Directs the commissioner of education to establish rules and regulations prohibiting school personnel from recommending psychotropic drugs for children.
STATE OF NEW YORK
________________________________________________________________________
3646
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to recommendations for
and refusals of the use of psychotropic drugs by children
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 305 of the education law is amended by adding a new
2 subdivision 56 to read as follows:
3 56. The commissioner shall establish rules and regulations prohibiting
4 school personnel from recommending psychotropic drugs for any child.
5 Such rules and regulations shall not in any way prohibit school medical
6 staff from recommending that a child see a medical doctor, nor prohibit
7 school personnel from consulting with a doctor, if parental consent to
8 do so has been granted.
9 § 2. Notwithstanding any other provision of law, rule or regulation to
10 the contrary, the refusal of a parent, guardian or person in parental
11 relation to a child to administer a psychotropic drug to such child
12 shall not be considered as grounds for that child's removal from their
13 custody, unless such a refusal results in the neglect or abuse of such
14 child.
15 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08972-01-7
