U.S. Bills & Resolutions Introduced Or Passed Against Coercive Psychiatric Labeling & Drugging Of Children

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U.S. BILLS & RESOLUTIONS INTRODUCED OR PASSED AGAINST COERCIVE PSYCHIATRIC LABELING & DRUGGING OF CHILDREN

In 1999, the Colorado State Board of Education passed a precedent-setting Resolution that asked school personnel to use academic rather than drug solutions to resolve problems with behavior, attention and learning. Since then, state legislatures, school boards and national organizations have responded to the need to protect children from arbitrary and forced psychiatric labeling and drugging, and to monitor the prescription rate of stimulants and other psychiatric drugs for children.

In 2001, two precedent-setting laws were passed in Connecticut and Minnesota that prevent school personnel from coercing or recommending that parents drug their children, especially as a requisite for remaining in class. Laws have also been necessary to protect parents against criminal charges being threatened or laid if they refuse to put their child on a mind-altering psychiatric drug.

1999: The Colorado State Board of Education resolution stated, "There are documented incidents of highly negative consequences in which psychiatric prescription drugs have been utilized for what are essentially problems of discipline which may be related to lack of academic success; and be it resolved that the State Board of Education encourage school personnel to use proven academic and/or classroom management solutions to resolve behavior, attention, and learning difficulties...."

2000: The Texas State Board of Education Resolution recommended, "that programs such as tutoring, vision testing, phonics, nutritional guidance, medical examinations, allergy testing, standard disciplinary procedures, and other remedies known to be effective and harmless, be recommended to parents as their options...."

2001: Four laws were passed in the states of Connecticut, Minnesota, North Carolina and Utah, and the Hawaii legislature passed a Resolution. The Connecticut law prohibited school personnel from recommending the use of psychotropic drugs for any child.

2002: Illinois and Virginia passed laws with similar protections provided in Connecticut's law. Illinois' law required school boards to adopt and implement policy prohibiting disciplinary action being taken against parents or guardians for refusing to administer, or consenting to administer, a psychotropic or stimulant drug. The law in Virginia directed the Board of Education to develop and implement policies prohibiting school personnel from recommending the use of psychotropic drugs for any student. The National Foundation of Women Legislators (NFWL) passed a resolution calling on the federal government to pass regulations or laws in relation to schools receiving federal funds that protect children from being wrongly diagnosed and stigmatized as mentally disordered and forced onto psychotropic drugs as a requirement of their education. The American Legislative Exchange Council (ALEC) also proposed two pieces of model legislation, one against schools coercing parents to drug their children (or recommending drugs) and the other against invasive psychological testing and questionnaires.

2003: A federal bill was introduced—HR 1170—which states that as a condition of receiving funds under any program or activity administered by the Secretary of Education, each state shall develop and implement policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for a controlled substance in schedule II under section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school or receiving services. [Schedule II means those drugs with a medical use that have the highest potential for abuse or drug dependence. Included in this category of schedule II drugs are Ritalin, Concerta (methylphenidate), Dexedrine, morphine and cocaine.]

An amendment was also added to federal bill H.R. 1350, the "Improving Education Results for Children with Disabilities Act of 2003," that amends and reauthorizes the Individuals with Disabilities Education Act. The amendment reads, "PROHIBITION ON PSYCHOTROPIC MEDICATION—The State educational agency develops and implements policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for substances covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school or receiving services." This bill covers all scheduled drugs, but, as with H.R. 1170, still does not yet cover all psychiatric drugs.

On a state level, sixteen states introduced 29 bills and/or resolutions. These were Alaska, Arizona, California, Colorado, Hawaii, Indiana, Kentucky, Massachusetts, Michigan, Mississippi, New Hampshire, Nevada, New York, Texas, Vermont and West Virginia.

