[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2074 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2074
To amend section 303(g) of the Controlled Substances Act (21 U.S.C.
823(g)) to eliminate the separate registration requirement for
dispensing narcotic drugs in schedule III, IV, or V, such as
buprenorphine, for maintenance or detoxification treatment, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2019
Ms. Hassan (for herself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend section 303(g) of the Controlled Substances Act (21 U.S.C.
823(g)) to eliminate the separate registration requirement for
dispensing narcotic drugs in schedule III, IV, or V, such as
buprenorphine, for maintenance or detoxification treatment, 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 ``Mainstreaming Addiction Treatment
Act of 2019''.
SEC. 2. ELIMINATING SEPARATE REGISTRATION REQUIREMENT FOR DISPENSING
NARCOTIC DRUGS IN SCHEDULES III, IV, AND V FOR
MAINTENANCE OR DETOXIFICATION TREATMENT.
(a) In General.--Section 303(g) of the Controlled Substances Act
(21 U.S.C. 823(g)) is amended--
(1) by striking paragraph (2);
(2) by striking ``(g)(1) Except as provided in paragraph
(2), practitioners who dispense narcotic drugs to individuals
for maintenance treatment or detoxification treatment'' and
inserting ``(g) Practitioners who dispense narcotic drugs
(other than narcotic drugs in schedule III, IV, or V) to
individuals for maintenance treatment or detoxification
treatment'';
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(4) in paragraph (2), as redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(b) Technical and Conforming Edits.--
(1) Section 304 of the Controlled Substances Act (21 U.S.C.
824) is amended--
(A) in subsection (a), by striking ``303(g)(1)''
each place it appears and inserting ``303(g)''; and
(B) in subsection (d)(1), by striking ``303(g)(1)''
and inserting ``303(g)''.
(2) Section 309A(a) of the Controlled Substances Act (21
U.S.C. 829a(a)) is amended by striking paragraph (2) and
inserting the following:
``(2) the controlled substance--
``(A) is a narcotic drug in schedule III, IV, or V
to be administered for the purpose of maintenance or
detoxification treatment; and
``(B) is to be administered by injection or
implantation;''.
(3) Section 520E-4(c) of the Public Health Service Act (42
U.S.C. 290bb-36d(c)) is amended, in the matter preceding
paragraph (1), by striking ``information on any qualified
practitioner that is certified to prescribe medication for
opioid dependency under section 303(g)(2)(B) of the Controlled
Substances Act'' and inserting ``information on any
practitioner who prescribes narcotic drugs in schedule III, IV,
or V of section 202 of the Controlled Substances Act for the
purpose of maintenance or detoxification treatment''.
(4) Section 544(a)(3) of the Public Health Service Act (42
U.S.C. 290dd-3) is amended by striking ``any practitioner
dispensing narcotic drugs pursuant to section 303(g) of the
Controlled Substances Act'' and inserting ``any practitioner
dispensing narcotic drugs for the purpose of maintenance or
detoxification treatment''.
(5) Section 1833(bb)(3)(B) of the Social Security Act (42
U.S.C. 1395l(bb)(3)(B)) is amended by striking ``first receives
a waiver under section 303(g) of the Controlled Substances Act
on or after January 1, 2019'' and inserting ``first begins
prescribing narcotic drugs in schedule III, IV, or V of section
202 of the Controlled Substances Act for the purpose of
maintenance or detoxification treatment on or after January 1,
2019''.
(6) Section 1834(o)(3)(C)(ii) of the Social Security Act
(42 U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking ``first
receives a waiver under section 303(g) of the Controlled
Substances Act on or after January 1, 2019'' and inserting
``first begins prescribing narcotic drugs in schedule III, IV,
or V of section 202 of the Controlled Substances Act for the
purpose of maintenance or detoxification treatment on or after
January 1, 2019''.
(7) Section 1866F(c)(3) of the Social Security Act (42
U.S.C. 1395cc-6(c)(3)) is amended--
(A) in subparagraph (A), by inserting ``and'' at
the end;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(8) Section 1903(aa)(2)(C) of the Social Security Act (42
U.S.C. 1396b(aa)(2)(C)) is amended--
(A) in clause (i), by inserting ``and'' at the end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
SEC. 3. NATIONAL EDUCATION CAMPAIGN.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Mental Health and Substance Use,
shall conduct a national campaign to educate practitioners with respect
to the elimination of the separate registration requirement under
section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)), as
in effect on the day before the date of enactment of this Act, for
dispensing narcotic drugs in schedule III, IV, and V for maintenance or
detoxification treatment.
(b) Required Components.--The national education campaign under
subsection (a) shall--
(1) encourage practitioners to integrate substance use
treatment into their practices; and
(2) include education on publicly available educational
resources and training modules that can assist practitioners in
treating patients with a substance use disorder.
SEC. 4. COMMUNITY HEALTH AIDES AND COMMUNITY HEALTH PRACTITIONERS.
(a) Practice of Telemedicine.--Section 102 of the Controlled
Substances Act (21 U.S.C. 802) is amended--
(1) in paragraph (54)(A), by striking clause (i) and
inserting the following:
``(i) while the patient is--
``(I) being treated by, and physically
located in, a hospital or clinic registered
under section 303(f); or
``(II) for purposes of section 302(h),
being treated by a community health aide or
community health practitioner; and'';
(2) by redesignating paragraph (58) as paragraph (59);
(3) by redesignating the second paragraph designated as
paragraph (57) as paragraph (58);
(4) by moving paragraphs (57), (58) (as so redesignated),
and (59) (as so redesignated) 2 ems to the left; and
(5) by adding at the end the following:
``(60) The terms `community health aide' and `community health
practitioner' have the meanings within the meaning of section 119 of
the Indian Health Care Improvement Act (25 U.S.C. 1616l).''.
(b) Dispensation of Narcotic Drugs in Schedule III, IV, or V.--
Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended
by adding at the end the following:
``(h) Dispensation of Narcotic Drugs in Schedule III, IV, or V by
Certain Practitioners.--
``(1) In general.--Notwithstanding subsection (a)(2), a
community health aide or community health practitioner may
dispense a narcotic drug in schedule III, IV, or V, such as
buprenorphine, or a combination of such drugs, to an individual
for maintenance treatment or detoxification treatment (or both)
without being registered under this title if the drug is
prescribed by a practitioner through the practice of
telemedicine.
``(2) Preemption.--Notwithstanding section 708, a State may
not require a community health aide or community health
practitioner to be licensed by the State in order to dispense
narcotic drugs in accordance with paragraph (1) of this
subsection.''.
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