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.