117 HR 2355 RH: Opioid Prescription Verification Act of 2021
U.S. House of Representatives
2021-11-30
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Union Calendar No. 130
117th CONGRESS
1st Session
H. R. 2355
[Report No. 117–180]
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
November 30, 2021
Additional sponsors: Mr. Turner, Mr. Kinzinger, Mr. Mooney, Mr. C. Scott Franklin of Florida, Mr. LaMalfa, and Mr. Budd
November 30, 2021
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on April 5, 2021
A BILL
To facilitate responsible, informed dispensing of controlled substances and other prescribed medications, and for other purposes.
1.

Short title
This Act may be cited as the “Opioid Prescription Verification Act of 2021”.
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.”.
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.”.
November 30, 2021
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed