Report Title:

Mental Health Prescription Drugs

Description:

Prohibits restrictions upon a physician's ability to prescribe FDA-approved mental health medications under the Hawaii Rx and medicaid prescription drug expansion programs.

THE SENATE

S.B. NO.

3127

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 prior or retroactive approval process, restrictive formulary, therapeutic substitution, or preferred drug classification, a physician's ability to treat a patient with mental health medications that have been approved and designated as safe by the Food and Drug Administration, and that the physician, in the physician's professional judgment and within the lawful scope of the physician's practice, considers appropriate for the treatment of that patient's mental health.

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

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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