1999:

State	Description	Introduced	Active	Passed
Colorado State Board of Education Resolution	Resolution promoting the use of academic solutions to resolve problems with behavior, attention and learning in the classroom.	10/99	PASSED	11/11/99
National Black Caucus Of State Legislators	Resolution strongly urges a national examination of the use of psychotropic drugs and their effects on children.	12/01/99	PASSED	12/03/99

2000:

State	Description	Introduced	Active	Passed
Georgia R 1079	The General Assembly of Georgia creates the Commission on Psychiatric Medication of School-Age Children, to investigate the usage and effects of psychiatric drugs on children and to provide recommendations for improved monitoring of the prescription rate of these drugs.	02/16/00	PASSED	05/01/00
Texas State Board of Education Resolution	Resolution urging local school personnel to use proven academic and/or management solutions to resolve behavior, attention and learning difficulties such as exams, tutoring, phonics, vision testing, etc., known to be effective and harmless.	11/01/00	PASSED	11/03/00
Washington HB 2912	An act relating to the use of psychiatric "medication" by children in state custody, and tracking the number of children being diagnosed and placed on psychiatric "medications."	01/21/00	PASSED	03/24/00

2001:

State	Description	Introduced	Active	Passed
Connecticut AB 5701	Prohibits school personnel from recommending the use of psychotropic drugs for any child. A parent or guardian refusing to administer, or consenting to administer, a psychotropic or stimulant cannot be grounds for a child to be taken into the custody of the Dept. of Child and Family Services.	01/12/01	PASSED	06/28/01
Hawaii SC Resolution 92	Requests the Department of Health and Department of Education jointly to research and examine non-"medication" alternatives for dealing with children who have learning and behavioral difficulties.	03/14/01	PASSED	04/12/01
Minnesota HB 478	Parents' refusal to give stimulant drugs to a child does not constitute educational neglect. States that a child does not have to take such drugs as a condition for re-admission to school after having been suspended. Also establishes a study and report system on the number of children in the state labeled with ADD/ADHD and taking such drugs, as well recording what pressures families have experienced when placing their child on these drugs.	02/01/01	PASSED	05/01/01
North Carolina SB 542	Calls for the establishment of a statewide database on the administration of psychotropic drugs to children who receive state services.	03/19/01	PASSED	05/25/01
Utah HB 170	Amends the definition of "substantiated child abuse" to exclude failure to administer psychiatric drugs or course of treatment if the parent has not been told of the opportunity to obtain a physical exam; authorizes Division of Child and Family Services to report an individual who is not a licensed health care provider to the appropriate licensing authority for making medical recommendations regarding administration of psychiatric drugs to children.	01/26/01	PASSED	03/15/01

2002:

State	Description	Introduced	Active	Passed
Illinois SB 1718	Requires school board to adopt and implement policy prohibiting disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to administer a psychotropic or stimulant drug.	01/10/02	PASSED	07/16/02
Virginia HB 90	Board of Education to develop and implement policies prohibiting school personnel from recommending the use of psychotropic drugs for any student. Student cannot be evaluated by a medical practitioner unless with the written consent of the student's parents.	01/31/02	PASSED	04/01/02
National National Foundation of Women Legislators (NFWL) Resolution	National Foundation of Women Legislators (NFWL) urges federal government to pass regulations or laws in relation to schools receiving federal funds that protect children from being wrongly diagnosed and stigmatized as mentally disordered, and forced onto psychotropic drugs as a requisite for their education.	11/23/02	PASSED	11/23/02
Texas HB 320	Refusal to administer or consent to administration of psychotropic drugs or any other psychiatric or psychological treatment to a child does not by itself constitute neglect.	12/20/02	INTRODUCED 12/20/02

2003:

