| 1 | The Health Care Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to administration of medication to public |
| 7 | school students; creating s. 1006.0625, F.S.; defining the |
| 8 | term "psychotropic medication"; prohibiting a recipient of |
| 9 | state funds from requiring a student to be prescribed or |
| 10 | administered psychotropic medication as a condition of |
| 11 | receipt of educational services financed by state funds; |
| 12 | providing requirements for administration; providing a |
| 13 | restriction relating to referral for diagnosis or |
| 14 | treatment of mental disorders without full disclosure; |
| 15 | providing requirements for disclosure; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 1006.0625, Florida Statutes, is created |
| 21 | to read: |
| 22 | 1006.0625 Administration of psychotropic medication; |
| 23 | prohibition; conditions.-- |
| 24 | (1) As used in this section, the term "psychotropic |
| 25 | medication" means a prescription medication that is used for the |
| 26 | treatment of mental disorders and includes, without limitation, |
| 27 | antihypnotics, antipsychotics, antidepressants, anxiety agents, |
| 28 | sedatives, psychomotor stimulants, and mood stabilizers. |
| 29 | (2) A recipient of state funds shall not require a student |
| 30 | to be prescribed or administered any psychotropic medication as |
| 31 | a condition of such student receiving educational or school- |
| 32 | based services, including, but not limited to, school |
| 33 | enrollment, class attendance, extracurricular activity |
| 34 | participation, or school-related event attendance, that are |
| 35 | financed in whole or part by state funds. A psychotropic |
| 36 | medication shall be administered pursuant to s. 1006.062. |
| 37 | (3) A school or school district personnel shall not make a |
| 38 | referral for diagnosis or treatment of any student for any |
| 39 | disorder listed in the Diagnostic and Statistical Manual of |
| 40 | Mental Disorders without full disclosure. The disclosure must |
| 41 | include the fact that there is no medical test for a disorder, |
| 42 | that the behaviors could be the result of underlying physical |
| 43 | conditions, that the parent should consult a medical doctor to |
| 44 | rule out physical causes, that the parent has the right to |
| 45 | refuse the psychological screening, and that the label of a |
| 46 | mental disorder will stay on a student's permanent record. |
| 47 | Section 2. This act shall take effect upon becoming a law. |