Text: HF02045 Text: HF02047 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.2, subsection 6, paragraph f, Code
1 2 Supplement 2001, is amended to read as follows:
1 3 f. Who is in need of treatment to cure or alleviate
1 4 serious mental illness or disorder, or emotional damage as
1 5 evidenced by severe anxiety, depression, withdrawal or
1 6 untoward aggressive behavior toward self or others and whose
1 7 parent, guardian, or custodian is unwilling or unable to
1 8 provide such treatment. A child's need for treatment with a
1 9 psychotropic drug shall only be determined by a physician
1 10 licensed under chapter 148 or 150A.
1 11 Sec. 2. NEW SECTION. 280.28 USE OF PSYCHOTROPIC DRUG.
1 12 The board of directors of each public school and the
1 13 authorities in charge of each nonpublic school shall adopt a
1 14 policy prohibiting a school employee from recommending that a
1 15 child be prescribed a psychotropic drug and the superintendent
1 16 of each public school shall adopt rules to implement the
1 17 policy. The policy and rules shall allow a school nurse, area
1 18 education agency specialist, or other school employee who is
1 19 professionally qualified to provide health care services, to
1 20 recommend that an appropriate physician licensed under chapter
1 21 148 or 150A evaluate a child's behavior and the efficacy of
1 22 prescribing a psychotropic drug. In addition, the policy and
1 23 rules shall allow a school employee who has received the
1 24 consent of a child's parent or guardian to consult with such a
1 25 physician.
1 26 EXPLANATION
1 27 This bill relates to determinations of the need for a
1 28 child's treatment with a psychotropic drug under child in need
1 29 of assistance procedures and school policies.
1 30 The child in need of assistance definition in Code section
1 31 232.2, involving a child who is need of treatment to cure or
1 32 alleviate a serious mental illness or disorder, or emotional
1 33 damage, is amended to provide that only a physician can
1 34 determine a child's need for treatment with a psychotropic
1 35 drug. The physician must be licensed under Code chapter 148,
2 1 relating to the practice of medicine and surgery, or Code
2 2 chapter 150A, relating to the practice of osteopathic medicine
2 3 and surgery.
2 4 New Code section 280.28 requires the board of directors of
2 5 each public school and the authorities in charge of each
2 6 nonpublic school to adopt a policy prohibiting a school
2 7 employee from recommending that a child use a psychotropic
2 8 drug. The superintendent of each public school is directed to
2 9 adopt rules to implement the policy. The policy and rules are
2 10 also to allow a school nurse, area education agency
2 11 specialist, or other school employee who is professionally
2 12 qualified to provide health care services, to recommend that
2 13 an appropriate physician licensed defined in under Code
2 14 chapter 148 or 150A evaluate a child's behavior and the
2 15 efficacy of prescribing a psychotropic drug. In addition, the
2 16 policy and rules are to allow a school employee who has
2 17 received the consent of a child's parent or guardian to
2 18 consult with such physician.
2 19 LSB 5044HH 79
2 20 jp/pj/5
Text: HF02045 Text: HF02047 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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