MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Education
By: Representative Fleming
AN ACT TO PROHIBIT TEACHERS, COUNSELORS AND OTHER SCHOOL OFFICIALS FROM RECOMMENDING PSYCHIATRIC DRUGS FOR ANY CHILD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Each local school board shall adopt and implement policies prohibiting any teacher, counselor or other school personnel from recommending the use of psychiatric drugs for any child. However, this section does not prohibit: (a) school medical staff from recommending that a child be evaluated by an appropriate medical practitioner; or (b) school personnel from consulting, with the consent of a child's parent or guardian, with a medical practitioner concerning the child.
(2) The refusal of a parent or other person having control of a child to administer or consent to the administration of any psychiatric drug to that child does not, in and of itself, constitute grounds for the Department of Human Services to take the child into custody or for any court of competent jurisdiction to order that the child be taken into custody by the department unless the refusal causes the child to be neglected or abused, as defined in Section 43-21-105.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.