II 109th CONGRESS 2d Session S. 3788 IN THE SENATE OF THE UNITED STATES August 3, 2006 Mr. Brownback introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To clarify Federal law to prohibit the dispensing, distribution, or administration of a controlled substance for the purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual.

1.

Short title

This Act may be cited as the Assisted Suicide Prevention Act of 2006.

2.

Findings; purposes

Congress finds that— (1)the use of certain narcotics and other drugs or substances with a potential for abuse is strictly regulated under the Controlled Substances Act; (2)the dispensing, distribution, or administration of certain controlled substances only by properly registered practitioners and only for legitimate medical purposes are permitted under the Controlled Substances Act; (3)the dispensing, distribution, or administration of controlled substances to assist suicide or euthanasia are not legitimate medical purposes and are not permissible under the Controlled Substances Act; (4)the dispensing, distribution, or administration of controlled substances for the purpose of relieving pain and discomfort are legitimate medical purposes and are permissible under the Controlled Substances Act; (5)inadequate treatment of pain, especially for chronic diseases, irreversible diseases such as cancer, and end-of-life care, is a serious public health problem affecting hundreds of thousands of patients every year and physicians should not hesitate to dispense, distribute, or administer controlled substances when medically indicated for those conditions; and (6)for the reasons set forth in section 101 of the Controlled Substances Act (21 U.S.C. 801), the dispensing, distribution, or administration of controlled substances for any purpose, including that of assisting suicide or euthanasia, affects interstate commerce.

3.

Use of controlled substances to assist suicide

Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end with the following: (i)(1)It shall be unlawful for any practitioner to intentionally dispense, distribute, or administer a controlled substance for the purpose of assisting suicide or causing the death of a person. (2)Alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if the use of such substance may increase the risk of death. (3)Any practitioner who violates paragraph (1), upon a finding that a controlled substance was dispensed, distributed, or administered for the stated or undisputed purpose of assisting suicide or causing the death of a person— (A)shall have any registration under this Act revoked; and (B)shall not be registered under this Act. (4)In any proceeding under this subsection, the Attorney General shall have the burden of proving, by clear and convincing evidence, that the intent of the practitioner was to dispense, distribute, or administer a controlled substance for the purpose of assisting suicide or causing the death of a person. In meeting such burden, it shall not be sufficient to prove that the practitioner knew that the use of controlled substance may increase the risk of death. (5)This subsection does not apply to dispensing or administering a controlled substance for the purpose of carrying out a criminal sentence of death that is authorized under Federal or State law. (6)(A)Except as provided in subparagraph (B), nothing in this subsection may be construed to— (i)alter the roles of the Federal Government or State governments in regulating the practice of medicine, including that, regardless of whether the Attorney General determines under this subsection that a practitioner has violated paragraph (1), it remains solely within the discretion of State authorities to determine whether action should be taken with respect to the State professional license of the practitioner or State prescribing privileges; (ii)modify the Federal requirements that a controlled substance be dispensed only for a legitimate medical purpose; or (iii)provide the Attorney General with the authority to issue national standards for pain management and palliative care clinical practice, research, or quality. (B)The Attorney General may take such actions as may be necessary to enforce this subsection. .