Amendment
Bill No. 0527

Amendment No. 390183

CHAMBER ACTION
Senate		House
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1	Representative(s) Barreiro offered the following:
2
3	Amendment (with title amendment)
4	Remove line(s) 274-277 and insert:
5	Section 3.  Subsections (8) and (9) are added to section
6	1003.57, Florida Statutes, to read:
7	1003.57  Exceptional students instruction.--Each district
8	school board shall provide for an appropriate program of special
9	instruction, facilities, and services for exceptional students
10	as prescribed by the State Board of Education as acceptable,
11	including provisions that:
12	(8)  Before a public school student may be evaluated for an
13	emotional, behavioral, or mental disorder, the parent must be
14	fully informed of all known and potential consequences of and
15	alternatives for such evaluation, including, but not limited to,
16	the following:
17	(a)  The behaviors prompting the evaluation could be the
18	result of underlying physical conditions including but not
19	limited to one or more of the following: poor nutrition;
20	exposure to toxins, including, but not limited to, lead,
21	mercury, pesticides, and other neurotoxins; allergies; seizure
22	disorders; thyroid imbalances; or sleep deprivation.
23	(b)  The parent may want to consider consulting a medical
24	doctor to rule out physical causes before pursuing psychological
25	or psychiatric evaluation for his or her child.
26	(c)  Psychological and psychiatric evaluation and diagnosis
27	of mental and behavioral disorders are based on subjective
28	interpretation and not on objective medical tests or physical
29	markers, such as blood tests, brain scans, or X rays.
30	(d)  Recommended treatment for emotional, behavioral, or
31	mental disorders may include psychotropic medications that may
32	have potential dangerous side effects, including suicidal and
33	psychotic behavior and other side effects listed in the package
34	insert currently approved by the United States Food and Drug
35	Administration for the medication.
36	(e)  There are alternative interventions for mental and
37	behavioral disorders that do not include psychotropic
38	medications which the parent has the right to consider and use.
39	The specially designed instruction and related services of
40	special education programs are available to the child regardless
41	of the parent's choice of behavioral, mental, or medical care
42	for the child.
43	(9)  The Department of Education shall provide a written
44	form to each school district that includes the information
45	required under subsection (8), which shall be provided to the
46	parent of any child referred for evaluation of an emotional,
47	behavioral, or mental disorder or any other psychological or
48	psychiatric disorder. The informed consent form must contain a
49	provision for signed acknowledgement of having read the
50	information and consent or lack of consent provided by the
51	parent for the evaluation. The informed consent form shall be
52	provided to each parent concurrent with any procedural safeguard
53	notification provided to the parent of a student being
54	considered for inclusion in an exceptional student education
55	program.
56	Section 4.  Section 1006.0625, Florida Statutes, is amended
57	to read:
58	1006.0625  Administration of psychotropic medication;
59	prohibition; conditions.--
60	(1)  As used in this section, the term "psychotropic
61	medication" means a prescription medication that is used for the
62	treatment of mental disorders and includes, without limitation,
63	hypnotics antihypnotics, antipsychotics, antidepressants,
64	anxiety agents, sedatives, neurostimulants psychomotor
65	stimulants, and mood stabilizers.
66	(2)  A public school may not deny any student access to
67	programs or services because the parent of the student has
68	refused to place the student on psychotropic medication.
69	(3)  A public school teacher and school district personnel
70	may share school-based observations of a student's academic,
71	functional, and behavioral performance with the student's parent
72	and offer program options and other assistance that is available
73	to the parent and the student based on the observations.
74	However, a public school teacher and school district personnel
75	may not compel or attempt to compel any specific actions by the
76	parent or require that a student take medication. The A parent
77	of a student must consent to any psychological screening of the
78	student and may refuse such psychological screening of the
79	student.
80	(4)  Public school and school district personnel may not
81	recommend psychotropic medications to any parent. The parent of
82	a student who refuses to provide psychotropic medication to his
83	or her child may not be charged with child neglect or abuse.
84
85	Any medical decision made to address a student's needs is a
86	matter between the student, the student's parent, and a
87	competent health care professional chosen by the parent.
88	Section 5.  One full-time equivalent position is authorized
89	and the sum of $100,000 is appropriated from the General Revenue
90	Fund to the Office of Drug Control for the purpose of
91	implementing ss. 397.3335 and 397.3336, Florida Statutes, as
92	created by this act, during the 2006-2007 fiscal year.
93	Section 6.  This act shall take effect July 1, 2006.
94
95	======= T I T L E  A M E N D M E N T =======
96	Remove line(s) 6-27 and insert:
97	An act relating to mental health; creating s. 397.3335,
98	F.S.; creating the Statewide Office for Suicide Prevention
99	in the Office of Drug Control; providing the goals and
100	objectives of the office; creating the position of
101	statewide coordinator for the statewide office, contingent
102	upon a specific appropriation; specifying the education
103	and experience requirements for the position of
104	coordinator; detailing the duties and responsibilities of
105	the coordinator; authorizing the Statewide Office for
106	Suicide Prevention to seek and accept grants or funds from
107	any source to support its operation; creating s. 397.3336,
108	F.S.; creating the Suicide Prevention Coordinating Council
109	within the Office of Drug Control; providing the scope of
110	activities for the coordinating council; creating an
111	interagency workgroup for state agencies within the
112	coordinating council in order to coordinate state agency
113	plans for suicide prevention; authorizing the coordinating
114	council to assemble an ad hoc committee to advise the
115	coordinating council; requiring a report to the Governor
116	and Legislature; providing for membership on and meetings
117	of the coordinating council; providing per diem and travel
118	expenses for coordinating council members; amending s.
119	1003.57, F.S.; requiring a parent to be fully informed of
120	consequences and alternatives prior to his or her child's
121	evaluation for an emotional, behavioral, or mental
122	disorder; specifying information relating to consequences
123	of and alternatives to such evaluation; requiring the
124	Department of Education to provide to school districts a
125	form to obtain a parent's informed consent; amending s.
126	1006.0625 F.S.; revising provisions relating to
127	administration of psychotropic medication in public
128	schools; requiring parental consent for psychological
129	screening; prohibiting recommendations for use of
130	psychotropic medications; providing that refusal to
131	provide psychotropic medication does not constitute child
132	abuse or neglect; providing an

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