Educators wary of bill restricting recommendations on medicine

A bill that would restrict teachers from making recommendations about medications for their students — particularly psychotropic drugs — passed out of a legislative committee Tuesday.

HB299, sponsored by Rep. Michael Morley, R-Spanish Fork, would also forbid the state Division of Child and Family Services from attempting to remove children from their parent's custody if the parents decline to administer psychotropic medicine.

The House Law Enforcement and Criminal Justice Committee passed HB299 in a 6-3 vote.

The bill is similar to the "Ritalin bill" passed by the Legislature last year but vetoed by Gov. Jon Huntsman Jr. after he expressed concerns about it restricting communication between parents and teachers.

That concern was echoed Tuesday by several people who spoke against HB299.

"One of the main comments that I've heard regarding this issue is parents and educators saying that they are unwilling or discouraged from working together because of the nature of this legislation," said Carol Lear, the State Office of Education's director of school law and legislation.

The Board of Education's position, she said, is that the legislation is unnecessary because of a 3-year-old rule that already prohibits educators from making medication a condition of schooling.

"The system we have is working," Lear said.

Although Morley has made substantial changes from last year's legislation, Dan Olympia with the Utah School Psychology Association said he still has concerns it will restrict important communication between parents and teachers.

"The bill may be addressing a problem that really isn't a problem at all," he said. "If enacted, more than being harmless it will, in fact, obstruct some important communication."

But Morley contends HB299 would encourage communication between educators and parents.

"Under this bill, there will be no question that they have the ability to communicate," he said.

Morley said Tuesday that he believes his latest version of HB299 has the support of the governor's office.

---

E-mail: awelling@desnews.com