Report Title:

Mental Health Prescription Drugs

Description:

Requires that the department of human services shall not restrict physicians from prescribing to mental health patients any prescription drugs approved by the FDA to treat mental health patients that the physician considers appropriate in treating a mental health patient; applicable to Rx program and medicaid expansion prescription drug program.

HOUSE OF REPRESENTATIVES

H.B. NO.

2882

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to mental health prescription drugs.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346- Mental health prescription drugs. (a) The department shall not restrict by a: prior or retroactive approval process; restrictive formulary; therapeutic substitution; or preferred drug list, a physician's ability to treat a mental health patient with any prescription drug:

(1) That has been approved and designated by the United States Food and Drug Administration as a safe and effective drug for treating mental health conditions; and

(2) That the physician, in the physician's professional judgment and lawful scope of the physician's medical practice, considers appropriate for the treatment of a mental health patient.

(b) This section also shall apply to the Rx program established under section 346-312 and to the medicaid prescription drug expansion program established under section 346-59.8."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________