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.