Senate Bill sb1766c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 1766

    By the Committee on Education; and Senator Crist





    581-2164-05

  1                      A bill to be entitled

  2         An act relating to administration of medication

  3         to public school students; creating s.

  4         1006.0625, F.S.; defining the term

  5         "psychotropic medication"; prohibiting a

  6         recipient of state funds from requiring a

  7         student to be prescribed or administered

  8         psychotropic medication as a condition of

  9         receipt of educational services financed by

10         state funds; providing requirements for

11         administration; providing a restriction

12         relating to referral for diagnosis or treatment

13         of mental disorders; providing an effective

14         date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 1006.0625, Florida Statutes, is

19  created to read:

20         1006.0625  Administration of psychotropic medication;

21  prohibition; conditions.--

22         (1)  As used in this section, the term "psychotropic

23  medication" means a prescription medication that is used for

24  the treatment of mental disorders and includes, without

25  limitation, antihypnotics, antipsychotics, antidepressants,

26  anxiety agents, sedatives, psychomotor stimulants, and mood

27  stabilizers.

28         (2)  A recipient of state funds shall not require a

29  student to be prescribed or administered any psychotropic

30  medication as a condition of such student receiving

31  educational or school-based services, including, but not

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    Florida Senate - 2005                           CS for SB 1766
    581-2164-05




 1  limited to, school enrollment, class attendance,

 2  extracurricular activity participation, or school-related

 3  event attendance, that are financed in whole or part by state

 4  funds. A psychotropic medication shall be administered

 5  pursuant to s. 1006.062.

 6         (3)  A school or school district personnel shall not

 7  make a referral for diagnosis or treatment of any student for

 8  any disorder listed in the Diagnostic and Statistical Manual

 9  of Mental Disorders. However, this subsection does not

10  prohibit a teacher or the school district personnel from

11  sharing classroom-based observations with parents regarding a

12  student's academic and functional performance and behavior in

13  the classroom or school.

14         Section 2.  This act shall take effect upon becoming a

15  law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 1766

19                                 

20  The committee substitute makes the following changes:

21       -Deletes the requirements related to dispensing
         psychotropic medication by licensed health care
22       professionals.

23       -Requires psychotropic medication to be administered
         pursuant to s.1006.062,F.S.
24  
         -Prohibits school or school district personnel from
25       making referrals for the diagnosis or treatment of a
         student for any disorder listed in the Diagnostic and
26       Statistical Manual of Mental Disorders.

27       -Allows teachers or school district personnel to share
         classroom-based observations with parents about students'
28       classroom behavior and academic and functional
         performance.
29  

30  

31  

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