(1) Reviewing the process by which a child who violates the zero tolerance policy for drugs and alcohol in public schools is referred for assessment and treatment of substance abuse and excluded from school; and

(2) Reporting its findings and recommendations, including any proposed legislation, to the legislature prior to the convening of the regular session of 2006.

(1) Implementing amendments to the zero tolerance policy for drugs and alcohol in public schools suggested by the student substance abuse assessment and treatment advisory task force; and

(2) Allowing certified substance abuse counselors to conduct assessments to qualify individuals for substance abuse-related insurance benefits.

(1) Detoxification services as a covered benefit under this chapter shall be provided either in a hospital or in a nonhospital facility which has a written affiliation agreement with a hospital for emergency, medical, and mental health support services. The following services shall be covered under detoxification services:

Detoxification services shall be included as part of the covered in-hospital services, but shall not be included in the treatment episode limitation, as specified in subsection (a);

(2) Alcohol or drug dependence treatment through in-hospital, nonhospital residential, or day treatment substance abuse services as a covered benefit under this chapter shall be provided in a hospital or nonhospital facility. Before a person qualifies to receive benefits under this subsection, a qualified physician, psychologist, licensed clinical social worker, certified substance abuse counselor, or advanced practice registered nurse shall determine that the person suffers from alcohol or drug dependence, or both[.]; provided that if the person applying for benefits under this subsection faces disciplinary action under section 302A-1134.6(b) or (c), the determination shall be made within ten days of the person's request for a determination; provided further that the insurance or health care plan carrier may contract with the department of health in completing determinations for persons facing disciplinary action under section 302A-1134.6(b) or (c). The substance abuse services covered under this paragraph shall include those services which are required for licensure and accreditation, and shall be included as part of the covered in-hospital services as specified in subsection (a). Excluded from alcohol or drug dependence treatment under this subsection are detoxification services and educational programs to which drinking or drugged drivers are referred by the judicial system, and services performed by mutual self-help groups; and

(3) Alcohol or drug dependence outpatient services as a covered benefit under this chapter shall be provided under an individualized treatment plan approved by a qualified physician, psychologist, licensed clinical social worker, or advanced practice registered nurse and [must] shall be services reasonably expected to produce remission of the patient's condition. An individualized treatment plan approved by a licensed clinical social worker or an advanced practice registered nurse for a patient already under the care or treatment of a physician or psychologist shall be done in consultation with the physician or psychologist. Services covered under this paragraph shall be included as part of the covered outpatient services as specified in subsection (a)."

(1) The school shall administer a screening tool to determine whether there is a need for the child to be referred for a substance abuse assessment;

[(1)] (2) The child shall be allowed to return to school earlier than the department's original disciplinary determination; provided that the child gives the school evidence of the following:

[(2)] (3) If the substance abuse assessment finds that the child does not need substance abuse treatment or substance abuse counseling, the school may allow the child to return to school earlier than originally indicated; provided that:

In determining whether to allow the child to return to school early, the school[, at a minimum,] administrator shall [take into consideration] review and determine the nature and severity of the offense, the impact of the offense on others, and the age of the offender as well as whether the offender is a repeat offender; and

[(3)] (4) For the child's first violation of subsection (b) or (c), if the child provides evidence of clinical discharge from the substance abuse treatment program or substance abuse counseling, all records of disciplinary action relating to the original offense shall be expunged. For purposes of this paragraph, "expunge" means a process defined by rules adopted by the board in which records are segregated and kept confidential, not destroyed.""

2. By amending section 5 to read: