[Congressional Record Volume 151, Number 153 (Thursday, November 17, 2005)]
[Extensions of Remarks]
[Page E2380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                THE CHILD MEDICATION SAFETY ACT OF 2005

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                               speech of

                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                       Tuesday, November 15, 2005

  Mrs. DAVIS of California. Mr. Speaker, I opposed the Child Medication 
Safety Act in the 108th Congress and I rise today to oppose it once 
again on the same grounds.
  It is a solution without a problem. The bill is based on the 
assumption that a substantial number of educators require students to 
take medication in order to attend school.
  I opposed it previously after the House Committee on Education and 
the Workforce held a hearing on the bill. At that time, not one witness 
could produce statistical evidence that this was a nationwide problem 
and that students were prevented from attending school over medication.
  I still believe passing this legislation is an irresponsible rush to 
legislative judgment without all the facts. We should not pass 
legislation over anecdotes and isolated incidents, and I have yet to 
see evidence that this legislation is necessary.
  Today, we vote on H.R. 1790 without even holding a hearing to 
determine why this bill is needed and to look at any new evidence.
  I will not argue that there may be cases when a teacher unfairly or 
unjustly asks that a student take medication for behavioral concerns.
  But H.R. 1790 assumes teachers across the nation are requiring 
students to take medication. Please, let us be clear, teachers educate. 
They do not medicate; physicians must prescribe medication.
  This legislation is based largely on false assumptions.
  Let us consider the impact of this bill in the classroom. If a child 
is having trouble seeing the blackboard, the teacher must advise the 
parent to seek professional help.
  The same is true if a child has behavioral problems or mental health 
issues. Teachers can make recommendations that may help the student 
learn.
  Again, I have yet to see statistical evidence that teachers are 
preventing students from attending school because they refusing to take 
medication.
  Mr. Speaker, until I see hard evidence that this issue is a problem 
for our students and schools, I cannot support this bill.

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