HB 0223 2004
1	A bill to be entitled
2	An act relating to administration of medication to
3	children; amending s. 39.401, F.S.; specifying that a
4	parent's refusal to administer psychotropic medication to
5	a child shall not constitute grounds for the Department of
6	Children and Family Services to take the child into
7	custody; providing exceptions; creating s. 402.3196, F.S.;
8	providing that it is unlawful for certain child care
9	facility personnel to administer medication to a child
10	without written authorization; providing an exception in
11	the case of an emergency medical condition; providing
12	definitions; providing penalties; amending s. 1006.062,
13	F.S.; requiring district school board policies to prohibit
14	personnel from recommending the use of psychotropic
15	medications for students; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Subsection (1) of section 39.401, Florida
20	Statutes, is amended to read:
21	39.401 Taking a child alleged to be dependent into
22	custody; law enforcement officers and authorized agents of the
23	department.--
24	(1) A child may only be taken into custody:
25	(a) Pursuant to the provisions of this part, based upon
26	sworn testimony, either before or after a petition is filed; or
27	(b) By a law enforcement officer, or an authorized agent
28	of the department, if the officer or authorized agent has
29	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
32	illness or injury as a result of abuse, neglect, or abandonment;
33	2. That the parent or legal custodian of the child has
34	materially violated a condition of placement imposed by the
35	court; or
36	3. That the child has no parent, legal custodian, or
37	responsible adult relative immediately known and available to
38	provide supervision and care.
39
40	The refusal of a parent, legal guardian, or other person having
41	control of a child to administer or consent to the
42	administration of any psychotropic medication to such child
43	shall not, in and of itself, constitute grounds for the
44	department to take such child into custody, or for any court of
45	competent jurisdiction to order that such child be taken into
46	custody by the department, unless such refusal causes such child
47	to be a victim of neglect or abuse.
48	Section 2. Section 402.3196, Florida Statutes, is created
49	to read:
50	402.3196 Unauthorized administration of medication.--
51	(1) It is unlawful for an employee, owner, household
52	member, volunteer, or operator of a licensed or unlicensed child
53	care facility as defined in s. 402.302, including a child care
54	program operated by a public school or nonpublic school deemed
55	to be child care pursuant to s. 402.3025, to, without written
56	authorization, willfully administer prescription or over-the-
57	counter medication to a child attending the child care facility.
58	For purposes of this section, written authorization includes the
59	child's name, the date or dates for which the authorization is
60	applicable, dosage instructions, and the signature of the
61	child's parent or legal guardian. For purposes of this section,
62	a child care program operated by a public school does not
63	include kindergarten through grade 12 classes.
64	(2) In the event of an emergency medical condition where
65	the child's parent or legal guardian is unavailable, it shall be
66	lawful to administer medication to a child attending a child
67	care facility without written authorization required pursuant to
68	this section if the medication is administered with the
69	authorization, and in accordance with instructions, of a bona
70	fide medical care provider. For purposes of this section:
71	(a) "Bona fide medical care provider" means an individual
72	who is licensed, certified, or otherwise authorized to prescribe
73	the medication.
74	(b) "Emergency medical condition" means circumstances
75	where a prudent layperson acting reasonably would believe that
76	an emergency medical condition exists.
77	(3)(a) Any person who violates the provisions of this
78	section which violation results in serious injury to a child
79	commits a felony of the third degree, punishable as provided in
80	s. 775.082 or s. 775.083.
81	(b) Any person who violates the provisions of this section
82	which violation does not result in serious injury to a child
83	commits a misdemeanor of the first degree, punishable as
84	provided in s. 775.082 or s. 775.083.
85	Section 3. Subsection (8) is added to section 1006.062,
86	Florida Statutes, to read:
87	1006.062 Administration of medication and provision of
88	medical services by district school board personnel.--
89	(8) Each district school board shall adopt and implement
90	policies that prohibit all district school board personnel from
91	recommending the use of psychotropic medications for any
92	student. The provisions of this subsection shall not prohibit
93	district school board medical personnel from recommending that a
94	student be evaluated by an appropriate medical practitioner or
95	prohibit district school board medical personnel from consulting
96	with such a practitioner with the consent of the student’s
97	parent.
98	Section 4. This act shall take effect July 1, 2004.