[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1790 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 1790


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2005

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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.

    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 
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)).

SEC. 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.

SEC. 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.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.