Bill > HB2695

Introduced Session

AN ACT concerning health and healthcare; relating to children receiving medical assistance; enacting the enhanced oversight and accountability for the prescription of psychotropic drug act; enhancing oversight of psychotropic drug prescriptions for children receiving medical assistance; requiring the department of health and environment to establish an adverse drug reaction online reporting system. WHEREAS, In 2023, KanCare statistics showed that 37,372 children and adolescents from ages 0-17 were prescribed psychotropic drugs, including 2,784 aged 0-5; and WHEREAS, The administration of most psychotropic drugs to children aged 0-5 is prescribed off-label, meaning that the drugs are being prescribed for an age group that is not approved by the United States food and drug administration (FDA); and WHEREAS, Psychotropic drugs, including stimulants, antidepressants, antipsychotics and other behavioral drugs, are being prescribed to children receiving medical assistance and are documented by the FDA to include severe side effects, including but not limited to, addiction, suicidal ideation, aggression, hallucinations, cardiovascular events, stunted growth and developmental concerns; and WHEREAS, Parents and caregivers are frequently not informed of the risks posed by the off-label prescription of psychotropic drugs documented by the FDA, including the pediatric risks; and WHEREAS, 21 C.F.R. § 208.20 establishes a requirement for FDA medication guides to provide nontechnical, understandable information about the potential risks and side effects of prescription drugs to the average consumer, including parents and caregivers. According to C.F.R. § 208.20, medication guides must detail the particular and significant public health concern that created the need for a medication guide, note any pediatric risks, include the risk of patients developing a dependence on the drug, use a font no smaller than 10-point and not be promotional in tone or content; and WHEREAS, To effectively monitor the effects of psychotropic drugs prescribed to children and adolescents, particularly those drugs cited by the FDA for having pediatric risks, parents and caregivers must be given a hard copy of the FDA medication guide for the psychotropic drug HB 2695 prescribed; and WHEREAS, The state's medical assistance program is a state and federally funded program that provides essential healthcare services to vulnerable populations, including children and adolescents. It should be required to distribute the FDA medication guides to ensure patients and their guardians are fully informed of the risks and potential side effects of psychotropic drugs, thereby supporting informed consent and promoting patient safety; and WHEREAS, A reliable system for parents and caregivers to report adverse drug reactions to psychotropic drugs is essential to help state medical assistance program agencies and legislators monitor and assess the frequency, severity and impact of such reactions within the public sector; and WHEREAS, The absence of an accessible reporting mechanism for psychotropic drug side effects funded by a medical assistance program limits the ability to identify and address these risks effectively, compromising the safety of children and adolescents; and WHEREAS, The state's medical assistance program is the primary payer for psychotropic drugs prescribed to children and adolescents in the public sector, including for off-label use in children, making it directly responsible for ensuring the safety and monitoring of these prescriptions; and WHEREAS, Adverse drug reactions to psychotropic drugs can have significant physical, psychological and developmental impacts on children, requiring timely identification and response to mitigate harm; and WHEREAS, The establishment of an online adverse drug reactions reporting system would enable the state medical assistance program to fulfill its duty of care by providing a mechanism to collect critical safety data, support evidence-based decision making and comply with its responsibility to protect public health; and WHEREAS, Funding this reporting system aligns with the state medical assistance program's obligations under federal law to monitor and improve the quality of care to its beneficiaries, especially vulnerable pediatric patients, and would facilitate oversight and accountability for the use of public funds in prescribing psychotropic drugs; and WHEREAS, The Kansas legislature establishes the following provisions to enhance oversight, informed consent and accountability for the prescription of psychotropic drugs to children receiving medical assistance. Now, therefore:

AI Summary

Committee Categories

Steve Howe (R)*, 

House Referred to Committee on Health and Human Services (on 02/04/2026)

Official Document