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.
Structure Texas Statutes
Chapter 38 - Health and Safety
Subchapter A. General Provisions
Section 38.001. Immunization; Requirements; Exceptions
Section 38.002. Immunization Records; Reporting
Section 38.0025. Dissemination of Bacterial Meningitis Information
Section 38.003. Screening and Treatment for Dyslexia and Related Disorders
Section 38.0031. Classroom Technology Plan for Students With Dyslexia
Section 38.0032. Dyslexia Training Opportunities
Section 38.004. Child Abuse Reporting and Programs
Section 38.0041. Policies Addressing Sexual Abuse and Other Maltreatment of Children
Section 38.0042. Posting Child Abuse Hotline Telephone Number
Section 38.005. Protective Eye Devices in Public Schools
Section 38.006. E-Cigarettes and Tobacco Products on School Property
Section 38.007. Alcohol-Free School Zones
Section 38.008. Posting of Steroid Law Notice
Section 38.009. Access to Medical Records
Section 38.0095. Parental Access to Medical Records
Section 38.010. Outside Counselors
Section 38.0101. Authority to Employ or Contract With Nonphysician Mental Health Professional
Section 38.011. Dietary Supplements
Section 38.012. Notice Concerning Health Care Services
Section 38.013. Coordinated Health Program for Elementary, Middle, and Junior High School Students
Section 38.0141. Reporting of Certain Health and Safety Information Required
Section 38.015. Self-Administration of Prescription Asthma or Anaphylaxis Medicine by Students
Section 38.0151. Policies for Care of Certain Students at Risk for Anaphylaxis
Section 38.016. Psychotropic Drugs and Psychiatric Evaluations or Examinations
Section 38.017. Availability of Automated External Defibrillator
Section 38.018. Procedures Regarding Response to Cardiac Arrest
Section 38.0181. Cardiovascular Screening Pilot Program
Section 38.019. Immunization Awareness Program
Section 38.021. Use of Sunscreen Products
Section 38.022. School Visitors
Section 38.023. List of Resources Concerning Internet Safety
Section 38.0231. Guidelines for Use of Digital Devices
Section 38.024. Insurance Against Student Injuries
Section 38.026. Grant Program for Best Practices in Nutrition Education
Section 38.027. Electronic Communication Policy
Section 38.030. Traumatic Injury Response Protocol
Section 38.031. Notice of Lice
Section 38.032. Seizure Management and Treatment Plan
Section 38.033. Seizure Recognition and Related First Aid Training
Section 38.034. School Health and Related Services Program; Eligibility for Audiology Services