[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2355 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2355

To facilitate responsible, informed dispensing of controlled substances 
       and other prescribed medications, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2021

  Mr. Rodney Davis of Illinois (for himself, Mr. Bilirakis, and Mrs. 
   Wagner) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To facilitate responsible, informed dispensing of controlled substances 
       and other prescribed medications, 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 ``Opioid Prescription Verification Act 
of 2021''.

SEC. 2. MATERIALS FOR TRAINING PHARMACISTS ON CERTAIN CIRCUMSTANCES 
              UNDER WHICH A PHARMACIST MAY DECLINE TO FILL A 
              PRESCRIPTION.

    (a) Updates to Materials.--Section 3212(a) of the SUPPORT for 
Patients and Communities Act (Public Law 115-271) is amended by 
striking ``Not later than 1 year after the date of enactment of this 
Act, the Secretary of Health and Human Services, in consultation with 
the Administrator of the Drug Enforcement Administration, Commissioner 
of Food and Drugs, Director of the Centers for Disease Control and 
Prevention, and Assistant Secretary for Mental Health and Substance 
Use, shall develop and disseminate'' and inserting ``The Secretary of 
Health and Human Services, in consultation with the Administrator of 
the Drug Enforcement Administration, Commissioner of Food and Drugs, 
Director of the Centers for Disease Control and Prevention, and 
Assistant Secretary for Mental Health and Substance Use, shall develop 
and disseminate not later than 1 year after the date of enactment of 
this Act, and update periodically thereafter''.
    (b) Materials Included.--Section 3212(b) of the SUPPORT for 
Patients and Communities Act (Public Law 115-271) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and
            (2) by inserting before paragraph (2), as so redesignated, 
        the following new paragraph:
            ``(1) pharmacists on how to verify the identity of 
        individuals picking up prescriptions;''.
    (c) Materials for Training on Verification of Identity.--Section 
3212 of the SUPPORT for Patients and Communities Act (Public Law 115-
271) is amended by adding at the end the following new subsection:
    ``(d) Materials for Training on Verification of Identity of 
Individuals Picking up Prescribed Medications.--Not later than 6 months 
after the date of enactment of this subsection, the Secretary of Health 
and Human Services, after seeking stakeholder input in accordance with 
subsection (c), shall--
            ``(1) update the materials developed under subsection (a) 
        to include information for pharmacists on how to verify the 
        identity of individuals picking up prescribed medications; and
            ``(2) disseminate, as appropriate, the updated 
        materials.''.

SEC. 3. INCENTIVIZING STATES TO FACILITATE RESPONSIBLE, INFORMED 
              DISPENSING OF CONTROLLED SUBSTANCES.

    (a) In General.--Section 392A of the Public Health Service Act (42 
U.S.C. 280b-1) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Preference.--In determining the amounts of grants awarded to 
States under subsections (a) and (b), the Director of the Centers for 
Disease Control and Prevention may give preference to States in 
accordance with such criteria as the Director may specify and may 
choose to give preference to States that--
            ``(1) maintain a prescription drug monitoring program;
            ``(2) require dispensers of controlled substances in 
        schedule II, III, or IV to verify the identity of the person 
        who picks up a prescribed medication by requiring such person 
        to present a photo identification card that is valid as 
        determined by the respective State; and
            ``(3) require dispensers of such controlled substances to 
        enter certain information about the purchase of such controlled 
        substances into the respective State's prescription drug 
        monitoring program, including--
                    ``(A) the National Drug Code or, in the case of 
                compounded medications, compound identifier;
                    ``(B) the quantity dispensed;
                    ``(C) the name of the patient;
                    ``(D) the name of the ultimate user;
                    ``(E) the name of the person who picks up the 
                controlled substance, if different from the patient and 
                ultimate user; and
                    ``(F) the date filled.''.
    (b) Definitions.--Subsection (d) of section 392A of the Public 
Health Service Act (42 U.S.C. 280b-1), as redesignated by subsection 
(a)(1), is amended to read as follows:
    ``(d) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the meaning given that term in section 102 of 
        the Controlled Substances.
            ``(2) Dispenser.--The term `dispenser' means a physician, 
        pharmacist, or other person that dispenses a controlled 
        substance to an ultimate user.
            ``(3) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act.
            ``(4) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and any commonwealth or territory of 
        the United States.
            ``(5) Ultimate user.--The term `ultimate user' means a 
        person who has obtained from a dispenser, and who possesses, a 
        controlled substance for the person's own use, for the use of a 
        member of the person's household, or for the use of an 
        animal.''.
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