[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2355 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 2355


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2021

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT


 
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 (21 U.S.C. 829 note) 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 (21 U.S.C. 829 note) 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 the 
        patient;''.
    (c) Materials for Training on Patient Verification .--Section 3212 
of the SUPPORT for Patients and Communities Act (21 U.S.C. 829 note) is 
amended by adding at the end the following new subsection:
    ``(d) Materials for Training on Verification of Identity.--Not 
later than 1 year 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 the patient; 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 prescribers of controlled substances in 
        schedule II, III, or IV to issue such prescriptions 
        electronically, and make such requirement subject to exceptions 
        in the cases listed in section 1860D-4(e)(7)(B) of the Social 
        Security Act; 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 patient identifier; and
                    ``(D) 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 Act.
            ``(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.''.

            Passed the House of Representatives December 8, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.