HB 1213

1	A bill to be entitled
2	An act relating to exceptional student evaluation;
3	amending s. 1003.57, F.S.; requiring fully informed
4	consent by a parent prior to his or her child's evaluation
5	for an emotional, behavioral, or mental disorder, a
6	specific learning disability, or other health impairment;
7	specifying the contents of a statement that must be signed
8	by a parent and maintained in a student's school records;
9	including in the statement an understanding that an
10	evaluation may result in a diagnosis for which
11	psychotropic or psychiatric medications may be prescribed;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (8) is added to section 1003.57,
17	Florida Statutes, to read:
18	1003.57  Exceptional students instruction;
19	evaluation.--Each district school board shall provide for an
20	appropriate program of special instruction, facilities, and
21	services for exceptional students as prescribed by the State
22	Board of Education as acceptable, including provisions that:
23	(8)  Before a public school student may be evaluated for an
24	emotional, behavioral, or mental disorder, a specific learning
25	disability, or other health impairment, including psychological
26	or psychiatric evaluation, the parent of such student be fully
27	informed of all known and potential consequences of and
28	alternatives for such evaluation and acknowledge and sign the
29	following statement which must be maintained in the student's
30	school records:
31
32	I understand that my child has been referred to be
33	evaluated for an emotional, behavioral, or mental
34	disorder, a specific learning disability, or other health
35	impairment, including psychological or psychiatric
36	evaluation. The evaluation may result in the assignment of
37	a diagnosis of "mental disorder" or "syndrome" as
38	described in the formal text published by the American
39	Psychiatric Association for the purpose of diagnosing and
40	providing billing codes according to the Diagnostic and
41	Statistical Manual of Mental Disorders Fourth Edition
42	(DSM-IV). Such a diagnosis will be based on the variable
43	observation and subjective interpretation of my child's
44	behavior, intermittently reported by teachers,
45	psychologists, psychiatrists, or others.
46
47	I understand that physical problems such as poor
48	nutrition, exposure to toxins, or structural disorders can
49	cause emotional, behavioral, or mental symptoms and that I
50	should provide for my child's complete and thorough
51	medical examination, including, but not limited to, blood
52	testing, to determine if my child has any objectively
53	verifiable nutritional deficiency, allergy, metal
54	toxicity, or physical disease or disorder which may be
55	causing the symptoms and that anything so found should be
56	medically treated.
57
58	I understand that the State of Florida mandates screening
59	of children for lead poisoning and that the Centers for
60	Disease Control and Prevention, in a report entitled
61	"Screening Young Children for Lead Poisoning: Guidance for
62	State and Local Public Health Officials," determined that
63	children with lead poisoning can present with seizures,
64	other neurological symptoms, abdominal pain, developmental
65	delay, attention deficit, hyperactivity, other behavioral
66	disorders, school problems, hearing loss, or anemia.
67
68	I understand that, unlike most medical diagnostic methods,
69	a diagnosis of mental disorder or syndrome, including, but
70	not limited to, attention deficit hyperactivity disorder
71	(ADHD), bipolar disorder, and depression, is not based on
72	any medical test, such as a brain scan, chemical imbalance
73	test, X-ray, biopsy, blood test, or urinalysis, that can
74	scientifically detect a physical abnormality in an infant,
75	child, adolescent, or adult. As stated in the 1999 report
76	entitled "Mental Health: A Report of the Surgeon General,"
77	the diagnosis of mental disorders is often believed to be
78	more difficult than diagnosis of somatic or general
79	medical disorders since there is no definitive lesion,
80	laboratory test, or abnormality in brain tissue that can
81	identify the illness. And as stated in the DSM-IV that
82	although this manual provides a classification of mental
83	disorders, it must be admitted that no definition
84	adequately specifies precise boundaries for the concept of
85	mental disorder.
86
87	I understand that if my child is diagnosed or labeled with
88	any mental disorder or syndrome listed in the DSM-IV,
89	treatment is likely to include prescriptions for
90	psychotropic or psychiatric medications, such as
91	antidepressants or stimulants, which may have dangerous
92	side effects and uncertain effectiveness. Most
93	antidepressants are not approved by the U. S. Food and
94	Drug Administration (FDA) for treatment of children though
95	they are often prescribed by medical doctors. On October
96	14, 2004, the FDA ordered the addition of a "black box"
97	warning of suicide risk on the health professional
98	labeling of all antidepressant medications prescribed to
99	children under 18 years of age. On June 28, 2005, the FDA
100	ordered labeling changes to methylphenidate (Ritalin)
101	products to warn that these drugs can cause psychiatric
102	events described as visual hallucinations, suicidal
103	ideation, or psychotic behavior, as well as aggression or
104	violent behavior. On July 1, 2005, an FDA panel
105	recommended stronger labels for Concerta, another
106	methylphenidate-based drug, to more clearly warn of the
107	possibility of hallucinations, suicidal tendencies, or
108	aggression in patients taking the drug. The amphetamine
109	Adderall is the subject of an FDA health warning because
110	of reports linking the drug to sudden deaths in children.
111	On September 25, 2005, the FDA issued a warning that
112	atomoxetine (Strattera) can cause suicidal thoughts in
113	children.
114
115	I understand that I have the right to be informed of all
116	the known side effects of any recommended drug, including
117	the current information listed on the drug in the
118	Physicians' Desk Reference.
119
120	I understand that I may request full information on the
121	short-term and long-term benefits and risks of a drug, any
122	interactions the drug has with other medications, how long
123	my child will need to be taking the drug, and all of the
124	up-to-date accumulation of FDA adverse reaction reports of
125	the drug. I understand that psychotropic or psychiatric
126	drugs are addictive and create dependency and that drug
127	withdrawal can pose serious problems.
128
129	I understand that there are alternatives to psychotropic
130	or psychiatric drug treatment and that I should ask the
131	evaluation personnel and my physician about such
132	alternatives. I understand it is my responsibility to take
133	the necessary time and trouble to fully research the
134	relevant necessary information in order to make an
135	informed decision on behalf of my child.
136
137	I acknowledge that I have read and understood the above
138	information and, based on my understanding, I hereby:
139
140	(1)  Give my full and informed consent for my child
141	to undergo evaluation for an emotional, behavioral, or
142	mental disorder, a specific learning disability, or other
143	health impairment.
144
145	....(Signature of Parent)...
146
147	(2)  Do not give my consent for my child to undergo
148	evaluation for an emotional, behavioral, or mental
149	disorder, a specific learning disability, or other health
150	impairment.
151
152	...(Signature of Parent)...
153
154	Section 2.  This act shall take effect July 1, 2006.

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