[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 891 Introduced in Senate (IS)]

  1st Session
                                 S. 891

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2007

Mr. Inhofe (for himself and Mr. Coburn) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     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 
2007''.

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 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)) 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)).
    (c) Prohibition of Payment of Funds.--No Federal education funds 
may be paid to any local educational agency or other instrument of 
government that uses the refusal of a parent or legal guardian to 
provide a substance covered by section 202(c) of the Controlled 
Substances Act (21 U.S.C. 812(c)) or a psychotropic drug for such 
individual's child as the basis of a charge of child abuse, child 
neglect, education neglect, or medical neglect until the agency or 
instrument demonstrates that it is no longer using such refusal as a 
basis of a child abuse, child neglect, education neglect, or medical 
neglect charge.

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) Psychotropic drug.--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 not a substance 
        covered by section 202(c) of the Controlled Substances Act (21 
        U.S.C. 812(c)) but 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.
            (3) 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 medications 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, 
        including the incidence of hallucinations, psychosis, violence, 
        suicide, heart problems, significant weight gain, or diabetes 
        that students may experience while on these medications.
    (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).
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