Senate Bill sb1766

    Florida Senate - 2005                                  SB 1766

    By Senator Crist





    12-984-05                                           See HB 209

  1                      A bill to be entitled

  2         An act relating to administration of medication

  3         to public school students; creating s.

  4         1006.0625, F.S.; defining the term

  5         "psychotropic medication"; prohibiting

  6         recipients of state funds used for educational

  7         purposes from requiring a student to be

  8         prescribed or administered psychotropic

  9         medication as a condition of receipt of

10         educational services; providing requirements

11         for administration; providing a restriction

12         relating to the diagnosis or treatment of

13         mental disorders; providing an effective date.

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

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17         Section 1.  Section 1006.0625, Florida Statutes, is

18  created to read:

19         1006.0625  Administration of psychotropic medication;

20  prohibition; conditions.--

21         (1)  As used in this section, the term "psychotropic

22  medication" means a prescription medication that is used for

23  the treatment of mental disorders and includes, without

24  limitation, hypnotics, antipsychotics, antidepressants,

25  anxiety agents, sedatives, psychomotor stimulants, and mood

26  stabilizers.

27         (2)  A recipient of state funds shall not require a

28  student to be prescribed or administered any psychotropic

29  medication as a condition of such student receiving

30  educational or school-based services, including, but not

31  limited to, school enrollment, class attendance,

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






    Florida Senate - 2005                                  SB 1766
    12-984-05                                           See HB 209




 1  extracurricular activity participation, or school-related

 2  event attendance, which are financed in whole or part by state

 3  funds.

 4         (3)  A psychotropic medication shall not be

 5  administered to a student on school premises except under the

 6  following conditions:

 7         (a)  The medication must be dispensed to a student by a

 8  health care professional licensed under chapter 458, chapter

 9  459, chapter 461, chapter 464, or chapter 465.

10         (b)  The dispensing of the medication to a student must

11  fully comply with all privacy protections afforded to a

12  patient under the federal Health Insurance Portability and

13  Accountability Act.

14         (4)  School or school district personnel shall not

15  initiate, or make a referral for, diagnosis or treatment of a

16  student for any disorder listed in the Diagnostic and

17  Statistical Manual of Mental Disorders or in ICD-10.

18         Section 2.  This act shall take effect upon becoming a

19  law.

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