SENATE AMENDMENT
Bill No. CS for SB 1578
Amendment No. ___ Barcode 164372
CHAMBER ACTION
Senate House
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04/28/2004 05:27 PM .
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11 Senator Cowin moved the following amendment to amendment
12 (030792):
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14 Senate Amendment (with title amendment)
15 On page 2, between lines 5 and 6,
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17 insert:
18 Section 2. Subsection (1) of section 39.401, Florida
19 Statutes, is amended to read:
20 39.401 Taking a child alleged to be dependent into
21 custody; law enforcement officers and authorized agents of the
22 department.--
23 (1) A child may only be taken into custody:
24 (a) Pursuant to the provisions of this part, based
25 upon sworn testimony, either before or after a petition is
26 filed; or
27 (b) By a law enforcement officer, or an authorized
28 agent of the department, if the officer or authorized agent
29 has probable cause to support a finding:
30 1. That the child has been abused, neglected, or
31 abandoned, or is suffering from or is in imminent danger of
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SENATE AMENDMENT
Bill No. CS for SB 1578
Amendment No. ___ Barcode 164372
1 illness or injury as a result of abuse, neglect, or
2 abandonment;
3 2. That the parent or legal custodian of the child has
4 materially violated a condition of placement imposed by the
5 court; or
6 3. That the child has no parent, legal custodian, or
7 responsible adult relative immediately known and available to
8 provide supervision and care.
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10 The refusal of a parent, legal guardian, or other person
11 responsible for a child's welfare to administer or consent to
12 the administration of any psychotropic medication to the child
13 does not, in and of itself, constitute grounds for the
14 department to take the child into custody, or for any court to
15 order that the child be taken into custody by the department,
16 unless the refusal to administer or consent to the
17 administration of psychotropic medication causes the child to
18 be neglected or abused.
19 Section 3. Section 402.3127, Florida Statutes, is
20 created to read:
21 402.3127 Unauthorized administration of medication.--
22 (1) An employee, owner, household member, volunteer,
23 or operator of a child care facility, large family child care
24 home, or family day care home, as defined in s. 402.302,
25 including a child care program operated by a public or
26 nonpublic school deemed to be child care under s. 402.3025,
27 which is required to be licensed or registered, may not,
28 without written authorization from a child's parent or legal
29 guardian, administer any medication to a child attending the
30 child care facility, large family child care home, or family
31 day care home. The written authorization to administer
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SENATE AMENDMENT
Bill No. CS for SB 1578
Amendment No. ___ Barcode 164372
1 medication must include the child's name, the date or dates
2 for which the authorization is applicable, dosage
3 instructions, and the signature of the child's parent or legal
4 guardian.
5 (2) In the event of an emergency medical condition
6 when a child's parent or legal guardian is unavailable, an
7 employee, owner, household member, volunteer, or operator of a
8 licensed or unlicensed child care facility, large family child
9 care home, or family day care home may administer medication
10 to a child attending the facility or home without the written
11 authorization required in subsection (1) if the medication is
12 administered according to instructions from a prescribing
13 health care practitioner. The child care facility, large
14 family child care home, or family day care home must
15 immediately notify the child's parent or legal guardian of the
16 emergency medical condition and of the corrective measures
17 taken. If the parent or legal guardian remains unavailable and
18 the child's emergency medical condition persists, the child
19 care facility must immediately notify the child's medical care
20 provider.
21 (3) As used in this section, the term "emergency
22 medical condition" means circumstances in which a prudent
23 layperson acting reasonably would believe that an emergency
24 medical condition exists.
25 (4)(a) A person who violates this section commits a
26 felony of the third degree, punishable as provided in s.
27 775.082 or s. 775.083, if the violation results in serious
28 injury to the child.
29 (b) A person who violates this section commits a
30 misdemeanor of the first degree, punishable as provided in s.
31 775.082 or s. 775.083, if the violation does not result in
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SENATE AMENDMENT
Bill No. CS for SB 1578
Amendment No. ___ Barcode 164372
1 serious injury to the child.
2 Section 4. Subsection (8) is added to section
3 1006.062, Florida Statutes, to read:
4 1006.062 Administration of medication and provision of
5 medical services by district school board personnel.--
6 (8) Each district school board shall adopt rules that
7 prohibit all district school board personnel, except
8 psychiatrists licensed under chapter 458 or chapter 459, from
9 recommending the use of psychotropic medications for any
10 student. This subsection does not prohibit district school
11 board personnel from recommending that a student be evaluated
12 by an appropriate medical practitioner and does not prohibit
13 district school board personnel from consulting with such a
14 practitioner with the consent of the student's parent.
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 2, line 21, after the semicolon,
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21 insert:
22 amending s. 39.401, F.S.; providing that the
23 refusal of a parent, legal guardian, or other
24 person responsible for a child's welfare to
25 administer or consent to the administration of
26 a psychotropic medication does not by itself
27 constitute grounds for taking the child into
28 custody; providing an exception; creating s.
29 402.3127, F.S.; prohibiting the unauthorized
30 administration of medication by personnel
31 associated with child care entities; providing
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SENATE AMENDMENT
Bill No. CS for SB 1578
Amendment No. ___ Barcode 164372
1 an exception for emergency medical conditions
2 when the child's parent or legal guardian is
3 unavailable; defining the term "emergency
4 medical condition"; providing penalties for
5 violations; amending s. 1006.062, F.S.;
6 requiring district school boards to adopt rules
7 prohibiting district school board personnel
8 from recommending the use of psychotropic
9 medications for any student; allowing such
10 personnel to recommend that a medical
11 practitioner evaluate a student and to consult
12 with such practitioners;
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