The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2972

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

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:

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 43 to read as follows:
  43. THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS PROHIBITING
SCHOOL PERSONNEL FROM RECOMMENDING PSYCHOTROPIC  DRUGS  FOR  ANY  CHILD.
SUCH  RULES AND REGULATIONS SHALL NOT IN ANY WAY PROHIBIT SCHOOL MEDICAL
STAFF FROM RECOMMENDING THAT A CHILD SEE A MEDICAL DOCTOR, NOR  PROHIBIT
SCHOOL  PERSONNEL  FROM CONSULTING WITH A DOCTOR, IF PARENTAL CONSENT TO
DO SO HAS BEEN GRANTED.
  S 2. Notwithstanding any other provision of law, rule or regulation to
the contrary, the refusal of a parent, guardian or  person  in  parental
relation  to  a  child  to  administer a psychotropic drug to such child
shall not be considered as grounds for that child's removal  from  their
custody,  unless  such a refusal results in the neglect or abuse of such
child.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07173-01-3