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S. 237
STATUS INFORMATION
General Bill
Sponsors: Senator Leatherman
Document Path: l:\s-res\hkl\001psyc.dag.doc
Companion/Similar bill(s): 3240
Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Education
Summary: Psychotropic medication
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/9/2007 Senate Introduced and read first time SJ-135 1/9/2007 Senate Referred to Committee on Education SJ-135
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND ARTICLE 1, CHAPTER 63, TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-63-95, TO PROVIDE THAT A SCHOOL MAY NOT DENY A STUDENT ACCESS TO PROGRAMS OR SERVICES BECAUSE THE STUDENT'S PARENT HAS REFUSED TO PLACE THE STUDENT ON PSYCHOTROPIC MEDICATION, TO PROHIBIT A TEACHER OR SCHOOL PERSONNEL FROM REQUIRING A STUDENT TAKE MEDICATION, AND TO PROVIDE THAT A PARENT MAY REFUSE A PSYCHOLOGICAL SCREENING OF THE STUDENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-95. (A) As used in this section, 'psychotropic medication' means a prescription medication that is used for the treatment of a mental disorder, including, but not limited to, antihypnotics, antipsychotics, antidepressants, anxiety agents, sedatives, psychomotor stimulants, and mood stabilizers.
(B) A school may not deny any student access to programs or services because the parent of the student has refused to place the student on psychotropic medication.
(C) Both a teacher and school district personnel may share school-based observations of a student's academic, functional, and behavioral performance with the student's parent, and offer program options and other assistance that are available to the parent and the student based on these observations. However, neither a teacher nor school district personnel may compel or attempt to compel any specific action by the parent or require a student to take medication. A parent may refuse psychological screening of the student. Any medical decision made to address a student's needs is a matter between the student, the student's parent, and a competent health care professional chosen by the parent."
SECTION 2. This act takes effect July 1, 2007.
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