| 1 | A bill to be entitled |
| 2 | An act relating to administration of medication to public |
| 3 | school students; creating s. 1006.0625, F.S.; defining the |
| 4 | term "psychotropic medication"; prohibiting recipients of |
| 5 | state funds used for educational purposes from requiring a |
| 6 | student to be prescribed or administered psychotropic |
| 7 | medication as a condition of receipt of educational |
| 8 | services; providing requirements for administration; |
| 9 | providing a restriction relating to the diagnosis or |
| 10 | treatment of mental disorders; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 1006.0625, Florida Statutes, is created |
| 16 | to read: |
| 17 | 1006.0625 Administration of psychotropic medication; |
| 18 | prohibition; conditions.-- |
| 19 | (1) As used in this section, the term "psychotropic |
| 20 | medication" means a prescription medication that is used for the |
| 21 | treatment of mental disorders and includes, without limitation, |
| 22 | hypnotics, antipsychotics, antidepressants, anxiety agents, |
| 23 | sedatives, psychomotor stimulants, and mood stabilizers. |
| 24 | (2) A recipient of state funds shall not require a student |
| 25 | to be prescribed or administered any psychotropic medication as |
| 26 | a condition of such student receiving educational or school- |
| 27 | based services, including, but not limited to, school |
| 28 | enrollment, class attendance, extracurricular activity |
| 29 | participation, or school-related event attendance, that are |
| 30 | financed in whole or part by state funds. |
| 31 | (3) A psychotropic medication shall not be administered to |
| 32 | a student on school premises except under the following |
| 33 | conditions: |
| 34 | (a) The medication must be dispensed to a student by a |
| 35 | health care professional licensed under chapter 458, chapter |
| 36 | 459, chapter 461, chapter 464, or chapter 465. |
| 37 | (b) The dispensing of the medication to a student must |
| 38 | fully comply with all privacy protections afforded to a patient |
| 39 | under the federal Health Insurance Portability and |
| 40 | Accountability Act. |
| 41 | (4) A school or school district personnel shall not |
| 42 | initiate, or make a referral for, diagnosis or treatment of a |
| 43 | student for any disorder listed in the Diagnostic and |
| 44 | Statistical Manual of Mental Disorders or in ICD-10. |
| 45 | Section 2. This act shall take effect upon becoming a law. |