[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2354 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2354

  To require certain practitioners authorized to prescribe controlled 
              substances to complete continuing education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2021

  Mr. Markey (for himself, Mr. Braun, and Mr. Manchin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To require certain practitioners authorized to prescribe controlled 
              substances to complete continuing education.

    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 ``Safer Prescribing of Controlled 
Substances Act''.

SEC. 2. CONTINUING EDUCATION REQUIREMENTS FOR CERTAIN PRACTITIONERS 
              PRESCRIBING CONTROLLED SUBSTANCES.

    Section 303 of the Controlled Substances Act (21 U.S.C. 823) is 
amended--
            (1) in subsection (f), in the matter preceding paragraph 
        (1), by striking ``The Attorney General shall register'' and 
        inserting ``Subject to subsection (k), the Attorney General 
        shall register'';
            (2) by redesignating subsection (k) as subsection (l);
            (3) by inserting after subsection (j) the following:
    ``(k) Continuing Education Requirements for Practitioners.--
            ``(1) Definition of covered practitioner.--In this 
        subsection, the term `covered practitioner' means a 
        practitioner that is not a hospital, pharmacy, or veterinarian.
            ``(2) Requirement.--As a condition of granting or renewing 
        the registration of a covered practitioner under this part to 
        dispense, or conduct research with, controlled substances in 
        schedule II, III, IV, or V, the Attorney General shall require 
        the covered practitioner to complete training through 
        accredited continuing prescriber education that the Secretary 
        determines meets the requirements under paragraph (3), unless 
        the covered practitioner meets the conditions described in 
        paragraph (6).
            ``(3) Contents of training.--The training provided for 
        purposes of paragraph (2) shall, at a minimum, expose a covered 
        practitioner to--
                    ``(A) best practices for pain management, 
                including--
                            ``(i) responsible prescribing of pain 
                        medications;
                            ``(ii) alternatives to prescribing 
                        controlled substances; and
                            ``(iii) other alternative therapies to 
                        decrease the use of opioids;
                    ``(B) tools to manage adherence and diversion of 
                controlled substances, including--
                            ``(i) prescription drug monitoring 
                        programs;
                            ``(ii) drug screening;
                            ``(iii) informed consent;
                            ``(iv) overdose education; and
                            ``(v) the use of opioid overdose 
                        antagonists; and
                    ``(C) best practices for substance use disorder 
                treatment, including methods for diagnosing, treating, 
                and managing a substance use disorder, including--
                            ``(i) the use of medications approved by 
                        the Food and Drug Administration;
                            ``(ii) the use of evidence-based 
                        nonpharmacological therapies; and
                            ``(iii) linking patients to evidence-based 
                        treatment for substance use disorders.
            ``(4) Establishment of training module.--The Assistant 
        Secretary of Health and Human Services for Mental Health and 
        Substance Use shall establish or support the establishment of 
        not less than 1 training module that meets the requirements 
        under paragraph (3) that is provided--
                    ``(A) to any covered practitioner registered or 
                applying for a registration under this part to 
                dispense, or conduct research with, controlled 
                substances in schedule II, III, IV, or V;
                    ``(B) online; and
                    ``(C) free of charge.
            ``(5) Database of training modules.--The Secretary shall 
        establish, maintain, and periodically update a publicly 
        available database providing information relating to training 
        modules that meet the requirements under paragraph (3).
            ``(6) Exception.--A covered practitioner shall be deemed as 
        completing the training described in paragraph (2) if the 
        covered practitioner completes accredited continuing prescriber 
        education that--
                    ``(A) is--
                            ``(i) required, as a condition of State 
                        practice licensure, to fulfill mandated 
                        training or education related to best practices 
                        in pain management and substance use disorder 
                        treatment; and
                            ``(ii) substantially similar to the 
                        training required under paragraph (3); or
                    ``(B) is--
                            ``(i) required, as a condition of 
                        maintaining a board certification recognized by 
                        the appropriate board certification 
                        organizations, to fulfill mandated training or 
                        education related to best practices in pain 
                        management and substance use disorder 
                        treatment; and
                            ``(ii) substantially similar to the 
                        training required under paragraph (3).
            ``(7) Report on prescribing patterns.--Not later than 5 
        years after the date of enactment of the Safer Prescribing of 
        Controlled Substances Act, the Secretary shall evaluate, and 
        make publicly available a report describing, how exposure to 
        the training required under this subsection has changed 
        prescribing patterns of controlled substances.''; and
            (4) in subsection (l) (as redesignated), by striking ``In 
        this section'' and inserting ``Definition of Factors as May Be 
        Relevant to and Consistent With the Public Health and Safety.--
        In this section''.
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