Sexual Offender Registry
On September 14th, the House of Representatives passed legislation, entitled the Children's Safety Act, H.R. 3132, that would place juvenile sex offenders, and some juveniles adjudicated for consensual sexual contact with another juvenile, on the public sexual offender registry for life. If enacted into law, the measure would make it a federal crime for sex offenders to fail to register or keep their information current, and it over-rides any state laws that would exclude juveniles from the registry.

Specifically, the Children's Safety Act defines sex offenders as "individuals who have been convicted of, or adjudicated a juvenile delinquent for a specified offense (meaning serious sex offense) against a minor or a misdemeanor sex offense against a minor." A minor is defined as an individual under the age of 18 under the bill. The bill includes a narrow exclusion for consensual sexual activity between juveniles when one is not more than 4 years older than the victim, and the victim is at least 13 years old, but even with this exception, consensual sex between some juveniles, depending on their ages, could render them eligible for inclusion in the registry for life.

Although the AACAP supports the intent of this legislation to protect children from sex offenders, we are concerned that it does not recognize the developmental differences between juvenile and adult offenders and could inappropriately place some juveniles on a public registry for life, even for consensual sexual activity with another juvenile. Since the bill has already passed the House, as a result of fast-track action, action will now shift to the Senate, where the Judiciary Committee will consider a similar bill, S. 1086, sponsored by Sen. Hatch (R-UT).

AACAP members are asked to contact their two Senators to express concern about S. 1086. Since the bill may also be put on a fast track to passage, it is important that all Senators hear from constituents as soon as possible. Call 1-202-224-3121 to reach the Capitol Switchboard, and ask for your Senator's office, or give your state. When connected to the office, ask for the Judiciary Legislative Assistant. If you leave a voicemail message, include your name and phone number. A sample message is as follows:
"I am a practicing child and adolescent psychiatrist from (your town), and I am calling to urge Sen.__ to oppose S. 1086 in its current form. I support the intent of this bill to protect children from sex offenders, but as it is currently written, the bill would inappropriately place juvenile sex offenders and even juveniles that engage in consensual sexual activity on the public sexual offender registry for life. Please support amendments to the bill that would exclude juveniles from inclusion in the registry."

Workforce Priority Legislation Advances The AACAP's legislative priority, the Child Health Care Crisis Relief Act, H.R. 1106/S.537, sponsored by Reps. Kennedy (D-RI) and Ros-Lehtinen (R-FL), and Sens. Bingaman (D-NM) and Collins (R-ME), advanced over the summer congressional recess, with H.R. 1106 now at 49 bipartisan cosponsors and S. 537 at 12 cosponsors. H.R. 1106 was referred to the Energy and Commerce Committee, chaired by Rep. Barton (R-TX), and the Ways and Means Committee, chaired by Rep. Thomas (R-CA) and S. 537 was referred to the Health, Education, Labor and Pensions Committee, chaired by Sen. Enzi (R-WY)

The Child Health Care Crisis Relief Act will address the critical national shortage of child and adolescent psychiatrists and other children's mental health professionals by creating education incentives to encourage recruitment into these fields. For child and adolescent psychiatry training programs, the legislation would extend Medicare graduate medical education (GME) funding support for two years after general psychiatry, and create a loan forgiveness program for use by child and adolescent psychiatrists.

All AACAP members are asked to contact their House Representative and two Senators to request their support for H.R. 1106/S.537. Call 1-202-224-3121 to reach the Capitol Switchboard, and ask for your Representative or Senator's office, or give your zip code. When connected to the office, ask for the Health Legislative Assistant. If you leave a voicemail message, include your name and phone number. A sample message is as follows:
"I am a practicing child and adolescent psychiatrist from (your town), and I am calling to urge Sen. (or Rep. )______ to cosponsor the Child Health Care Crisis Relief Act, S. 537/ H.R. 1106, sponsored by Sens. Bingaman and Collins, and Reps. Kennedy and Ros-Lehtinen. This legislation will help children and their families gain access to treatment by increasing the numbers of children's mental health professionals. Please contact Bruce Lesley in Sen. Bingaman's office (or Mike Zamore in Rep. Kennedy's office) to cosponsor this important legislation."

Update

Multiple Prescription Policy In late August, the Drug Enforcement Agency (DEA) issued a clarification on a November 2004 policy statement concerning post-dated prescriptions for controlled substances, which include psychotropic medications. The earlier policy statement had indicated that physicians could not dispense controlled substances without an office visit for each prescription. The AACAP and the APA wrote to the DEA in March expressing concern that this policy creates an access barrier for children and adults with mental illnesses. In response to this letter, the new DEA clarification states that rather than requiring additional patient office visits, physicians may mail or fax prescriptions to pharmacies. The DEA cautions, however, that some state laws do impose specific time limits on the amount of a schedule II controlled substance that may be prescribed. The AACAP thanks members that contacted the DEA concerning this issue. The full DEA policy can be found at: www.deadiversion.usdoj.gov/fed_regs/rules/2005/fr0826.htm

If you have questions or would like more assistant in contacting your member of Congress, please call 800. 333. 7636, ext. 126, or e-mail Nuala Moore at nmoore@aacap.org.