HB 1379

CS

CHAMBER ACTION

1	The Committee on Future of Florida's Families recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the medication of children; amending s.
8	743.0645, F.S.; creating the Center for Juvenile
9	Psychotropic Studies within the Department of Psychiatry
10	of the College of Medicine of the University of Florida;
11	providing the purpose of the center; providing for the
12	appointment of a director; creating an advisory board;
13	providing for board membership; requiring the center to
14	work with the Department of Children and Family Services,
15	the Department of Juvenile Justice, and the Agency for
16	Health Care Administration; requiring certain data
17	relating to dependent minors for whom psychotropic
18	medications have been prescribed to be made available to
19	the center; requiring the center to report to legislative
20	leaders by a specified date; providing for future repeal;
21	amending s. 39.401, F.S.; specifying that a parent's
22	refusal to administer psychotropic medication to a child
23	shall not constitute grounds for the Department of
24	Children and Family Services to take the child into
25	custody; providing exceptions; creating s. 402.3196, F.S.;
26	providing that it is unlawful for certain child care
27	facility personnel to administer medication to a child
28	without written authorization; providing an exception in
29	the case of an emergency medical condition; providing
30	definitions; providing penalties; amending s. 1006.062,
31	F.S.; requiring district school board policies to prohibit
32	personnel from recommending the use of psychotropic
33	medications for students; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida"
36
37	Section 1.  Section 743.0645, Florida Statutes, is amended
38	to read:
39	743.0645  Other persons who may consent to medical care or
40	treatment of a minor; Center for Juvenile Psychotropic Studies;
41	creation; purpose; advisory board; report.--
42	(1)  As used in this section, the term:
43	(a)  "Blood testing" includes Early Periodic Screening,
44	Diagnosis, and Treatment (EPSDT) testing and other blood testing
45	deemed necessary by documented history or symptomatology but
46	excludes HIV testing and controlled substance testing or any
47	other testing for which separate court order or informed consent
48	as provided by law is required.
49	(b)  "Medical care and treatment" includes ordinary and
50	necessary medical and dental examination and treatment,
51	including blood testing, preventive care including ordinary
52	immunizations, tuberculin testing, and well-child care, but does
53	not include surgery, general anesthesia, provision of
54	psychotropic medications, or other extraordinary procedures for
55	which a separate court order, power of attorney, or informed
56	consent as provided by law is required.
57	(c)  "Person who has the power to consent as otherwise
58	provided by law" includes a natural or adoptive parent, legal
59	custodian, or legal guardian.
60	(d)  "Psychotropic medication" means a medicine that may
61	not be dispensed or administered without a prescription that is
62	used for the treatment of mental disorders, and includes
63	hypnotics, antipsychotics, antidepressants, antianxiety agents,
64	sedatives, mood stabilizers such as lithium, depakote and other
65	anticonvulsants, and psychomotor stimulants.
66	(2)  Any of the following persons, in order of priority
67	listed, may consent to the medical care or treatment of a minor
68	who is not committed to the Department of Children and Family
69	Services or the Department of Juvenile Justice or in their
70	custody under chapter 39, chapter 984, or chapter 985 when,
71	after a reasonable attempt, a person who has the power to
72	consent as otherwise provided by law cannot be contacted by the
73	treatment provider and actual notice to the contrary has not
74	been given to the provider by that person:
75	(a)  A person who possesses a power of attorney to provide
76	medical consent for the minor. A power of attorney executed
77	after July 1, 2001, to provide medical consent for a minor
78	includes the power to consent to medically necessary surgical
79	and general anesthesia services for the minor unless such
80	services are excluded by the individual executing the power of
81	attorney.
82	(b)  The stepparent.
83	(c)  The grandparent of the minor.
84	(d)  An adult brother or sister of the minor.
85	(e)  An adult aunt or uncle of the minor.
86
87	There shall be maintained in the treatment provider's records of
88	the minor documentation that a reasonable attempt was made to
89	contact the person who has the power to consent.
