LD 0646
Committee: Health and Human Services
Sponsors: WELSH, CRAVEN, KRUGER, STRANG BURGESS, RECTOR
Amends: 22 MRSA §3174-Q

Legislative Document 
No. 646 
H.P. 476 
House of Representatives, February 17, 2011 
An Act To Ensure the Safety of Children in the MaineCare Program 
Who Are Prescribed Antipsychotic Medications 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WELSH of Rockport. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: KRUGER of Thomaston, STRANG BURGESS of Cumberland, Senator: 
RECTOR of Knox. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3174-QQ is enacted to read: 
§3174-QQ.  Antipsychotic medication for children 
Beginning January 1, 2012, the department shall provide coverage for antipsychotic 
medication to a MaineCare member who is a child in accordance with this section. 
1.  Approved treatment.  Antipsychotic medication may be provided to a 
MaineCare member who is a child for a treatment that has been approved by the United 
States Department of Health and Human Services, Food and Drug Administration, when 
prescribed for a treatment approved by that agency.  A health care provider who 
prescribes an antipsychotic medication under this subsection shall document in the child's 
health care record the child's diagnosis, the prescribed medication, dosage and length of 
treatment and the regimen that the health care provider will follow to monitor the drug's 
effectiveness and possible side effects. 
2.  Off-label treatment.  Antipsychotic medication may be provided to a MaineCare 
member who is a child for a treatment that has not been approved by the United States 
Department of Health and Human Services, Food and Drug Administration, when 
prescribed in accordance with this subsection.  A health care provider who prescribes an 
antipsychotic medication under this subsection shall document in the child's health care 
record: 
A.  The child's clearly defined symptoms and diagnosis; the prescribed medication, 
dosage and length of treatment; the treatment goals; and the use of behavioral 
therapies, nonpharmacological interventions and other prescription medications; and 
B.  The regimen that the health care provider will follow to monitor effectiveness and 
possible side effects, which must include a follow-up appointment within 3 months 
and regular biannual or more frequent monitoring of the drug's effectiveness and 
possible side effects and of the child's response to treatment. 
3.  Rulemaking.  The department shall adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill provides specific requirements for the provision of antipsychotic 
medications to children in the MaineCare program.  It provides for uses approved and for 
uses not approved by the United States Department of Health and Human Services, Food 
and Drug Administration.  It provides for documentation in the child's health care record 
and for monitoring for effectiveness and side effects.  It directs the Department of Health 
and Human Services to adopt routine technical rules to implement the new requirements.