Bill Text: NJ S267 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires school districts to inform the parent or guardian of a student recommended to use certain medications of the possible side effects and potential negative consequences of those medications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Education Committee [S267 Detail]
Download: New_Jersey-2012-S267-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator MICHAEL J. DOHERTY
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Requires school districts to inform the parent or guardian of a student recommended to use certain medications of the possible side effects and potential negative consequences of those medications.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the use of certain medications by public school students and supplementing chapter 40 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In the event that a school district makes a recommendation to the parent or guardian of a student under 18 years of age that the student use psychotropic medication including, but not limited to, medication for the treatment of Attention Deficit Disorder or Attention Deficit and Hyperactivity Disorder, the school district shall inform the student's parent or guardian about the possible physical and psychological side effects and potential negative consequences of the medication, and any other factors that may be related to the administration of the psychotropic medication to the student, and shall obtain written verification from the student's parent or guardian that the notice was provided.
b. The Commissioner of Education shall develop and distribute to each school district a notification form for use by the district in obtaining the written verification of notice required pursuant to subsection a. of this section. The form shall include, but not be limited to, the following information:
(1) an acknowledgement that the person completing the form is the parent or legal guardian of the student;
(2) an acknowledgement that the parent or guardian has been provided with information concerning possible physical and psychological side effects of the medication, that he has reviewed those side effects, and is willing to accept any risks associated with those side effects;
(3) an acknowledgement that the use of the psychotropic medication may result in the student's ineligibility to serve in the armed forces;
(4) an acknowledgement that the parent or guardian has been presented with options other than the administration of medication, including, but not limited to, medical testing, remedial options, or other educational alternatives, and that the parent or guardian has a right to request those options and request assistance in exercising those options;
(5) an acknowledgement that if the parent or guardian consents to the recommended treatment, the student may be classified and that classification may result in potential negative consequences for the student including, but not limited to, impact upon future employment opportunities and ability to qualify for insurance; and
(6) an acknowledgment that the parent or guardian understands that there is no State or federal law that mandates that the parent or guardian agree to authorize a student to participate in a program that administers psychotropic medication.
2. This act shall take effect immediately.
STATEMENT
This bill requires school districts that recommend to the parent or guardian of a student under 18 years of age that the student use psychotropic medications, such as medications for the treatment of Attention Deficit Disorder or Attention Deficit and Hyperactivity Disorder, to inform the parent or guardian of the possible physical and psychological side effects and potential negative consequences that may result from using those medications. Under the bill, a school district which makes such a recommendation must obtain written verification from the student's parent or guardian that the notice was provided.
The Commissioner of Education is required to develop and distribute to each school district a notification form for use by the district in obtaining the written verification of notice. The bill details six specific items that are required to be included on the form such as: an acknowledgement that the parent or guardian has been provided with information concerning possible physical and psychological side effects of the medication; an acknowledgement that the use of the psychotropic medication may result in the student's ineligibility to serve in the armed forces; and an acknowledgement that if the parent or guardian consents to the recommended treatment, the student may be classified and that classification may result in potential negative consequences for the student such as impact upon future employment opportunities and ability to qualify for insurance.
