II 112th CONGRESS 1st Session S. 1760 IN THE SENATE OF THE UNITED STATES October 20, 2011 Mr. Manchin (for himself and Mr. Kirk) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to provide for increased penalties for operators of pill mills, and for other purposes.

1.

Short title

This Act may be cited as the Pill Mill Crackdown Act of 2011.

2.

Definitions

Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following: (57)The term pill mill includes a doctor's office, clinic, or health care facility that— (A)routinely prescribes or dispenses controlled substances outside the scope of the prevailing standards of medical practice in the community in relation to the prescribing or dispensing of controlled prescription drugs; or (B)routinely violates this Act in relation to the prescribing or dispensing of controlled prescription drugs. (58)The term operator of a pill mill includes— (A)any practicing physician affiliated with a pill mill; or (B)any owner, director, officer, or partner of a pill mill. .

3.

Penalties for operation of a pill mill

Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at the end the following: (8)In the case of a violation of subsection (a) involving distribution of a controlled substance in schedule II or schedule III by the operator of a pill mill, such operator shall be imprisoned as provided in this subsection (except that the term of such imprisonment shall be double the term otherwise applicable), fined as provided in this subsection (except that such fine shall be in an amount triple the amount otherwise applicable), or both. .

4.

Distribution to persons under age twenty-one

Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended by adding at the end the following: (c)

Pill mill operators

In the case of a person who commits an offense punishable under section 401(b)(8), this section shall be applied by substituting thrice for twice in each of subsections (a) and (b). .

5.

Alternative fine not applicable to pill mill operators

Section 415 of the Controlled Substances Act (21 U.S.C. 855) is amended by striking In lieu of and inserting the following: Except in the case of an offense punishable under section 401(b)(8) or 418(c), in lieu of.

6.

Sense of Congress regarding criminal forfeiture of the property of pill mill operators

It is the sense of Congress that an offense punishable under section 401(a)(8) of the Controlled Substances Act (21 U.S.C. 841(a)(8)) is a violation for which certain property is subject to forfeiture to the United States under section 413 of such Act (21 U.S.C. 853).

7.

Use of certain forfeited property for the operations of the Office of National Drug Control Policy

Section 413(h) of the Controlled Substances Act (21 U.S.C. 853(h)) is amended by adding at the end the following: In the case of property ordered forfeited under this section by reason of a conviction for an offense punishable under section 401(b)(8) or 418(c), the proceeds from any disposition under this subsection of such property shall be used, in addition to amounts previously made available in appropriations Acts, for the programs under section 399O, 1911, and 1921 of the Public Health Service Act..

8.

Transfer between schedules of certain substances

(a)Schedule II in section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by adding at the following: (d)Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: (1)Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (2)Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. . (b)Schedule III in section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by striking the following: (3)Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (4)Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. .