§ 7-1305.06c. Psychotropic medication review.

Current through October 23, 2012

(a) By April 15, 2009, the DDS shall complete a psychotropic medication review for all individuals served by DDS.

(b) By October 17, 2008, the DDS shall establish written procedures, which shall include timelines and shall identify responsible entities or individuals, for promptly implementing the recommendations for each individual identified by the psychotropic medication review.

(c) The psychotropic medication review shall be conducted by a review team that includes professionals with expertise in the prescription, use, and side effects of psychotropic medications as therapy for individuals who have been dually diagnosed with intellectual disabilities and mental illness.

(d) DDS shall establish in writing:

(1) Procedures for an initial administrative review of psychotropic medication prescriptions for all individuals served by DDS;

(2) Procedures and criteria for determining which individuals receive only an initial administrative review of psychotropic medications, and which individuals also receive a more detailed clinical review of psychotropic medications; and

(3) Criteria for screening and determining the clinical appropriateness of each psychotropic medication prescribed for each individual.

(e) The review team shall complete the initial administrative review of psychotropic medications. The initial administrative review of psychotropic medications shall determine, at minimum, for each individual served by DDS:

(1) All prescribed psychotropic medications;

(2) The diagnosis justifying each prescription;

(3) The provision of informed consent for each prescription;

(4) The presence of an accompanying behavioral plan; and

(5) Any other mental health services being provided to the individual.

(f) The review team shall conduct a clinical review of psychotropic medications when the initial administrative review meets the review team's criteria indicating that a detailed clinical review of the individual's psychotropic medication is warranted. The clinical review shall seek to determine the clinical appropriateness of each prescribed psychotropic medication and the potential for alternative approaches. The clinical review shall include, at a minimum, interviews with the individual, the prescribing professional, and the individual's residential and day service providers, if any.

(g) By no later than 30 days after completing a psychotropic medication review of an individual, the review team shall issue a written report, which shall include recommendations for:

(1) Continued use, modification, or termination of psychotropic medication;

(2) Potential use of alternative approaches, including therapies, behavioral plans, skill development, and environmental modifications;

(3) Informed consent, if informed consent has not been provided; and

(4) Development of a behavioral plan, if no behavioral plan is present.

(h) A copy of the written report of the review team shall be appended to the individual's individual habilitation plan and shall be provided to:

(1) The individual;

(2) The individual's legal representative, if any;

(3) The individual's advocate for a person with an intellectual disability, if any;

(4) The individual's DDS case manager;

(5) Other persons identified in the individual's individual habilitation plan as reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210, if any;

(6) The individual's residential service provider; and

(7) The Quality Trust for Individuals with Disabilities, Inc.

                
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(Mar. 3, 1979, D.C. Law 2-137, § 506c, as added Oct. 22, 2008, D.C. Law 17-249, § 5(d), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169, § 17(kk), 59 DCR 5567.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 19-169 substituted "all individuals served by DDS" for "all DDS customers", "each individual" for "each customer", "intellectual disabilities" for "mental retardation" , "each individual served by DDS" for "which customers", "the individual" for "the customer", "the individual's" for "the customer's", "an individual" for "a customer", and "advocate for a person with an intellectual disability" for "mental retardation advocate"; in subsec. (c), substituted "for individuals" for "for customers"; and rewrote subsec. (h)(5), which formerly read:

"(5) The individuals identified in the customer's individual habilitation plan as reasonably available, mentally capable, and willing to provide substituted consent pursuant to § 21-2210, if any;"

Temporary Addition of Section

For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).

For temporary (225 day) addition, see § 4(d) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).

Emergency Act Amendments

For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).

For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).

For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).

For temporary (90 day) addition, see § 4(d) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).

For temporary (90 day) addition, see § 5(d) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).

Legislative History of Laws

For Law 17-249, see notes following § 7-1203.03.

For history of Law 19-169, see notes under § 7-761.02.