House of Representatives

HB 2312

parents; schools; psychotropic drugs

Sponsors: Representatives Anderson, Cooley, Pearce, et al.

DPA	Committee on Human Services
W/D	Committee on Education
DPA	Caucus and COW
X	Third Read
	As Passed the House

HB 2312 stipulates that the refusal by a parent, guardian or custodian of a child to consent to the use of psychotropic medication for the child does not constitute abuse or neglect.

Current Status

A substitute committee amendment adopted in the Committee of the Whole eliminates provisions pertaining to school employees and clarifies that the refusal by a parent, guardian or custodian of a child to consent to the use of psychotropic medication for the child does not constitute abuse or neglect.

History

Current law requires a school district governing board to establish policies and procedures for administrating medication to students by employees. In cases of a minor student, a written or oral request or authorization of a parent or legal guardian must occur for any administration of medication.

HB 2312 prohibits specified school employees from suggesting to students and parents of students the use of psychotropic medication. Psychotropic medications are a class of drugs prescribed to persons whose symptoms are diagnosed as psychologically based. However, the bill does not prohibit such employee from recommending a student be evaluated by an appropriate medical practitioner.

Provisions

· Clarifies that the refusal of a parent to administer or consent to the administration of psychotropic medication to a child does not constitute grounds for the removal of the child by DES, unless the refusal causes abuse or neglect.

· Prohibits a non-medical degree school district employee from recommending to any student or parent the use of psychotropic medications.

· Allows school employees to recommend a student be evaluated by an appropriate medical practitioner; and if parental consent is given, employees may consult with a medical practitioner who is treating a student.

Amendments

The Human Services Committee adopted an amendment that provides the following:

· Eliminates reference to abuse and neglect.

· Allows only a licensed physician to recommend to a student or parents of a student the use of psychotropic medication.

· Eliminates the provisions prohibiting school employees from recommending psychotropic medication and allowing a school employee to suggest a student be evaluated by a medical practitioner, or consulting with a medical practitioner who is treating a student.

A substitute amendment to the Human Services Committee Amendment was adopted in the Committee of the Whole and provides the following:

· Clarifies that the refusal by a parent, guardian or custodian of a child to consent to the administration of psychotropic medication for the child does not in and of itself constitute abuse or neglect.

· Eliminates the provisions prohibiting school employees from recommending psychotropic medication and allowing a school employee to suggest a student be evaluated by a medical practitioner, or consulting with a medical practitioner who is treating a student.

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45th Legislature

Second Regular Session 2 March 21, 2002

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