State	Description	Introduced	Active	Passed
Federal HR 1170	As a condition of receiving funds under any program or activity administered by the Secretary of Education, each State shall develop and implement policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for a controlled substance in schedule II under section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school or receiving services.	3/11/03	Referred to the Subcommittee on Education Reform 3/24/2003
Federal Amendment to HR 1350	Amendment added to federal bill H.R. 1350 reauthorization of the Individuals with Disabilities Education Act: "State educational agency develops and implements policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for substances covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school or receiving services."	4/10/03	Committee on Education and the Workforce added amendment to H.R. 1350 4/10/03
Alaska SB 5	Prohibits school personnel from recommending or requiring a child take a psychotropic drug as a requisite for attending public school. Also prohibits filing a report to authorities of suspected child abuse or neglect based solely on the parent's/guardian's refusal to consent to the administration of a psychotropic drug or psychiatric, psychological, or behavioral treatment of child. And prohibits a court from making ruling of neglect or abuse against parent solely based on the same allegation.	01/10/03	Referred to Health Education and Social Services Committee and Finance Committee 1/21/03
Arizona HB 2007	Forbids a school district employee to require that a parent or guardian seek psychiatric or psychological diagnosis or evaluation for a child or to use a psychiatric drug on a child. Also prohibits school employees from giving a child a drug, psychiatric or psychological evaluation or transporting a child to a treatment facility without written consent from a parent or guardian.	01/13/03	Assigned to House Rules Committee 01/13/03 - Second Reading in House 01/14/03
Arizona SB 1034	Medical exam pilot project established to provide a full medical exam for children with behavioral problems to locate medical causes for these. Includes tests for nutritional and iron deficiencies, allergy tests, and tests for thyroid problems. The purpose is to reduce misdiagnosis and over prescribing psychiatric drugs to children.	01/15/03	Passed through Senate to the House and through 2nd reading 3/20/03
California AB 1424	Refusal of a parent or guardian to administer, or consent to administration of any medication or medical treatment for child does not constitute, in and of itself, a basis for child being removed from physical custody of parent or guardian.	2/21/03	Referred to Committees on Health and Judicial. Hearing date set for 5/06/03
Colorado HB 1172	Requires each school board to adopt a policy prohibiting school personnel from recommending or requiring the use of a psychotropic drug by any student.	1/15/03	Through House to Senate. Senate Third Reading Passed with Amendments. House did not concur with amendments. Request Conference Committee 4/01/03
Hawaii HB 272	Prohibits the Department of Health personnel from requiring, suggesting, or implying that a student take psychiatric drugs as a requisite to attending school.	1/17/03	Passed First Reading 1/21/03
Hawaii SB 999	Replicates House Bill 272 for the Senate: Prohibits the Department of Health personnel from requiring, suggesting, or implying that a student take psychiatric drugs as a condition of attending school.	1/21/03	Passed First Reading 1/21/03
Hawaii HB 273	A parent/guardian refusing to administer or to consent to administer psychiatric drugs to a child in school shall not be grounds, in and of itself, for the Dept. of Human Services to take the child into protective custody.	1/17/03	Passed First Reading 1/21/03
Hawaii SB 998	Replicates House Bill 273 for the Senate: A parent/guardian refusing to administer or to consent to administer psychiatric drugs to a child in school shall not be grounds, in and of itself, for The Dept. of Human Services to take the child into protective custody.	1/21/03	Passed First Reading 1/21/03
Hawaii HB 274	Requires the Dept. of Health, assisted by the Dept. of Education, to report annually for 5 years on the number of children in schools diagnosed with ADD or ADHD; the number of those children who receive special education services and classes; and how many of those are prescribed and using psychiatric drugs.	1/17/03	Passed First Reading 1/21/03
Hawaii SB 981	Replicates House Bill 274 for the Senate, requiring the Dept. of Health, assisted by the Dept. of Ed., to report annually for 5 years on number of children in schools diagnosed with ADD or ADHD; number of those children who receive special education; how many of those are prescribed and using psychiatric drugs.	1/21/03	Passed First Reading 1/21/03
Hawaii HB 275	Requires the Dept. of Health and the Dept. of Education to re-examine the legitimacy of the diagnoses of ADHD and ADD in their assessment of children under the category of attention problems and hyperactivity.	1/17/03	Passed First Reading 1/21/03
Hawaii SB 982	Replicates House Bill 275 for the Senate: Requires the Dept. of Health and the Dept. of Education to re-examine the legitimacy of diagnoses of ADHD and ADD in their assessment of children under the category of attention problems and hyperactivity.	1/21/03	Passed First Reading 1/21/03
Indiana HB 1974	Prohibits teachers from attempting to influence a parent or guardian to obtain psychotropic drugs for students, and forbids a student from being forced to take a psychotropic drug as a requisite for readmission after suspension for behavioral problems.	1/23/03	To House Committee on Education 1/23/03. Still in House Committee on Education. Rep. Reske added as coauthor 2/18/03
