II 110th CONGRESS 1st Session S. 891 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.

1.

Short title

This Act may be cited as the Child Medication Safety Act of 2007.

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.

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.

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).