South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

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
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    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

1/9/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A 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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