| 1 | A bill to be entitled |
| 2 | An act relating to health services and education in the |
| 3 | public schools; creating s. 1006.0625, F.S.; requiring |
| 4 | district school boards to prohibit school district |
| 5 | personnel from requiring a student to take certain |
| 6 | medication as a condition of attending school; prohibiting |
| 7 | the medical diagnosis and prescription of drugs, the |
| 8 | practice or administration of mental health services, and |
| 9 | the diagnosis of specified mental health disorders on |
| 10 | school grounds; prohibiting certain referrals; providing |
| 11 | restrictions on school district personnel; prohibiting |
| 12 | nonacademic health education programs; providing for |
| 13 | rulemaking; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 1006.0625, Florida Statutes, is created |
| 18 | to read: |
| 19 | 1006.0625 Prohibition of certain health services and |
| 20 | education.-- |
| 21 | (1) Each district school board shall prohibit school |
| 22 | district personnel from requiring a student to obtain a |
| 23 | prescription for, and take as medication, a controlled substance |
| 24 | listed in Schedule II, s. 202(c) of the Controlled Substances |
| 25 | Act, 21 U.S.C. s. 812(c), or any psychotropic or similar mind- |
| 26 | altering drug as a condition of attending school or receiving |
| 27 | educational services provided by the state. Nothing in this |
| 28 | section shall be construed to prohibit school district personnel |
| 29 | from consulting or sharing classroom-based observations with |
| 30 | parents regarding a student's academic performance or behavior |
| 31 | in the classroom or school or regarding the need for evaluation |
| 32 | for special education or related services provided the |
| 33 | evaluation is strictly academic and not psychologically or |
| 34 | psychiatrically based. |
| 35 | (2) The medical diagnosis of students and subsequent |
| 36 | prescription of drugs is prohibited on school grounds. It shall |
| 37 | be solely the right of a parent to obtain such diagnosis and |
| 38 | prescription outside of the public school system. |
| 39 | (3) Mental health services, including screening for mental |
| 40 | health disorders and psychiatric or psychological testing and |
| 41 | evaluation, shall not be practiced or administered on school |
| 42 | grounds. |
| 43 | (4) No student shall be diagnosed on school grounds as |
| 44 | having a disorder listed in the Diagnostic and Statistical |
| 45 | Manual of Mental Disorders or in ICD-10. No school or school |
| 46 | district personnel shall act as a referral service, or perform a |
| 47 | similar activity, for a mental health practitioner or counselor |
| 48 | or receive compensation for referral as prohibited in s. |
| 49 | 817.505, and no student may be referred to a mental health |
| 50 | practitioner or counselor by school district personnel. |
| 51 | (5) No school district personnel shall evaluate the |
| 52 | behavior of students which could constitute practicing medicine |
| 53 | without a license. |
| 54 | (6) The school environment shall be strictly academic. No |
| 55 | school shall provide nonacademic health education programs such |
| 56 | as death education or sex education. |
| 57 | (7) The State Board of Education shall adopt rules |
| 58 | pursuant to ss. 120.536(1) and 120.54 to implement the |
| 59 | provisions of this section. |
| 60 | Section 2. This act shall take effect July 1, 2004. |