HB 1203

1
A bill to be entitled
2An act relating to health services and education in the
3public schools; creating s. 1006.0625, F.S.; requiring
4district school boards to prohibit school district
5personnel from requiring a student to take certain
6medication as a condition of attending school; prohibiting
7the medical diagnosis and prescription of drugs, the
8practice or administration of mental health services, and
9the diagnosis of specified mental health disorders on
10school grounds; prohibiting certain referrals; providing
11restrictions on school district personnel; prohibiting
12nonacademic health education programs; providing for
13rulemaking; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 1006.0625, Florida Statutes, is created
18to read:
19     1006.0625  Prohibition of certain health services and
20education.--
21     (1)  Each district school board shall prohibit school
22district personnel from requiring a student to obtain a
23prescription for, and take as medication, a controlled substance
24listed in Schedule II, s. 202(c) of the Controlled Substances
25Act, 21 U.S.C. s. 812(c), or any psychotropic or similar mind-
26altering drug as a condition of attending school or receiving
27educational services provided by the state. Nothing in this
28section shall be construed to prohibit school district personnel
29from consulting or sharing classroom-based observations with
30parents regarding a student's academic performance or behavior
31in the classroom or school or regarding the need for evaluation
32for special education or related services provided the
33evaluation is strictly academic and not psychologically or
34psychiatrically based.
35     (2)  The medical diagnosis of students and subsequent
36prescription of drugs is prohibited on school grounds. It shall
37be solely the right of a parent to obtain such diagnosis and
38prescription outside of the public school system.
39     (3)  Mental health services, including screening for mental
40health disorders and psychiatric or psychological testing and
41evaluation, shall not be practiced or administered on school
42grounds.
43     (4)  No student shall be diagnosed on school grounds as
44having a disorder listed in the Diagnostic and Statistical
45Manual of Mental Disorders or in ICD-10. No school or school
46district personnel shall act as a referral service, or perform a
47similar activity, for a mental health practitioner or counselor
48or receive compensation for referral as prohibited in s.
49817.505, and no student may be referred to a mental health
50practitioner or counselor by school district personnel.
51     (5)  No school district personnel shall evaluate the
52behavior of students which could constitute practicing medicine
53without a license.
54     (6)  The school environment shall be strictly academic. No
55school shall provide nonacademic health education programs such
56as death education or sex education.
57     (7)  The State Board of Education shall adopt rules
58pursuant to ss. 120.536(1) and 120.54 to implement the
59provisions of this section.
60     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.