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Assembly Bill A8491

2015-2016 Legislative Session

Directs the commissioner of education to establish rules and regulations prohibiting school personnel from recommending psychotropic drugs for children

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Archive: Last Bill Status - In Assembly Committee

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2015-A8491 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง305, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5648
2011-2012: A1321
2013-2014: A2972
2017-2018: A3646
2019-2020: A2930

2015-A8491 (ACTIVE) - Summary

Directs the commissioner of education to establish rules and regulations prohibiting school personnel from recommending psychotropic drugs for children.

2015-A8491 (ACTIVE) - Bill Text download pdf 

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

                                  8491

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

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 53 to read as follows:
  53. 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.
                                                           LBD04692-01-5

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