Child Medication Safety Act of 2003 (Reported in House)
HR 1170 RH
Union Calendar No. 62
108th CONGRESS
1st Session
H. R. 1170
[Report No. 108-121]
To protect children and their parents from being coerced into administering
psychotropic medication in order to attend school , and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 11, 2003
Mr. BURNS (for himself, Mr. HASTERT, Mr. BOEHNER, Mr. CASTLE, Mr. BALLENGER,
Mr. SAM JOHNSON of Texas, Mr. ISAKSON, Mr. TIBERI, Mr. WILSON of South Carolina,
Mr. COLE, Mr. KLINE, Mrs. MUSGRAVE, Ms. WATSON, Mr. BURTON of Indiana, and
Mr. TANCREDO) introduced the following bill; which was referred to the Committee
on Education and the Workforce
May 21, 2003
Additional sponsors: Ms. LORETTA SANCHEZ of California, Mr. RAMSTAD, Mr.
NORWOOD, Mr. FRANKS of Arizona, Mr. LEWIS of Kentucky, Mr. KENNEDY of Minnesota,
Mr. BARTON of Texas, Mr. PAUL, Mrs. EMERSON, Mr. ROGERS of Michigan, Mr. LATOURETTE,
Mr. CASE, Ms. MILLENDER-MCDONALD, Mr. GOODLATTE, and Mr. MURPHY
May 21, 2003
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
A BILL
To protect children and their parents from being coerced into administering
psychotropic medication 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 2003'.
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).
Union Calendar No. 62
108th CONGRESS
1st Session
H. R. 1170
[Report No. 108-121]
A BILL
To protect children and their parents from being coerced into administering
psychotropic medication in order to attend school , and for other purposes.
