§346-59.9  Psychotropic medication.  (a) 
The department shall not impose any restriction or limitation on the coverage
for, or a recipient's access to, psychotropic medication; provided that the
psychotropic medication shall be prescribed by a psychiatrist, physician, or an
advanced practice registered nurse with prescriptive authority under chapter
457, duly licensed in the State.



(b)  The department shall report to the
legislature no later than twenty days before the convening of each regular
session on:



(1)  The number of prescriptions written pursuant to
this section;



(2)  The cost and impact of psychiatrists, physicians,
or advanced practice nurses prescribing medications, pursuant to this section,
that are not part of the existing formulary; and



(3)  The overall use of psychotropic medication under
chapter 346.



(c)  As used in this section,
"psychotropic medication" means only those agents approved by the
United States Food and Drug Administration for the treatment of mental or
emotional disorders. [L 2005, c 239, pt of §2, §5; am L 2006, c 311, pt of §2, §3;
am L 2007, c 39, §§1, 2]