90	(3)  The Department of Children and Family Services or the
91	Department of Juvenile Justice caseworker, juvenile probation
92	officer, or person primarily responsible for the case management
93	of the child, the administrator of any facility licensed by the
94	department under s. 393.067, s. 394.875, or s. 409.175, or the
95	administrator of any state-operated or state-contracted
96	delinquency residential treatment facility may consent to the
97	medical care or treatment of any minor committed to it or in its
98	custody under chapter 39, chapter 984, or chapter 985, when the
99	person who has the power to consent as otherwise provided by law
100	cannot be contacted and such person has not expressly objected
101	to such consent.  There shall be maintained in the records of
102	the minor documentation that a reasonable attempt was made to
103	contact the person who has the power to consent as otherwise
104	provided by law.
105	(4)  The medical provider shall notify the parent or other
106	person who has the power to consent as otherwise provided by law
107	as soon as possible after the medical care or treatment is
108	administered pursuant to consent given under this section.  The
109	medical records shall reflect the reason consent as otherwise
110	provided by law was not initially obtained and shall be open for
111	inspection by the parent or other person who has the power to
112	consent as otherwise provided by law.
113	(5)  The person who gives consent; a physician, dentist,
114	nurse, or other health care professional licensed to practice in
115	this state; or a hospital or medical facility, including, but
116	not limited to, county health departments, shall not incur civil
117	liability by reason of the giving of consent, examination, or
118	rendering of treatment, provided that such consent, examination,
119	or treatment was given or rendered as a reasonable prudent
120	person or similar health care professional would give or render
121	it under the same or similar circumstances.
122	(6)  The Center for Juvenile Psychotropic Studies is
123	created within the Department of Psychiatry of the College of
124	Medicine of the University of Florida. The purpose of the center
125	is to collect, track, and assess information regarding dependent
126	minors in state custody who have been or are currently being
127	prescribed psychotropic medications.
128	(a)  The Director of the Center for Juvenile Psychotropic
129	Studies shall be appointed by the dean of the College of
130	Medicine of the University of Florida.
131	(b)  There is created an advisory board that shall
132	periodically and objectively review and advise the center on all
133	actions taken pursuant to this act. The board shall include nine
134	members who are experts in psychiatric health, including:
135	1.  The Secretary of Children and Family Services or his or
136	her designee.
137	2.  The Secretary of Juvenile Justice or his or her
138	designee.
139	3.  The Secretary of Health Care Administration or his or
140	her designee.
141	4.  One member appointed by the Governor.
142	5.  One member appointed by the President of the Senate.
143	6.  One member appointed by the Speaker of the House of
144	Representatives.
145	7.  One member appointed by the President of the University
146	of Florida.
147	8.  Two members appointed by the Florida Psychiatric
148	Society.
149	(c)  The center shall work in conjunction with the
150	Department of Children and Family Services, the Department of
151	Juvenile Justice, and the Agency for Health Care Administration;
152	and, to the extent allowed by the privacy requirements of
153	federal and state laws, those agencies shall work with the
154	center and make available to the center data regarding such
155	dependent minors, including, but not limited to:
156	1.  Demographic information, including, but not limited to,
157	age, geographic location, and economic status.
158	2.  A family history of each dependent minor, including,
159	but not limited to, the minor's involvement with the child
160	welfare system or the juvenile justice system.
161	3.  A medical history of each dependent minor, including,
162	but not limited to, the minor's medical condition.
163	4.  All information regarding the medications prescribed or
164	administered to each minor, including, but not limited to,
165	information contained in each minor's medication administration
166	record.
167	5.  Practice patterns, licensure, and board certification
168	of prescribing physicians.
169	(d)  By January 1, 2005, the center shall report its
170	findings and make recommendations regarding psychotropic
171	medications prescribed to dependent minors in state custody to
172	the President of the Senate, the Speaker of the House of
173	Representatives, and the appropriate committee chairs of the
174	Senate and the House of Representatives.
175	(e)  This subsection expires July 1, 2005.
