Senate Bill sb1140

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    Florida Senate - 2004                                  SB 1140

    By Senator Cowin





    20-797-04

  1                      A bill to be entitled

  2         An act relating to administering medication to

  3         a child; amending s. 39.401, F.S.; providing

  4         that the refusal of a parent, legal guardian,

  5         or other person having control of a child to

  6         administer or consent to the administration of

  7         any psychotropic medication to the child does

  8         not, in and of itself, constitute grounds for

  9         the department to take the child into custody;

10         providing an exception; creating s. 402.3127,

11         F.S.; prohibiting specified persons working in

12         child care facilities from administering

13         medications to a child without written

14         authorization of the child's parent or legal

15         guardian; providing for the contents of the

16         written authorization; directing procedures for

17         administering medication to a child during an

18         emergency medical condition; providing

19         definitions; providing criminal penalties;

20         amending s. 1006.062, F.S.; directing school

21         boards to adopt rules prohibiting school board

22         personnel from recommending psychotropic

23         medication for a student; providing exceptions;

24         providing an effective date.

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

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28         Section 1.  Subsection (1) of section 39.401, Florida

29  Statutes, is amended to read:

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    Florida Senate - 2004                                  SB 1140
    20-797-04




 1         39.401  Taking a child alleged to be dependent into

 2  custody; law enforcement officers and authorized agents of the

 3  department.--

 4         (1)  A child may only be taken into custody:

 5         (a)  Pursuant to the provisions of this part, based

 6  upon sworn testimony, either before or after a petition is

 7  filed; or

 8         (b)  By a law enforcement officer, or an authorized

 9  agent of the department, if the officer or authorized agent

10  has probable cause to support a finding:

11         1.  That the child has been abused, neglected, or

12  abandoned, or is suffering from or is in imminent danger of

13  illness  or injury as a result of abuse, neglect, or

14  abandonment;

15         2.  That the parent or legal custodian of the child has

16  materially violated a condition of placement imposed by the

17  court; or

18         3.  That the child has no parent, legal custodian, or

19  responsible adult relative immediately known and available to

20  provide supervision and care.

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22  The refusal of a parent, legal guardian, or other person

23  having control of a child to administer or consent to the

24  administration of any psychotropic medication to the child

25  does not, in and of itself, constitute grounds for the

26  department to take the child into custody, or for any court to

27  order that the child be taken into custody by the department,

28  unless the refusal to administer or consent to the

29  administration of psychotropic medication causes the child to

30  be neglected or abused.

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    Florida Senate - 2004                                  SB 1140
    20-797-04




 1         Section 2.  Section 402.3127, Florida Statutes, is

 2  created to read:

 3         402.3127  Unauthorized administration of medication.--

 4         (1)  An employee, owner, household member, volunteer,

 5  or operator of a licensed or unlicensed child care facility as

 6  defined in s. 402.302, including a child care program operated

 7  by a public or nonpublic school deemed to be child care under

 8  s. 402.3025, may not, without written authorization from a

 9  child's parent or legal guardian, administer any medication to

10  a child attending the child care facility. The written

11  authorization to administer medication must include the

12  child's name, the date or dates for which the authorization is

13  applicable, dosage instructions, and the signature of the

14  child's parent or legal guardian.

15         (2)  In the event of an emergency medical condition

16  when a child's parent or legal guardian is unavailable, an

17  employee, owner, household member, volunteer, or operator of a

18  licensed or unlicensed child care facility may administer

19  medication to a child attending the child care facility

20  without the written authorization required in subsection (1)

21  if the medication is administered according to instructions

22  from a bona fide medical care provider. The child care

23  facility must immediately notify the child's parent or legal

24  guardian of the emergency medical condition and of the

25  corrective measures taken. If the parent or legal guardian

26  remains unavailable and the child's emergency medical

27  condition persists, the child care facility must immediately

28  notify the child's medical care provider.

29         (3)  As used in this section, the term:

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    Florida Senate - 2004                                  SB 1140
    20-797-04




 1         (a)  "Bona fide medical care provider" means an

 2  individual who is licensed, certified, or otherwise authorized

 3  to prescribe the medication.

 4         (b)  "Emergency medical condition" means circumstances

 5  when a prudent layperson acting reasonably would believe that

 6  an emergency medical condition exists.

 7         (4)(a)  A person who violates this section commits a

 8  felony of the third degree, punishable as provided in s.

 9  775.082 or s. 775.083, if the violation results in serious

10  injury to the child.

11         (b)  A person who violates this section commits a

12  misdemeanor of the first degree, punishable as provided in s.

13  775.082 or s. 775.083, if the violation does not result in

14  serious injury to the child.

15         Section 3.  Subsection (8) is added to section

16  1006.062, Florida Statutes, to read:

17         1006.062  Administration of medication and provision of

18  medical services by district school board personnel.--

19         (8)  Each district school board shall adopt rules that

20  prohibit all district school board personnel from recommending

21  the use of psychotropic medications for any student. This

22  subsection does not prohibit district school board medical

23  personnel from recommending that a student be evaluated by an

24  appropriate medical practitioner and does not prohibit

25  district school board medical personnel from consulting with

26  such a practitioner with the consent of the student's parent.

27         Section 4.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 1140
    20-797-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that the refusal of a parent, legal guardian, or
      other person having control of a child to administer or
 4    consent to the administration of any psychotropic
      medication to the child does not constitute grounds for
 5    the department to take the child into custody. Provides
      that specified persons working in child care facilities
 6    may not administer medications to a child without the
      parent's or legal guardian's written authorization.
 7    Provides the contents of the written authorization.
      Directs procedures for emergency medical conditions.
 8    Provides criminal penalties. Directs school boards to
      adopt rules prohibiting school board personnel from
 9    recommending psychotropic medication for a student.
      Provides exceptions. (See bill for details.)
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