Legislature(2005 - 2006)BUTROVICH 205
04/12/2006 02:45 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB313 | |
| SB48 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 313 | TELECONFERENCED | |
| += | SB 48 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 48-PSYCH. EVALUATION/TREATMENT FOR STUDENTS
CHAIR DYSON announced SB 48 to be up for consideration. He
moved to adopt the version L as the committee's working
document. There were no objections and it was so ordered.
SENATOR BETTY DAVIS, sponsor of SB 48, deferred the introduction
of the bill to her aide Richard Benavides.
3:18:00 PM
RICHARD BENAVIDES, staff to Senator Davis, said that SB 48 would
ensure that a public school could not deny any student access to
programs or services simply because the parent of that student
has refused to place him on any kind of psychotropic medication
or get a psychiatric evaluation or seek a psychiatric or
psychological treatment for that student.
He said SB 48 also specifies who is qualified to perform
evaluations on students and it outlines protections parents have
against being reported to the Office of Child Services (OCS) for
refusal to put their children on psychotropic medication.
MR. BENAVIDES said the sponsor recognizes that often times
psychotropic medication is recommended and prescribed for
children with any kind of mental, behavioral, or emotional
symptoms when its potential benefits outweigh it potential
risks. The US Department of Education (USDOE) has made it clear
that while it recognizes that medical professionals are
responsible for prescribing medication, educators also play a
role in making any type of diagnosis by providing information
about a student's behavior.
MR. BENAVIDES said that in 2004 reauthorization of the IDAEA law
requires each state to prohibit any school district personal
from requiring a child to obtain a prescription for a substance
covered by the controlled substances act as a condition of
attending school, receiving services, or receiving an evaluation
for a disability.
He said that the bill incorporates the language from that law to
clarify that school personnel may share any kind of classroom
observations with parents or guardians regarding the student's
academic performance and behavior, but they may not compel any
specific action by the parent or require the student to take
medication.
MR. BENAVIDES said that the sponsor feels that any medical
decisions regarding student's needs should be a matter between
the student, the student's parents, and a competent health care
professional chosen by the parent. He added that nothing in the
bill precludes any school personal from using any other means of
dealing with behavioral problems.
3:20:00 PM
CHAIR DYSON remarked that there were some aspects of the L
version that caused him concern. He asked him Mr. Benavides to
describe some of the changes that were made since the last
version.
MR. BENAVIDES replied that the sponsor added the phrase "unless
authorized by law" after the phrase "school personnel may not"
on page 1, line 7. He added that this allows persons certified
by school districts to conduct psychological evaluations.
He said that the provision on the second page that prohibited
school personal from recommending a psychiatric evaluation was
dropped. He added that the phrase "except when refusal of
consent causes a child to suffer mental injury or neglect" was
added to line 4, page 2.
3:24:21 PM
CHAIR DYSON asked whether the purpose of this bill is to address
the common complaint that children are often inappropriately
medicated in response to their behavioral problems.
SENATOR DAVIS replied yes and added that it also defines what
teachers can and cannot do while addressing behavioral problems.
She said that she has heard several parents complain that they
felt they had to put their children on psychotropic drugs in
order to keep their children in school
3:27:21 PM
CHAIR DYSON remarked that due to tight scheduling, the committee
could not hear public testimony on the bill during the current
meeting. He added that the committee members would review the
written testimony of anyone who wised to testify on the bill.
SENATOR ELTON moved to report CSSB 48(HES) version out of
committee with individual recommendations and indeterminate
fiscal note. There were no objections and it was so ordered.
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