STATE OF NEW YORK
2013-2014 Regular Sessions
January 22, 2013
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
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
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.