71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 620
House Bill 3630
Sponsored by Representative MORRISETTE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits public school personnel from requiring that
psychotropic medication be prescribed for or dispensed to
students. Permits Teacher Standards and Practices Commission to
take disciplinary action for violation of prohibition.
Requires Board of Medical Examiners to adopt training
procedures for physicians who prescribe and dispense psychotropic
medication to children. Requires Oregon State Board of Nursing to
adopt training procedures for nurse practitioners who dispense
psychotropic medication to children.
Declares emergency, effective September 1, 2001.
A BILL FOR AN ACT
Relating to psychotropic medication administered to children;
creating new provisions; amending ORS 342.175; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A public kindergarten through grade 12
school administrator, teacher, counselor or nurse may not:
(a) Require that psychotropic medication be prescribed for or
dispensed to a student;
(b) Coerce a student to take psychotropic medication; or
(c) Threaten a student with expulsion or other disciplinary
action based on the fact that psychotropic medication is not
prescribed for or dispensed to the student.
(2) The State Office for Services to Children and Families
shall develop by rule procedures for the use of psychotropic
medication by students who are enrolled in public kindergarten
through grade 12 schools.
(3) As used in this section:
(a) 'Psychotropic medication' means medication the prescribed
intent of which is to affect or alter thought processes, mood or
behavior, including but not limited to antipsychotic,
antidepressant and anxiolytic medication and behavior-altering
medication. The classification of a medication depends upon its
stated, intended effect when prescribed because it may have many
different effects.
(b) 'Psychotropic medication' includes, but is not limited to,
Ritalin (methylphenidate), Dexedrine (dextroamphetamine), Prozac
(fluoxetine), Zoloft (sertraline), Paxil (paroxetine), clonidine,
imipramine and desipramine. + }
SECTION 2. ORS 342.175 is amended to read:
342.175. (1) The Teacher Standards and Practices Commission may
suspend or revoke the license of a teacher or administrator,
discipline a teacher or administrator or suspend or revoke the
right of any person to apply for a license if the person has held
a license at any time within five years prior to issuance of the
notice of charges under ORS 342.176 based on the following:
(a) Conviction of a crime not listed in ORS 342.143 (3);
(b) Gross neglect of duty;
(c) Any gross unfitness;
(d) Conviction of a crime for violating any law of this or any
state or of the United States involving the illegal use, sale or
possession of controlled substances;
(e) Any false statement knowingly made in an application for
issuance, renewal or reinstatement of a license; { - or - }
(f) Failure to comply with any condition of reinstatement under
subsection (3) of this section or any condition of probation
under ORS 342.177 (3)(b) { + ; or
(g) Violation of section 1 of this 2001 Act + }.
(2) Notwithstanding ORS 670.280, the commission shall revoke
any license or registration and shall revoke the right of any
person to apply for a license or registration if the person has
held a license or registration at any time within five years
prior to issuance of the notice of charges under ORS 342.176 when
the holder or person has been convicted of any crime described in
ORS 342.143 (3).
(3) Except for convictions for crimes listed in ORS 342.143 (3)
and subject to subsection (4) of this section, any person whose
license or registration has been suspended or revoked or whose
privilege to apply for a license or registration has been revoked
may apply to the commission for reinstatement of the license or
registration after one year from the date of the suspension or
revocation. The commission may require an applicant for
reinstatement to furnish evidence satisfactory to the commission
of good moral character, mental and physical health and such
other evidence as the commission may consider necessary to
establish the applicant's fitness. The commission may impose a
probationary period and such conditions as it considers necessary
upon approving an application for reinstatement.
(4) The commission shall reconsider immediately a license or
registration suspension or revocation or the situation of a
person whose privilege to apply for a license or registration has
been revoked, upon application therefor, when the license or
registration suspension or revocation or the privilege revocation
is based on a criminal conviction that is reversed on appeal.
(5) Violation of rules adopted by the commission relating to
competent and ethical performance of professional duties shall be
admissible as evidence of gross neglect of duty or gross
unfitness.
(6) A copy of the record of conviction, certified to by the
clerk of the court entering the conviction, shall be conclusive
evidence of a conviction described in this section.
SECTION 3. { + Section 4 of this 2001 Act is added to and made
a part of ORS chapter 677. + }
SECTION 4. { + (1) Pursuant to ORS 677.265, the Board of
Medical Examiners shall adopt training procedures for physicians
who prescribe and dispense psychotropic medication to children.
(2) As used in this section, 'psychotropic medication' has the
meaning given that term in section 1 of this 2001 Act. + }
SECTION 5. { + Section 6 of this 2001 Act is added to and made
a part of ORS 678.010 to 678.410. + }
SECTION 6. { + (1) Pursuant to ORS 678.390, the Oregon State
Board of Nursing shall adopt training procedures for nurse
practitioners who dispense psychotropic medication to children.
(2) As used in this section, 'Psychotropic medication' has the
meaning given that term in section 1 of this 2001 Act. + }
SECTION 7. { + Sections 4 and 6 of this 2001 Act become
operative on February 1, 2002. + }
SECTION 8. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect September 1,
2001. + }
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