1 | A bill to be entitled |
2 | An act relating to health services and education in the |
3 | public schools; creating s. 1006.0625, F.S.; requiring |
4 | district school boards to prohibit school district |
5 | personnel from requiring a student to take certain |
6 | medication as a condition of attending school; prohibiting |
7 | the medical diagnosis and prescription of drugs, the |
8 | practice or administration of mental health services, and |
9 | the diagnosis of specified mental health disorders on |
10 | school grounds; prohibiting certain referrals; providing |
11 | restrictions on school district personnel; prohibiting |
12 | nonacademic health education programs; providing for |
13 | rulemaking; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 1006.0625, Florida Statutes, is created |
18 | to read: |
19 | 1006.0625 Prohibition of certain health services and |
20 | education.-- |
21 | (1) Each district school board shall prohibit school |
22 | district personnel from requiring a student to obtain a |
23 | prescription for, and take as medication, a controlled substance |
24 | listed in Schedule II, s. 202(c) of the Controlled Substances |
25 | Act, 21 U.S.C. s. 812(c), or any psychotropic or similar mind- |
26 | altering drug as a condition of attending school or receiving |
27 | educational services provided by the state. Nothing in this |
28 | section shall be construed to prohibit school district personnel |
29 | from consulting or sharing classroom-based observations with |
30 | parents regarding a student's academic performance or behavior |
31 | in the classroom or school or regarding the need for evaluation |
32 | for special education or related services provided the |
33 | evaluation is strictly academic and not psychologically or |
34 | psychiatrically based. |
35 | (2) The medical diagnosis of students and subsequent |
36 | prescription of drugs is prohibited on school grounds. It shall |
37 | be solely the right of a parent to obtain such diagnosis and |
38 | prescription outside of the public school system. |
39 | (3) Mental health services, including screening for mental |
40 | health disorders and psychiatric or psychological testing and |
41 | evaluation, shall not be practiced or administered on school |
42 | grounds. |
43 | (4) No student shall be diagnosed on school grounds as |
44 | having a disorder listed in the Diagnostic and Statistical |
45 | Manual of Mental Disorders or in ICD-10. No school or school |
46 | district personnel shall act as a referral service, or perform a |
47 | similar activity, for a mental health practitioner or counselor |
48 | or receive compensation for referral as prohibited in s. |
49 | 817.505, and no student may be referred to a mental health |
50 | practitioner or counselor by school district personnel. |
51 | (5) No school district personnel shall evaluate the |
52 | behavior of students which could constitute practicing medicine |
53 | without a license. |
54 | (6) The school environment shall be strictly academic. No |
55 | school shall provide nonacademic health education programs such |
56 | as death education or sex education. |
57 | (7) The State Board of Education shall adopt rules |
58 | pursuant to ss. 120.536(1) and 120.54 to implement the |
59 | provisions of this section. |
60 | Section 2. This act shall take effect July 1, 2004. |