109 HR 1790 EH: Child Medication Safety Act of 2005 U.S. House of Representatives 0 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 1790 IN THE HOUSE OF REPRESENTATIVES AN ACT To protect children and their parents from being coerced into administering a controlled substance in order to attend school, and for other purposes.

1.

Short title

This Act may be cited as the Child Medication Safety Act of 2005.

2.

Required policies and procedures

(a)

In general

As a condition of receiving funds under any program or activity administered by the Secretary of Education, not later than 1 year after the date of the enactment of this Act, each State shall develop and implement policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for substances covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school or receiving services. (b)

Rule of construction

Nothing in subsection (a) shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student’s academic performance or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under section 612(a)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(3)).

3.

Definitions

In this Act: (1)

Child

The term child means any person within the age limits for which the State provides free public education. (2)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

4.

GAO study and review

(a)

Review

The Comptroller General of the United States shall conduct a review of— (1)the variation among States in definitions of psychotropic medication as used in regard to State jurisdiction over public education; (2)the prescription rates of medications used in public schools to treat children diagnosed with attention deficit disorder, attention deficit hyperactivity disorder, and other disorders or illnesses; (3)which medications used to treat such children in public schools are listed under the Controlled Substances Act; and (4)which medications used to treat such children in public schools are not listed under the Controlled Substances Act, including the properties and effects of any such medications and whether such medications have been considered for listing under the Controlled Substances Act. (b)

Report

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report that contains the results of the review under subsection (a).

Passed the House of Representatives November 16, 2005.Jeff TrandahlClerk.