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Current Status Bill Number:View additional legislative information at the LPITS web site.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
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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