[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1790 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1790

     To protect children and their parents from being coerced into 
administering a controlled substance or a psychotropic drug in order to 
                 attend school, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2005

  Mr. Kline (for himself, Mr. Paul, Mr. Kennedy of Minnesota, Mr. Sam 
 Johnson of Texas, Mrs. Emerson, Mr. Franks of Arizona, Mr. Burton of 
  Indiana, Mr. LaTourette, Mr. Souder, Mr. Gutknecht, Mr. Barrett of 
 South Carolina, Mr. Pence, Mr. Lewis of Kentucky, Mr. Hostettler, Mr. 
 Wicker, Mr. Wilson of South Carolina, and Mr. Boehner) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
     To protect children and their parents from being coerced into 
administering a controlled substance or a psychotropic drug in order to 
                 attend school, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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 a 
controlled substance or a psychotropic drug 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)).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``child'' means any person within the age 
        limits for which the State provides free public education.
            (2) The term ``controlled substance'' means a controlled 
        substance covered by schedule I, II, III, IV, or V of section 
        202 of the Controlled Substances Act (21 U.S.C. 812).
            (3) The term ``psychotropic drug'' means a drug subject to 
        section 505 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 355) that is--
                    (A) used in the diagnosis, treatment, or prevention 
                of a disease; and
                    (B) intended to have an altering effect on 
                perception, emotion, or behavior.
            (4) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.
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