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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-95 SO AS TO PROVIDE THAT A SCHOOL MAY NOT DENY A STUDENT ACCESS TO PROGRAMS BECAUSE THE STUDENT'S PARENT HAS REFUSED TO PLACE THE STUDENT ON A PSYCHOTROPIC MEDICATION, TO PROHIBIT A TEACHER OR SCHOOL DISTRICT PERSONNEL FROM REQUIRING A STUDENT TO TAKE MEDICATION, TO PROVIDE THAT A PARENT MAY REFUSE PSYCHOLOGICAL SCREENING OF THE STUDENT, AND TO DEFINE "PSYCHOTROPIC MEDICATION".
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 mental disorders and includes, but is 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) 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, a teacher and school district personnel may not 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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