Senate Bill sb1766c2

    Florida Senate - 2005                    CS for CS for SB 1766

    By the Committees on Health Care; Education; and Senator Crist





    587-2312-05

  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 public

  6         school from denying a student access to

  7         programs or services under certain conditions;

  8         authorizing public school teachers and school

  9         district personnel to share certain information

10         with a student's parent; prohibiting public

11         school teachers and school district personnel

12         from compelling certain actions by a parent;

13         authorizing the refusal of psychological

14         screening; providing for medical decisionmaking

15         authority; providing an effective date.

16  

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

18  

19         Section 1.  Section 1006.0625, Florida Statutes, is

20  created to read:

21         1006.0625  Administration of psychotropic medication;

22  prohibition; conditions.--

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

24  medication" means a prescription medication that is used for

25  the treatment of mental disorders and includes, without

26  limitation, antihypnotics, antipsychotics, antidepressants,

27  anxiety agents, sedatives, psychomotor stimulants, and mood

28  stabilizers.

29         (2)  A public school may not deny any student access to

30  programs or services because the parent of the student has

31  refused to place the student on psychotropic medication.

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






    Florida Senate - 2005                    CS for CS for SB 1766
    587-2312-05




 1         (3)  A public school teacher and school district

 2  personnel may share school-based observations of a student's

 3  academic, functional, and behavioral performance with the

 4  student's parent and offer program options and other

 5  assistance that is available to the parent and the student

 6  based on the observations. However, a public school teacher

 7  and school district personnel may not compel or attempt to

 8  compel any specific actions by the parent or require that a

 9  student take medication. A parent may refuse psychological

10  screening of the student.

11  

12  Any medical decision made to address a student's needs is a

13  matter between the student, the student's parent, and a

14  competent health care professional chosen by the parent.

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

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                            CS/SB 1766

20                                 

21  The committee substitute clarifies that a public school may
    not deny any student access to programs or services because
22  the parent of the student has refused to place the student on
    psychotropic medication.
23  
    The committee substitute also clarifies that a public school
24  teacher and school district personnel may share school-based
    observations of a student with a parent and may offer program
25  options and other assistance to the parent, but they may not
    compel any specific action by the parent or require that a
26  student take medication. A parent may refuse psychological
    screening of a student.
27  

28  

29  

30  

31  

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