This just passed....
http://www.le.state.ut.us/~2005/bills/h ... 042s01.htm General Description:
This bill prohibits school personnel from making certain medical recommendations for a minor, including the use of psychotropic drugs, and prohibits consideration of a petition for removal of a minor, and removal of a minor from parental custody based on a parent's refusal to consent to the administration of psychotropic drugs. Highlighted Provisions:
This bill:
prohibits school personnel from making certain medical recommendations for a minor, including the use of psychotropic drugs; prohibits the removal of a minor from parental custody based on a parent's refusal to consent to the administration of psychotropic drugs; and
prohibits the consideration of a petition for removal of a minor from parental custody based on a parent's refusal to consent to the administration of psychotropic drugs.
Except as provided in Subsection (4), (5), or (6), school personnel may not:
(a) recommend to a parent or guardian that a child take or continue to take a psychotropic drug as a condition for attending school; (b) require that a child take or continue to take a psychotropic drug as a condition for attending school; (c) recommend that a parent or guardian seek or use any of the following: (i) the administration of any psychotropic medication to a child;
(ii) a psychiatric or psychological treatment for a child; or
(iii) a psychiatric evaluation of a child;
(d) conduct a psychiatric or behavioral health evaluation or mental health screening, test, evaluation, or assessment of a child; (e) recommend a licensed physician, psychologist, or any other health specialist to a parent or guardian for a child; or (f) make a child abuse or neglect report to authorities, including the Division of Child and Family Services, solely H. or primarily .H on the basis that a parent or guardian refuses to consent to:
(i) the administration of a psychotropic drug to a child;
(ii) a psychiatric, psychological, or behavioral treatment for a child; or
(iii) a psychiatric or behavioral health evaluation of a child.
(3) Nothing in this section may be construed to restrict school personnel from:
(a) communicating information between school personnel regarding a child;
(b) informing a child's parent or guardian of a perceived behavioral problem of the child, provided that:
(i) an assertion or recommendation is not made in violation of Subsection (2); and
(ii) an attempt is not made to denigrate, criticize, or punish a parent, guardian, or child
for a decision made by the parent or guardian for the child to take, not take, or discontinue to
take a psychotropic drug; or (c) exercising their authority relating to the placement within the school or readmission of a child who may be or has been suspended or expelled for a violation of Section 53A-11-904 .
(4) Notwithstanding Subsections (2)(c) and (d), a mental health professional acting in accordance with Title 58, Chapter 60, Mental Health Professional Practice Act, or licensed through the State Board of Education, working within the school system may, for the sole purpose of complying with federal education law:
(a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
(b) recommend, but not require, psychiatric, psychological, or behavioral treatment for a child; and
(c) conduct a psychiatric or behavioral health evaluation or mental health screening, test, evaluation, or assessment of a child if a child's parent or guardian signs a consent form that provides notice of the specific psychiatric or behavioral mental health evaluation or mental
health screening, test, evaluation, or assessment and includes a copy of any mental health test
that will be administered.
(5) Notwithstanding Subsection (2)(f), school personnel may make a report that would otherwise be prohibited under Subsection (2)(f) if failure to take the action described under Subsection (2)(f) would present a serious, imminent risk to the child's safety or the safety of others.
(6) A local school board shall adopt a policy that indicates that a violation of this section is cause for disciplinary action under Section 53A-8-104 .
More at the link.