Senate approves first substitute of HB 42 limiting school personnel from making medical recommendations after intense debate

The Senate on Feb. 28 debated first substitute House Bill 42, a measure sponsored on the floor by Senator Butters intended to restrict school personnel from recommending psychotropic medications or prescribing medical interventions for students.

Sponsor's case: Senator Butters said the bill simply expects teachers to teach and not make medical decisions, limiting school personnel from recommending specific medications or naming a single health-care professional as the required referral. He told senators the bill ‘‘prevents the school teacher from being [a] plain doctor.’’

Concerns and amendments: Opponents warned the bill could chill communication between teachers and parents and limit early identification of conditions such as ADHD. Senator Hill and medical groups warned that teachers and parents often rely on teacher observations to seek evaluation and treatment; Senator Aaron cited a letter from the Intermountain Pediatric Society calling the draft potentially harmful because it might prohibit teachers from helping parents seek evaluation and care.

Compromise language: The Senate considered a third substitute and adopted several amendments intended to clarify intent and create narrow exceptions. Those amendments: (1) preserved an exception allowing licensed mental‑health professionals working in schools to act within their scope (with discussion about whether language should be limited to compliance with federal education law or broader clinical practice); (2) adjusted wording so school personnel may provide information but not require a parent or guardian to obtain or have a child take psychotropic drugs as a condition of school attendance; and (3) clarified that courts and the Division of Child and Family Services retain authority when a child faces an imminent risk to safety.

Final action: After extensive debate and multiple roll calls on amendments, the Senate ordered first substitute HB 42 read for the third time after a roll call vote (20 yes, 9 no). Senators flagged concerns about process — several said the bill had not received consistent committee hearings — and some urged caution about unintended limits on teacher‑parent communication. Proponents argued the bill restores parental authority over medical decisions for children and protects teachers from practicing medicine.

What happens next: The bill was ordered to third reading, where sponsors said more fine‑tuning would be possible. The transcript shows multiple line edits and technical deletions adopted on the floor.