[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4709 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4709
To improve enforcement efforts related to prescription drug diversion
and abuse, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2014
Mr. Marino (for himself, Mrs. Blackburn, Mr. Welch, and Ms. Chu)
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 improve enforcement efforts related to prescription drug diversion
and abuse, 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 ``Ensuring Patient Access and
Effective Drug Enforcement Act of 2014''.
SEC. 2. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT.
(a) Definitions.--
(1) Consistent with the public health and safety.--Section
303 of the Controlled Substances Act (21 U.S.C. 823) is amended
by adding at the end the following:
``(j) In this section, the phrase `consistent with the public
health and safety' means having a substantial relationship to this
Act's purpose of preventing diversion and abuse of controlled
substances.''.
(2) Imminent danger.--Section 304(d) of the Controlled
Substances Act (21 U.S.C. 824(d)) is amended--
(A) by striking ``(d) The Attorney General'' and
inserting ``(d)(1) The Attorney General''; and
(B) by adding at the end the following:
``(2) In this subsection, the term `imminent danger' means a
significant and present risk of death or serious bodily harm that is
more likely than not to occur in the absence of an immediate suspension
order.''.
(b) Opportunity To Submit Corrective Action Plan Prior to
Revocation or Suspension.--Section 304(c) of the Controlled Substances
Act (21 U.S.C. 824(c)) is amended--
(1) by striking ``(c) Before'' and inserting ``(c)(1)
Before''; and
(2) by adding at the end the following:
``(2) Before revoking or suspending a registration pursuant to
section 303, the Attorney General shall--
``(A) provide--
``(i) notice to the registrant of the grounds for
revocation or suspension; and
``(ii) in the case of any such grounds consisting
of a violation of law, a specific citation to such law;
``(B) give the registrant an opportunity to submit a
corrective action plan within a reasonable period of time to
demonstrate how the registrant plans to correct the grounds for
revocation or suspension; and
``(C) determine whether--
``(i) in light of the plan, revocation or
suspension proceedings should be discontinued or
deferred; or
``(ii) additional changes need to be made in the
corrective action plan.''.
SEC. 3. REPORT TO CONGRESS ON EFFECTS OF LAW ENFORCEMENT ACTIVITIES ON
PATIENT ACCESS TO MEDICATIONS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs and the Director of
the Centers for Disease Control and Prevention, and in consultation
with the Administrator of the Drug Enforcement Administration and the
Director of National Drug Control Policy, shall submit a report to the
Congress--
(1) assessing how patient access to medications could be
adversely impacted by Federal and State law enforcement
activities; and
(2) identifying how collaboration between agencies and
stakeholders can benefit patients and prevent diversion and
abuse of controlled substances.
(b) Consultation.--The report under subsection (a) shall
incorporate feedback and recommendations from the following:
(1) Patient groups.
(2) Pharmacies.
(3) Manufacturers of drugs.
(4) Common or contract carriers and warehousemen.
(5) Hospitals, physicians, and other health care providers.
(6) State attorneys general.
(7) Law enforcement officials, including local law
enforcement officials.
(8) Health benefit plans and entities that provide pharmacy
benefit management services on behalf of a health benefit plan.
(9) Wholesale drug distributors.
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