(a) (1) The State Department of Social Services, in consultation with the State Department of Health Care Services, shall contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county. To the extent feasible, the second opinion review shall occur within three business days of the county request and shall include discussion of the psychosocial interventions that have been or will be offered to the child and caretaker, if appropriate, to address the behavioral health needs of the child.
(2) (A) Recommended indicators for identifying those requests for authorizations of psychotropic medications for which a county may request a second opinion record review may include, but are not limited to, prescriptions for concurrent psychotropic medications, dosages that exceed recommended guidelines for use in children, off-label prescribing, and requests for psychotropic medication usage without any other concurrent psychosocial services.
(B) The State Department of Social Services shall, by July 1, 2018, issue guidance regarding the second opinion review process and may periodically revise that guidance following consultation with counties, other state departments, advocates for children and youth, and other stakeholders.
(3) The child psychiatry services contracted for by the State Department of Social Services shall be available to provide second opinion reviews to those counties that do not have a second opinion review program. This section does not prohibit a county from operating its own second opinion review program and does not supersede any county-operated second opinion review program.
(4) This section does not prevent the administration of medication in an emergency, as otherwise authorized or required by law or regulation.
(b) The State Department of Health Care Services shall seek any necessary federal approvals to obtain federal financial participation for the second opinion review service pursuant to this section, including any approvals necessary to obtain enhanced federal financial participation as applicable. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, any necessary federal approvals are obtained by the department and federal financial participation is available and is not otherwise jeopardized.
(Added by Stats. 2017, Ch. 24, Sec. 11. (SB 89) Effective June 27, 2017.)
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