Fwd: [SSRI-Research] HB 320 has finally passed 2 new laws in Texas!!!

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Wed, 04 Jun 2003 01:50:34 -0000

[sSRI-Research] HB 320 has finally passed 2 new laws in Texas!!!

 

HB 320 has finally passed 2 new laws in Texas!!!

 

 

Hi all,

 

WE have accomplished our intention to creat 2 new laws in

Texas (the othere is HB 1406), backing off the schools from

pushing psychiatric diagnoses and drugs on children by

coercing parents, and backing off Child Protective SErvices from

threatening and violating parents who resist the coercion.

 

We had another big win last night around 8:45 (3 hours before

sine die) when the Senate passed the conference report on HB

320. This went to conference because the psychiatry lobby had

managed to get psychotropic drugs reduced to stimulant drugs

for ADHD. The full text of the bill is below. AS you can see, the

final bill revises the family code to say that refusal of ANY psych

drug or treatment is not neglect::

 

(b) The refusal of a parent, guardian, or managing or

possessory conservator of a child to administer or consent to the

administration of a psychotropic drug to the child, or to consent

to

any other psychiatric or psychological treatment of the child,

does

not by itself constitute neglect of the child

 

 

The bill also revises the education code to make it unlawful for

teachers to threaten parents with a CPS violation:

 

(b) An employee of a school district may not use or threaten

to use the refusal of a parent, guardian, or managing or

possessory

conservator of a child to administer or consent to the

administration of a psychotropic drug to the child, or to consent

to

any other psychiatric or psychological testing or treatment of the

child, as the sole basis for making a report of neglect of the child

 

Thanks to all for your help. We needed every ounce of energy to

accomplish this. Now let's get the word out!

 

John

 

 

 

 

H.B. No. 320

 

 

AN ACT

 

 

relating to the refusal to administer or consent to the

administration of certain psychiatric or psychological treatment

to a child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF

TEXAS:

SECTION 1. Chapter 26, Education Code, is amended by

adding

Section 26.0091 to read as follows:

Sec. 26.0091. REFUSAL OF PSYCHIATRIC OR

PSYCHOLOGICAL

TREATMENT OF CHILD AS BASIS OF REPORT OF NEGLECT.

(a) In this

section, " psychotropic drug " has the meaning assigned by

Section

261.111, Family Code.

(b) An employee of a school district may not use or threaten

to use the refusal of a parent, guardian, or managing or

possessory

conservator of a child to administer or consent to the

administration of a psychotropic drug to the child, or to consent

to

any other psychiatric or psychological testing or treatment of the

child, as the sole basis for making a report of neglect of the child

under Subchapter B, Chapter 261, Family Code, unless the

employee

has cause to believe that the refusal:

(1) presents a substantial risk of death,

disfigurement, or bodily injury to the child; or

(2) has resulted in an observable and material

impairment to the growth, development, or functioning of the

child.

SECTION 2. Subchapter A, Chapter 29, Education Code, is

amended by adding Section 29.0041 to read as follows:

Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN

PSYCHOLOGICAL EXAMINATIONS OR TESTS. (a) On request

of a child's

parent, before obtaining the parent's consent under 20 U.S.C.

Section 1414 for the administration of any psychological

examination or test to the child that is included as part of the

evaluation of the child's need for special education, a school

district shall provide to the child's parent:

(1) the name and type of the examination or test; and

(2) an explanation of how the examination or test will

be used to develop an appropriate individualized education

program

for the child.

(b) If the district determines that an additional

examination or test is required for the evaluation of a child's

need

for special education after obtaining consent from the child's

parent under Subsection (a), the district shall provide the

information described by Subsections (a)(1) and (2) to the child's

parent regarding the additional examination or test and shall

obtain additional consent for the examination or test.

© The time required for the district to provide

information and seek consent under Subsection (b) may not be

counted toward the 60 calendar days for completion of an

evaluation

under Section 29.004. If a parent does not give consent under

Subsection (b) within 20 calendar days after the date the district

provided to the parent the information required by that

subsection,

the parent's consent is considered denied.

SECTION 3. Subchapter B, Chapter 261, Family Code, is

amended by adding Section 261.111 to read as follows:

Sec. 261.111. REFUSAL OF PSYCHIATRIC OR

PSYCHOLOGICAL

TREATMENT OF CHILD. (a) In this section, " psychotropic drug "

means

a substance that is:

(1) used in the diagnosis, treatment, or prevention of

a disease or as a component of a medication; and

(2) intended to have an altering effect on perception,

emotion, or behavior.

(b) The refusal of a parent, guardian, or managing or

possessory conservator of a child to administer or consent to the

administration of a psychotropic drug to the child, or to consent

to

any other psychiatric or psychological treatment of the child,

does

not by itself constitute neglect of the child unless the refusal to

consent:

(1) presents a substantial risk of death,

disfigurement, or bodily injury to the child; or

(2) has resulted in an observable and material

impairment to the growth, development, or functioning of the

child.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2003.

 

 

 

 

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