South Carolina General Assembly
114th Session, 2001-2002

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Bill 853


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      853
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020109
Primary Sponsor:                  Fair
All Sponsors:                     Fair
Drafted Document Number:          l:\council\bills\nbd\11059ac02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          School districts to adopt policies 
                                  prohibiting school personnel from recommending 
                                  use of psychotropic drugs for any child; 
                                  provisions when parent or guardian refuse to 
                                  administer drugs


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020109  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976 BY ADDING SECTION 59-63-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT POLICIES PROHIBITING SCHOOL PERSONNEL FROM RECOMMENDING THE USE OF PSYCHOTROPIC DRUGS AND TO PROVIDE THAT THE REFUSAL OF A PARENT TO ADMINISTER PSYCHOTROPIC DRUGS IS NOT, IN AND OF ITSELF, GROUNDS TO TAKE THE CHILD INTO CUSTODY UNLESS THE REFUSAL CAUSES THE CHILD TO BE NEGLECTED OR ABUSED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 59-63-80. (A) Each school district shall adopt and implement policies prohibiting any school personnel from recommending the use of psychotropic drugs for any child. This does not prohibit school medical staff from recommending that a child be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with a practitioner with the consent of the parents or guardian of a child.

(B) The refusal of a parent or other person having control of a child to administer or consent to the administration of any psychotropic drug to the child does not, in and of itself, constitute grounds for the Department of Social Services to take the child into custody or for a family court to order that the child be taken into custody by the department, unless the refusal causes the child to be neglected or abused, as defined in Section 20-7-490."

SECTION 2. This act takes effect upon approval by the Governor.

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