[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4941 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4941
To expand access to methadone through alternative care models using
pharmacies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2026
Mr. Markey (for himself, Mr. Paul, Ms. Warren, Ms. Hassan, Ms.
Duckworth, and Mr. Booker) introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To expand access to methadone through alternative care models using
pharmacies.
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 ``Modernizing Opioid Treatment Access
Act 2.0 of 2026''.
SEC. 2. EXPANSION OF METHADONE FOR OPIOID USE DISORDER THROUGH
PRESCRIBING AND PHARMACIES.
Section 303(h) of the Controlled Substances Act (21 U.S.C. 823(h))
is amended--
(1) in paragraph (2)--
(A) by striking ``(A)'' and inserting ``(i)''; and
(B) by striking ``(B)'' and inserting ``(ii)'';
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(3) by striking ``(h) Practitioners'' and inserting
``(h)(1) Practitioners''; and
(4) by adding at the end the following:
``(2)(A) The requirements of paragraph (1) applicable to methadone
medication for opioid use disorder are waived, and the Attorney
General, in consultation with the Secretary, shall separately register
practitioners described in subparagraph (B) of this paragraph to
prescribe methadone for opioid use disorder to be dispensed through a
pharmacy to individuals for their own supervised or unsupervised use.
``(B) Practitioners described in this subparagraph are persons
who--
``(i) are licensed, registered, or otherwise permitted, by
the United States or the jurisdiction in which they practice,
to prescribe controlled substances in the course of
professional practice; and
``(ii) are--
``(I) addiction medicine physicians or addiction
psychiatrists who hold a subspecialty board
certification in addiction medicine from the American
Board of Preventive Medicine, a board certification in
addiction medicine from the American Board of Addiction
Medicine, a subspecialty board certification in
addiction psychiatry from the American Board of
Psychiatry and Neurology, or a subspecialty board
certification in addiction medicine from the American
Osteopathic Association; or
``(II) otherwise determined by the Secretary, under
standards established by the Secretary, to be qualified
to prescribe methadone for opioid use disorder.
``(C) The prescribing of methadone pursuant to subparagraph (A)
shall be--
``(i) exclusively by electronic prescribing and dispensed
to the individual treated pursuant to subparagraph (A);
``(ii) in compliance with applicable Federal and State law
respecting the quantities of methadone for opioid use disorder
that may be dispensed to individuals pursuant to subparagraph
(A); and
``(iii) for a liquid or dispersible tablet formulation.
``(D) The dispensing of methadone to an individual pursuant to
subparagraph (A) shall be in addition to the other care that the
individual continues to have access to through an opioid use disorder
treatment program.
``(E) Practitioners registered pursuant to subparagraph (A) shall--
``(i) ensure and document, with respect to each individual
treated pursuant to subparagraph (A), informed consent to
treatment; and
``(ii) include in such informed consent, specific informed
consent regarding differences in confidentiality protections
applicable when dispensing through an opioid treatment program
versus dispensing through a pharmacy pursuant to subparagraph
(A).
``(F) At the request of a State, the Attorney General shall--
``(i) cease registering persons in the State pursuant to
subparagraph (A);
``(ii) revoke any such registration in effect for a person
in the State pursuant to section 304; and
``(iii) deny any pending application for such registration
from a practitioner in the State pursuant to section 304.
``(G) Maintenance treatment or detoxification treatment provided
pursuant to subparagraph (A) may be provided through the practice of
telemedicine.
``(H) A pharmacy shall not be required to obtain a separate
registration to dispense methadone medication for opioid use disorder
to an individual who has been prescribed that medication by a
practitioner registered pursuant to subparagraph (A).
``(3) Not later than 180 days after the date of enactment of this
paragraph, and annually thereafter, the Administrator of the Drug
Enforcement Administration shall submit to Congress a report that
includes, for the reporting period--
``(A) the number of practitioners registered pursuant to
paragraph (2)(A) in each State;
``(B) a list of States for which the Attorney General
received a request pursuant to paragraph (2)(F);
``(C) the number of revocations or suspensions of
registration issued pursuant to section 304, based on
violations related to the prescribing of methadone for opioid
use disorder by practitioners who are registered pursuant to
paragraph (2)(A); and
``(D) the number of pharmacies that ordered methadone in
liquid or dispersible tablet formulations.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 180 days after the date of enactment of this Act.
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