[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1266 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1266

  To amend the Controlled Substances Act to improve detection of the 
 fraudulent abuse of prescriptions to obtain controlled substances in 
              schedule II or III, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2011

  Mr. Grimm introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Controlled Substances Act to improve detection of the 
 fraudulent abuse of prescriptions to obtain controlled substances in 
              schedule II or III, 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 ``Fraudulent Prescription Prevention 
Act of 2011''.

SEC. 2. FRAUDULENT PRESCRIPTION PREVENTION.

    (a) In General.--Section 303 of the Controlled Substances Act (21 
U.S.C. 823) is amended by adding at the end the following:
    ``(i) Fraudulent Prescription Prevention.--
            ``(1) Registration requirement.--The Attorney General may 
        not register a practitioner to dispense, or conduct research 
        with, a controlled substance in schedule II or III unless the 
        practitioner agrees to comply with the requirements of this 
        subsection.
            ``(2) Reporting applicable to prescribing.--
                    ``(A) In general.--At the time of prescribing a 
                controlled substance in schedule II or III, a 
                practitioner shall, by means of the web portal under 
                paragraph (4), submit the following information to the 
                Attorney General:
                            ``(i) The name, date of birth, and address 
                        of the patient.
                            ``(ii) The date and time of the 
                        prescription.
                            ``(iii) The name and amount of the 
                        substance prescribed.
                            ``(iv) The practitioner's Drug Enforcement 
                        Administration registration number.
                            ``(v) The practitioner's contact 
                        information.
                            ``(vi) If applicable, the prescription pad 
                        number.
                    ``(B) Exceptions.--
                            ``(i) Medical emergency situation.--
                        Subparagraph (A) does not apply if the 
                        practitioner is prescribing a controlled 
                        substance in a medical emergency situation.
                            ``(ii) Inconvenience.--If a practitioner 
                        does not have access to the web portal under 
                        paragraph (4) at the time of prescribing a 
                        controlled substance, the practitioner may make 
                        the submissions required by subparagraph (A) up 
                        to 7 days after the time of such prescribing.
            ``(3) Reporting applicable to dispensing.--
                    ``(A) In general.--Before dispensing a controlled 
                substance in schedule II or III, a practitioner shall, 
                by means of the web portal under paragraph (4), submit 
                the following information to the Attorney General:
                            ``(i) Each item of information required to 
                        be reported under paragraph (2) in connection 
                        with prescribing the substance.
                            ``(ii) The name, date of birth, and address 
                        of the purchaser of the substance.
                            ``(iii) The date and time of the dispensing 
                        of the substance.
                            ``(iv) The name and amount of the substance 
                        being dispensed.
                            ``(v) Whether the dispensing constitutes a 
                        refill of a prescription.
                            ``(vi) The practitioner's Drug Enforcement 
                        Administration registration number.
                            ``(vii) The practitioner's contact 
                        information.
                    ``(B) Declining to dispense.--At the time of 
                declining to dispense a controlled substance in 
                schedule II or III, a practitioner shall, by means of 
                the web portal under paragraph (4), submit the 
                following information to the Attorney General:
                            ``(i) To the extent feasible, each item of 
                        information that would have been required to be 
                        reported under subparagraph (A) if the 
                        substance had been dispensed.
                            ``(ii) Any reason to suspect that the 
                        individual attempting to purchase the substance 
                        was acting pursuant to fraud.
            ``(4) Web portal.--The Attorney General shall establish and 
        maintain a web portal that--
                    ``(A) allows a practitioner to submit information 
                to the Attorney General in accordance with paragraph 
                (2) or (3), as applicable; and
                    ``(B) at the time of such submission, communicates 
                an alert to the practitioner if--
                            ``(i) the patient or purchaser has 
                        repeatedly refilled the same prescription or 
                        prescriptions for the same controlled 
                        substance;
                            ``(ii) the patient or purchaser has 
                        attempted to obtain or fill the same 
                        prescription or multiple prescriptions for the 
                        same controlled substance within the preceding 
                        30 days;
                            ``(iii) the patient or purchaser has a 
                        history of purchasing controlled substances in 
                        schedule II or III at multiple pharmacies;
                            ``(iv) the patient or purchaser has a 
                        history of purchasing such controlled 
                        substances in multiple States;
                            ``(v) the purchaser is attempting to 
                        purchase a controlled substance using a 
                        prescription pad number that has been reported 
                        as missing or stolen; or
                            ``(vi) any other circumstance exists that, 
                        as determined by the Attorney General, 
                        indicates an increased possibility that the 
                        patient or purchaser is attempting to 
                        unlawfully divert or misuse a controlled 
                        substance.
            ``(5) Database.--The Attorney General shall establish and 
        maintain a database containing the information reported under 
        paragraphs (2) and (3).
            ``(6) Disclosure of information.--The Attorney General may 
        disclose the information reported under paragraphs (2) and (3) 
        only as follows:
                    ``(A) The Attorney General may make such 
                disclosures as may be necessary in order to communicate 
                alerts to practitioners under paragraph (4)(B).
                    ``(B) The Attorney General may disclose information 
                reported under paragraph (2) or (3) to any local, 
                State, or Federal law enforcement, narcotics control, 
                licensure, disciplinary, or program authority who 
                certifies that the information is related to an 
                individual investigation or proceeding involving the 
                unlawful diversion or misuse of a controlled substance 
                in schedule II or III, and such information will 
                further the purpose of the investigation or assist in 
                the proceeding.
                    ``(C) The Attorney General may, on request, 
                disclose information reported under paragraph (2) or 
                (3), or any summary or analysis thereof, to any person 
                or agency if--
                            ``(i) the information, summary, or analysis 
                        is not individually identifiable; and
                            ``(ii) the person or agency requesting the 
                        information, summary, or analysis provides 
                        satisfactory assurances that it will be used 
                        for research.
            ``(7) Funding.--The only amounts authorized to be 
        appropriated to carry out this subsection are amounts in the 
        Diversion Control Fee Account established by section 111(b) of 
        the Departments of Commerce, Justice, and State, the Judiciary, 
        and Related Agencies Appropriations Act, 1993 (Public Law 102-
        395).''.
    (b) Applicability Date.--Paragraphs (1), (2), and (3) of section 
303(i) of the Controlled Substances Act, as added by subsection (a), 
apply beginning on the date on which the Attorney General publishes in 
the Federal Register a determination that the web portal and database 
required by paragraphs (4) and (5) of such section are fully 
operational.
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