NRS432B.4687. Considerations for approval of administration of psychotropic medication to child; written consent for administration of such medication or notice of denial; other required approval.

      1.  A person who is legally responsible for the psychiatric care of a child who is in the custody of an agency which provides child welfare services shall approve or deny the administration of a psychotropic medication to the child:

      (a) After considering the purpose, benefits, risks, alternatives, side effects and complications of each psychotropic medication recommended by the person professionally qualified in the field of psychiatric mental health who treats the child;

      (b) After considering any additional information provided by the person professionally qualified in the field of psychiatric mental health who treats the child;

      (c) After considering the possible clinical indications to suspend or terminate the psychotropic medication and the potential consequences of such an action; and

      (d) In accordance with the policies adopted by the agency which provides child welfare services pursuant to NRS 432B.197.

      2.  If a person who is legally responsible for the psychiatric care of a child:

      (a) Approves the administration of a psychotropic medication to the child, the person shall provide written consent to the person professionally qualified in the field of psychiatric mental health, the agency which provides child welfare services and the foster parent or other provider of substitute care for the child for the administration of the psychotropic medication. The written consent must include:

             (1) The name of the child;

             (2) The name, address and telephone number of the person who is legally responsible for the psychiatric care of the child;

             (3) The name, purpose and expected time frame for improvement for each medication;

             (4) The dosage, times of administration and, if applicable, the number of units at each administration of the medication which may be administered to the child;

             (5) The duration of the course of treatment for the administration of the medication;

             (6) A description of the possible risks, side effects interactions with other medications or foods, and complications of the medication; and

             (7) If applicable, the specific authorization required by subsection 4.

      (b) Denies the administration of a psychotropic medication to the child, the person shall provide written notice of the denial to the agency which provides child welfare services.

      3.  Except as otherwise provided in NRS 432B.4689, the foster parent or other provider of substitute care for a child in the custody of an agency which provides child welfare services shall not administer a psychotropic medication to the child unless:

      (a) The person who is legally responsible for the psychiatric care of the child has consented to the administration of the medication; and

      (b) The psychotropic medication is administered in accordance with the consent of the person who is legally responsible for the psychiatric care of the child.

      4.  The person who is legally responsible for the psychiatric care of a child must, in addition to providing written consent for the administration of a psychotropic medication, specifically approve:

      (a) The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

      (b) The prescribing of any psychotropic medication for use by a child who is less than 4 years of age;

      (c) The concurrent use by a child of three or more classes of psychotropic medication; and

      (d) The concurrent use by a child of two psychotropic medications of the same class.

      (Added to NRS by 2011, 2671)