Kentucky HJR 67	House Joint Resolution that says, because of the concern about psychotropic drug effects and the increase of prescriptions for such drugs to children, the Kentucky Department of Education is requested to provide education and training to school personnel regarding the use of psychotropic drugs; it urges the Cabinet for Families and Children to adopt policy to ensure that a parent's refusal to place a child on psychotropic drugs shall not in and of itself constitute grounds for abuse or neglect.	1/10/03	Posted in Health & Welfare Committee 2/18/03
Massachusetts SB 674	Prior to practitioners prescribing psychotropic drugs to a minor, they must have the parent or guardian read, or be told verbally if incapable of understanding written information, fullinformation on the psychotropic drug(s) being prescribed from the Physician's Desk Reference Family Guide to Prescription Drugs and obtain written attestation that the information, including drug side effects, is understood. Written attest to be kept on file as part of child's record.	1/01/2003	To Committee on Health Care 01/01/03
Massachusetts SB 811	A parent's or legal guardian's refusal to medicate their child with psychotropic drug(s) or refusing to have him/her receive mental health counseling shall not be considered neglect.	1/01/03	To Joint Committee on Human Services and Elderly Affairs and filed as Senate Docket 703 1/01/03
Michigan HB 4024	Creates a psychotropic drug use advisory council to investigate, compile a report, and recommend policies pertaining to psychotropic drug use among children.	1/28/03	To Committee on Family and Children Services 1/28/03
Michigan HB 4025	Prohibits teachers from making a psychological or medical diagnosis of a behavioral condition or disorder in a child or recommending a child having to take a prescribed psychotropic drug.	1/28/03	Passed through Committee on Education, with recommendations that the bill be passed with one definition added. This "substitute bill" (meaning a bill that was amended) was then referred to the House. 3/26/03
Mississippi HB 94	An act to prohibit teachers, counselors, and other school officials from recommending psychiatric drugs for any child; and related purposes.	1/07/03	To Education Committee 1/07/03
Mississippi HB 168	An act to direct State Dept. of Health to conduct study on prescribed use of psychiatric drugs by school age children in the state and effects of psychiatric drugs on children and to present report of study to legislature.	1/07/03	House Committee on Public Health & Welfare 1/07/03
New Hampshire HB 551	Refusal of a parent or other guardian to administer or consent to the administration of any psychotropic drug to a child shall not, in and of itself, constitute grounds to take the child into custody, or for the court to order that such child be taken into custody.	1/09/03	To Children and Family Law Committee 1/09/03
Nevada SB 61	Prohibits employee or an agent of a school district from suggesting to a pupil or his or her parent or guardian that the pupil takes a psychotropic drug. Additionally, prohibits a pupil having to take a psychotropic drug as a requisite for remaining in class.	2/06/03	To Committee on Human Resources and Facilities 2/07/03
New York AB 2955	Enacts a "parent and pupil rights act" whereby all instructional material used in connection with any "psychiatric or psychological research or experimentation program or project," in elementary or secondary school, shall be available for inspection by parents or guardians; also prohibits such programs or projects having the purpose of revealing political affiliations, religious beliefs and practices, sex behavior and attitudes, and other listed privileged information.	2/03/03	Referred to Education Committee 2/03/03
New York AB 3563	Act amends education law to prohibit all school personnel and school districts from suggesting or recommending use of psychotropic drugs for any child. Any personnel or school district found guilty of the above "may be charged with the crime of professional misconduct...which relates to the practice of medicine without a license." Refusal of a parent or guardian to administer or agree to the administration of a psychotropic drug to a child shall not, in and of itself, constitute grounds for an investigation or removal of the child by Child Protective Services.	2/06/03	To Education Committee 2/06/03
Texas HB 1070	Parent's refusal to provide written consent for an employee of a school district to conduct a psychological exam, test, treatment or to permit a school employee to administer a psychotropic drug does not constitute neglect or abuse of a child. Any employee of a school district who uses or threatens to use a parent's refusal as the basis for making a report concerning abuse or neglect may be subject to a Class A misdemeanor charge and a parent may bring a civil court action against the school employee.	2/24/03	To Public Education Committee 2/24/03
Vermont SB 30	No school shall require a child to take psychiatric drugs as a requisite for attending school; parent or guardian may agree or disagree to allow the child to take psychiatric drugs; prohibits the unlawful possession of methylphenidate (Ritalin), with up to one year in prison or fines of up to $2,000.	1/23/03	To Senate Committee on Education 1/24/03
West Virginia SB 122	Requires public schools to comply with provisions of federal law governing release and elicitation of certain information concerning students and their families in connection with mental or health care services. No student may be required to submit to counseling, psychiatric or psychological treatment and experimental procedures, including surveys or tests, without the parents' informed consent. Parents have the right to exclude child from such tests/surveys based on religious, cultural, moral or political beliefs or affiliations.	1/10/03	To Senate Committee on Education 1/10/03
West Virginia HB 2111	Prohibits teachers and other school personnel from recommending that a pupil is in need of psychiatric treatment or evaluation or psychotropic, mood altering or other mind-altering drugs.	1/10/03	To House Committee on Education 1/10/03

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