School district employees may not recommend psychotropic drugs, suggest a diagnosis, or use a parent’s refusal as the sole reason to bar a student from class or school activities. School district boards must adopt a policy to enforce the section.
Sec. 38.016. PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR EXAMINATIONS. (a) In this section: (1) "Nonphysician mental health professional" has the meaning assigned by Section 38.0101. (2) "Parent" includes a guardian or other person standing in parental relation. (3) "Psychotropic drug" means a substance that is: (A) used in the diagnosis, treatment, or prevention of a disease or as a component of a medication; and (B) intended to have an altering effect on perception, emotion, or behavior. (b) A school district employee may not: (1) recommend that a student use a psychotropic drug; or (2) suggest any particular diagnosis; or (3) use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity. (c) Subsection (b) does not: (1) prevent an appropriate referral under the child find system required under 20 U.S.C. Section 1412, as amended; (2) prohibit a school district employee, or an employee of an entity with which the district contracts, who is a registered nurse, advanced nurse practitioner, physician, or nonphysician mental health professional licensed or certified to practice in this state from recommending that a child be evaluated by a physician or nonphysician mental health professional; or (3) prohibit a school employee from discussing any aspect of a child's behavior or academic progress with the child's parent or another school district employee. (d) The board of trustees of each school district shall adopt a policy to ensure implementation and enforcement of this section. (e) An act in violation of Subsection (b) does not override the immunity from personal liability granted in Section 22.0511 or other law or the district's sovereign and governmental immunity. Added by Acts 2003, 78th Leg., ch. 1058, Sec. 1, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.008, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.14, eff. December 1, 2019.