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Introduced Version House Bill 4411 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4411


(By Delegates Susman and Hubbard)

[Introduced February 5, 2002; referred to the

Committee on Education.]





A BILL to amend article five, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-c, relating to prohibiting school personnel from recommending the use of schedule II drugs for pupils; declaring legislative policy; providing that the prohibition does not extend to school medical staff recommending that a child be evaluated by an appropriate physician.

Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one-c, to read as follows:
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.

§18A-5-1c. Legislative findings; recommendations for use of schedule II drugs for pupils prohibited; school medical personnel may recommend pupils be seen by appropriate physicians.

(a) The Legislature hereby finds that the use and suggested use of schedule II drugs to medicate pupils with perceived behavior problems in this state is widespread and that many times the use or suggestion to use schedule II drugs to address
these problems are misplaced, inappropriate and counter-productive.
(b) No teacher, principal or other employee of any county school board may recommend to any person that a child would benefit by the use of any schedule II substance, as enumerated under the provisions of section two hundred six, article two, chapter sixty-a of this code, or that a child is otherwise in need of being medicated with any such schedule II substance.
(c) The provisions of subsection (b) of this section do not prohibit school medical staff from recommending that a child be evaluated by an appropriate medical practitioner. Nor do such provisions prohibit school personnel from consulting with such practitioner with the consent of the parents or guardian of the child.


NOTE: The purpose of this bill is to
prohibit school personnel from recommending the use of schedule II drugs for pupils. The bill contains a provision declaring legislative policy and it provides that the prohibition does not extend to school medical staff recommending that a child be evaluated by an appropriate physician.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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