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REFERENCE TITLE: schools; mental health screenings; consent |
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State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
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SB 1414 |
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Introduced by Senators Johnson, Bee; Representatives Anderson, Chase, Gorman, Groe, Landrum Taylor, Mason, Nelson, Pierce, Sinema, Weiers J: Senators Allen, Bennett, Blendu, Burns, Flake, Gould, Gray, Hale, Harper, Hellon, Huppenthal, Jarrett, Martin, Tibshraeny, Verschoor; Representatives Allen J, Alvarez, Biggs, Boone, Burns J, Farnsworth, Lujan, Quelland, Stump
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AN ACT
Amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-104; relating to school districts and charter schools.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-104, to read:
15-104. Mental health screening; consent; form
Before it conducts a mental health screening on any pupil, a school district or charter school must have obtained the written consent of the pupil's parent or legal guardian. The written consent must satisfy all of the following requirements:
1. Contain language that clearly explains the nature of the screening program and when and where the screening will take place.
2. Be signed by the pupil's parent or legal guardian.
3. Be in substantially the following form:
To: (parent or legal guardian) ______________________________
From: (school) ______________________________________________
(Specific information regarding the name and nature of the screening program, including where and when it will take place.)
FULL INFORMED CONSENT FOR MENTAL HEALTH SCREENING
Mental health screening methods for children and adolescents vary from state to state, but it usually involves a self-administered computer interview or survey to determine how they feel emotionally (anxious or worried, sad or depressed) or their behavior at the present time or in the past. These questions can cover thoughts or feelings your child has had or you have had about them over the last year.
Based on an evaluation of your child's answers regarding their feelings or behavior, your child could be given a diagnosis of a mental disorder. Another option is that you could be asked to bring your child in for a follow-up interview or evaluation to determine if your child has a mental disorder or syndrome. These diagnoses have to be made by a psychologist, psychiatrist or medical doctor, but there is a growing controversy over the validity of psychiatric diagnoses.
There are currently 374 diagnoses of mental disorders in the American psychiatric association's diagnostic manual. Psychologists, psychiatrists and medical doctors depend on these diagnoses in order to bill private insurance companies or government insurance such as medicaid.
The attitudes, beliefs, actions, inactions or behaviors of a child or adolescent and whether or not these constitute a mental disorder are solely based on the opinion of the person making the diagnosis. Unlike methods to determine real diseases like cancer, diabetes or tuberculosis, a diagnosis of mental disorder or syndrome is not based on any physical medical test, such as a brain scan, a chemical imbalance test, x-ray or blood test. In fact, the former United States surgeon general, in his 1999 report on mental health, stated, "the diagnosis of mental disorders is often believed to be more difficult than diagnosis of medical disorders since there is no definitive lesion, laboratory test or abnormality in brain tissue that can identify the illness". (Emphasis added.)
A common misconception is that mental health screening will prevent suicides. However, the United States preventive services task force (USPSTF) studied this and recommended against screening for suicide in 2004, saying, "USPSTF found no evidence that screening for suicide risk reduces suicide attempts or mortality".
Commonly prescribed drugs to treat mental disorders can have very serious effects on some children and adults. The united states food and drug administration (FDA) has required that manufacturers of antidepressants place a "black box" warning, their most severe warning to the general public, on their antidepressants because of suicide risks for all antidepressants prescribed to children under eighteen years of age. Additionally, in 2005 the European committee for medicinal products for human use (CHMP), which includes members from twenty-five EU member states, after reviewing the data from clinical trials of the newer antidepressants, determined that they should not be prescribed to children under eighteen years of age because they can produce suicidal behavior, including suicide attempts and thinking about suicide and/or related behavior like self-harm, hostility or mood changes.
Informed Consent for Mental Health Screening
I acknowledge that I have read and understood the above information to the best of my ability, and based on my understanding, I am choosing one of the following:
a) I give my consent for my child to undergo an evaluation for emotional, behavior, mental, specific learning disabilities or other health impairments (mental health screening).
_______________________________________ ____________________
(Signature of Parent or Legal Guardian) Date
b) I do not give my consent for my child to undergo an evaluation for emotional, behavior, mental, specific learning disabilities or other health impairments (mental health screening).
_______________________________________ ____________________
(Signature of Parent or Legal Guardian) Date
Please ensure this form is returned before the screening date.