176	(7)(6)  The Department of Children and Family Services and
177	the Department of Juvenile Justice may adopt rules to implement
178	this section.
179	(8)(7)  This section does not affect other statutory
180	provisions of this state that relate to medical consent for
181	minors.
182	Section 2.  Subsection (1) of section 39.401, Florida
183	Statutes, is amended to read:
184	39.401  Taking a child alleged to be dependent into
185	custody; law enforcement officers and authorized agents of the
186	department.--
187	(1)  A child may only be taken into custody:
188	(a)  Pursuant to the provisions of this part, based upon
189	sworn testimony, either before or after a petition is filed; or
190	(b)  By a law enforcement officer, or an authorized agent
191	of the department, if the officer or authorized agent has
192	probable cause to support a finding:
193	1.  That the child has been abused, neglected, or
194	abandoned, or is suffering from or is in imminent danger of
195	illness or injury as a result of abuse, neglect, or abandonment;
196	2.  That the parent or legal custodian of the child has
197	materially violated a condition of placement imposed by the
198	court; or
199	3.  That the child has no parent, legal custodian, or
200	responsible adult relative immediately known and available to
201	provide supervision and care.
202
203	The refusal of a parent, legal guardian, or other person having
204	control of a child to administer or consent to the
205	administration of any psychotropic medication to such child
206	shall not, in and of itself, constitute grounds for the
207	department to take such child into custody, or for any court of
208	competent jurisdiction to order that such child be taken into
209	custody by the department, unless such refusal causes such child
210	to be a victim of neglect or abuse.
211	Section 3.  Section 402.3196, Florida Statutes, is created
212	to read:
213	402.3196  Unauthorized administration of medication.--
214	(1)  It is unlawful for an employee, owner, household
215	member, volunteer, or operator of a licensed or unlicensed child
216	care facility as defined in s. 402.302, including a child care
217	program operated by a public school or nonpublic school deemed
218	to be child care pursuant to s. 402.3025, to, without written
219	authorization, willfully administer prescription or over-the-
220	counter medication to a child attending the child care facility.
221	For purposes of this section, written authorization includes the
222	child's name, the date or dates for which the authorization is
223	applicable, dosage instructions, and the signature of the
224	child's parent or legal guardian. For purposes of this section,
225	a child care program operated by a public school does not
226	include kindergarten through grade 12 classes.
227	(2)  In the event of an emergency medical condition where
228	the child's parent or legal guardian is unavailable, it shall be
229	lawful to administer medication to a child attending a child
230	care facility without written authorization required pursuant to
231	this section if the medication is administered with the
232	authorization, and in accordance with instructions, of a bona
233	fide medical care provider. For purposes of this section:
234	(a)  "Bona fide medical care provider" means an individual
235	who is licensed, certified, or otherwise authorized to prescribe
236	the medication.
237	(b)  "Emergency medical condition" means circumstances
238	where a prudent layperson acting reasonably would believe that
239	an emergency medical condition exists.
240	(3)(a)  Any person who violates the provisions of this
241	section which violation results in serious injury to a child
242	commits a felony of the third degree, punishable as provided in
243	s. 775.082 or s. 775.083.
244	(b)  Any person who violates the provisions of this section
245	which violation does not result in serious injury to a child
246	commits a misdemeanor of the first degree, punishable as
247	provided in s. 775.082 or s. 775.083.
248	Section 4.  Subsection (8) is added to section 1006.062,
249	Florida Statutes, to read:
250	1006.062  Administration of medication and provision of
251	medical services by district school board personnel.--
252	(8)  Each district school board shall adopt and implement
253	policies that prohibit all district school board personnel from
254	recommending the use of psychotropic medications for any
255	student. The provisions of this subsection shall not prohibit
256	district school board medical personnel from recommending that a
257	student be evaluated by an appropriate medical practitioner or
258	prohibit district school board medical personnel from consulting
259	with such a practitioner with the consent of the student's

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