Senate Bill sb1140
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Florida Senate - 2004 SB 1140
By Senator Cowin
20-797-04
1 A bill to be entitled
2 An act relating to administering medication to
3 a child; amending s. 39.401, F.S.; providing
4 that the refusal of a parent, legal guardian,
5 or other person having control of a child to
6 administer or consent to the administration of
7 any psychotropic medication to the child does
8 not, in and of itself, constitute grounds for
9 the department to take the child into custody;
10 providing an exception; creating s. 402.3127,
11 F.S.; prohibiting specified persons working in
12 child care facilities from administering
13 medications to a child without written
14 authorization of the child's parent or legal
15 guardian; providing for the contents of the
16 written authorization; directing procedures for
17 administering medication to a child during an
18 emergency medical condition; providing
19 definitions; providing criminal penalties;
20 amending s. 1006.062, F.S.; directing school
21 boards to adopt rules prohibiting school board
22 personnel from recommending psychotropic
23 medication for a student; providing exceptions;
24 providing an effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsection (1) of section 39.401, Florida
29 Statutes, is amended to read:
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Florida Senate - 2004 SB 1140
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1 39.401 Taking a child alleged to be dependent into
2 custody; law enforcement officers and authorized agents of the
3 department.--
4 (1) A child may only be taken into custody:
5 (a) Pursuant to the provisions of this part, based
6 upon sworn testimony, either before or after a petition is
7 filed; or
8 (b) By a law enforcement officer, or an authorized
9 agent of the department, if the officer or authorized agent
10 has probable cause to support a finding:
11 1. That the child has been abused, neglected, or
12 abandoned, or is suffering from or is in imminent danger of
13 illness or injury as a result of abuse, neglect, or
14 abandonment;
15 2. That the parent or legal custodian of the child has
16 materially violated a condition of placement imposed by the
17 court; or
18 3. That the child has no parent, legal custodian, or
19 responsible adult relative immediately known and available to
20 provide supervision and care.
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22 The refusal of a parent, legal guardian, or other person
23 having control of a child to administer or consent to the
24 administration of any psychotropic medication to the child
25 does not, in and of itself, constitute grounds for the
26 department to take the child into custody, or for any court to
27 order that the child be taken into custody by the department,
28 unless the refusal to administer or consent to the
29 administration of psychotropic medication causes the child to
30 be neglected or abused.
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Florida Senate - 2004 SB 1140
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1 Section 2. Section 402.3127, Florida Statutes, is
2 created to read:
3 402.3127 Unauthorized administration of medication.--
4 (1) An employee, owner, household member, volunteer,
5 or operator of a licensed or unlicensed child care facility as
6 defined in s. 402.302, including a child care program operated
7 by a public or nonpublic school deemed to be child care under
8 s. 402.3025, may not, without written authorization from a
9 child's parent or legal guardian, administer any medication to
10 a child attending the child care facility. The written
11 authorization to administer medication must include the
12 child's name, the date or dates for which the authorization is
13 applicable, dosage instructions, and the signature of the
14 child's parent or legal guardian.
15 (2) In the event of an emergency medical condition
16 when a child's parent or legal guardian is unavailable, an
17 employee, owner, household member, volunteer, or operator of a
18 licensed or unlicensed child care facility may administer
19 medication to a child attending the child care facility
20 without the written authorization required in subsection (1)
21 if the medication is administered according to instructions
22 from a bona fide medical care provider. The child care
23 facility must immediately notify the child's parent or legal
24 guardian of the emergency medical condition and of the
25 corrective measures taken. If the parent or legal guardian
26 remains unavailable and the child's emergency medical
27 condition persists, the child care facility must immediately
28 notify the child's medical care provider.
29 (3) As used in this section, the term:
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Florida Senate - 2004 SB 1140
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1 (a) "Bona fide medical care provider" means an
2 individual who is licensed, certified, or otherwise authorized
3 to prescribe the medication.
4 (b) "Emergency medical condition" means circumstances
5 when a prudent layperson acting reasonably would believe that
6 an emergency medical condition exists.
7 (4)(a) A person who violates this section commits a
8 felony of the third degree, punishable as provided in s.
9 775.082 or s. 775.083, if the violation results in serious
10 injury to the child.
11 (b) A person who violates this section commits a
12 misdemeanor of the first degree, punishable as provided in s.
13 775.082 or s. 775.083, if the violation does not result in
14 serious injury to the child.
15 Section 3. Subsection (8) is added to section
16 1006.062, Florida Statutes, to read:
17 1006.062 Administration of medication and provision of
18 medical services by district school board personnel.--
19 (8) Each district school board shall adopt rules that
20 prohibit all district school board personnel from recommending
21 the use of psychotropic medications for any student. This
22 subsection does not prohibit district school board medical
23 personnel from recommending that a student be evaluated by an
24 appropriate medical practitioner and does not prohibit
25 district school board medical personnel from consulting with
26 such a practitioner with the consent of the student's parent.
27 Section 4. This act shall take effect July 1, 2004.
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2 SENATE SUMMARY
3 Provides that the refusal of a parent, legal guardian, or
other person having control of a child to administer or
4 consent to the administration of any psychotropic
medication to the child does not constitute grounds for
5 the department to take the child into custody. Provides
that specified persons working in child care facilities
6 may not administer medications to a child without the
parent's or legal guardian's written authorization.
7 Provides the contents of the written authorization.
Directs procedures for emergency medical conditions.
8 Provides criminal penalties. Directs school boards to
adopt rules prohibiting school board personnel from
9 recommending psychotropic medication for a student.
Provides exceptions. (See bill for details.)
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