[Congressional Record Volume 144, Number 73 (Tuesday, June 9, 1998)]
[Senate]
[Pages S5794-S5798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NICKLES (for himself, Mr. Lott, Mr. Coats, Mr. Inhofe, Mr. 
        Helms, Mr. Murkowski, Mr. Grams, Mr. Faircloth, Mr. Bond, Mr. 
        Enzi, Mr. Sessions, Mr. Hagel, and Mr. Coverdell):
  S. 2151. A bill to clarify Federal law to prohibit the dispensing or 
distribution of a controlled substance for the purpose of causing, or 
assisting in causing, the suicide, euthanasia, or mercy killing of any 
individual; to the Committee on the Judiciary.


                Lethal Drug Abuse Prevention Act of 1998

  Mr. NICKLES. Mr. President, today I rise, along with Senators Lott, 
Coats, Inhofe, Helms, Murkowski, Grams of Minnesota, Faircloth, Bond, 
Enzi, Sessions, Hagel, and Coverdell to introduce the Lethal Drug Abuse 
Prevention Act of 1998. This legislation will clarify that physicians 
entrusted by the federal government with the authority to prescribe and 
dispense controlled substances may not abuse that authority by using 
them in assisted suicides. It also strongly reaffirms that physicians 
should use federally controlled substances for the legitimate medical 
purpose of relieving pain and discomfort.
  Last year, Congress passed the Assisted Suicide Funding Restriction 
Act of 1997 without a dissenting vote in the Senate and by an 
overwhelming margin of 398-16 in the House. The President signed the 
bill, saying it ``will allow the Federal Government to speak with a 
clear voice in opposing these practices,'' and warning that ``to 
endorse assisted suicide would set us on a disturbing and perhaps 
dangerous path.''
  The distribution of narcotics and other dangerous drugs is prohibited 
by federal law under the Controlled Substances Act. Under this law 
physicians may get a special federal license from the Drug Enforcement 
Administration (DEA), called a DEA registration, that allows them to 
prescribe these federally controlled drugs for ``legitimate medical 
purposes.'' This was confirmed last November in a letter by Thomas 
Constantine, Administrator of the DEA, who concluded that ``delivering, 
dispensing or prescribing a controlled substance with the intent of 
assisting a suicide would not be under any current definition a 
legitimate medical purpose.''
  It is important to understand that while physicians receive their 
license to practice medicine from state medical boards, they receive 
this separate DEA registration to prescribe controlled substances from 
the federal DEA. Each time a doctor orders a controlled substance they 
must fill our a form in triplicate and one copy goes to the DEA. 
Physicians must be prepared to explain to DEA officials their use of 
these drugs, and they lose their registration and even risk criminal 
penalties if they prescribe such drugs for any reason but ``Legitimate 
medical purposes.''
  On June 5, Attorney General Janet Reno issued a decision which 
overturned the DEA ruling. According to the Attorney General, the 
Controlled Substances Act does not restrict the use of federally 
controlled dangerous drugs for the purpose of assisted suicide. It is 
for this reason I am introducing this legislation.
  I have long been a strong advocate of states' rights and the limited 
role of the federal government, so let me make clear what this 
legislation does. It simply clarifies that the dispensing of controlled 
substances for the purpose of assisted suicide is prohibited under 
longstanding federal law, the Controlled Substance Act.
  This is not the first time the federal government has acted to ensure 
that federally regulated drugs are not used for purposes that violate 
federal law. The current Administration is committed to enforcing 
federal prohibitions on the use of marijuana, despite state referenda 
that seeks to legitimize such use for what some see as medicinal use. 
By the same token, one state's referendum rescinding local criminal 
penalties for assisting a suicide does not magically transform a lethal 
act into a legitimate medical practice within the meaning of federal 
law.

[[Page S5798]]

  Congress cannot remain silent now. Congress acted with one voice to 
ensure that no federal program, facility or employee is involved in 
assisted suicide. Enactment of the Lethal Drug Abuse Prevention Act of 
1998 will ensure that federal authorization to prescribe DEA-regulated 
drugs does not include the authority to prescribe such drugs to cause a 
patient's death.
  I urge my colleagues to support and swiftly enact this urgently 
needed legislation.
  Mr President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows

                                S. 2151

       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 ``Lethal Drug Abuse Prevention 
     Act of 1998''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the use of certain narcotics and other dangerous drugs 
     is generally prohibited under the Controlled Substances Act;
       (2) under the Controlled Substances Act and implementing 
     regulations, an exception to this general prohibition permits 
     the dispensing and distribution of certain controlled 
     substances by properly registered physicians for legitimate 
     medical purposes;
       (3) the dispensing or distribution of controlled substances 
     to assist suicide is not a legitimate medical purpose and 
     should not be construed to be permissible under the 
     Controlled Substances Act;
       (4) the dispensing or distribution of certain controlled 
     substances for the purpose of relieving pain and discomfort 
     is a legitimate medical purpose under the Controlled 
     Substances Act and physicians should not hesitate to dispense 
     or distribute them for that purpose when medically indicated; 
     and
       (5) for the reasons set forth in section 101 of the 
     Controlled Substances Act (21 U.S.C. 801), the dispensing and 
     distribution of controlled substances for any purpose, 
     including that of assisting suicide, affects interstate 
     commerce.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide explicitly that Federal law is not intended 
     to license the dispensing or distribution of a controlled 
     substance with a purpose of causing, or assisting in causing, 
     the suicide, euthanasia, or mercy killing of any individual; 
     and
       (2) to encourage physicians to prescribe controlled 
     substances as medically appropriate in order to relieve pain 
     and discomfort, by reducing unwarranted concerns that their 
     registration to prescribe controlled substances will thereby 
     be put at risk, if there is no intent to cause a patient's 
     death.

     SEC. 3. LETHAL DRUG ABUSE PREVENTION.

       (a) Denial of Registration.--Section 303 of the Controlled 
     Substances Act (21 U.S.C. 823) is amended by adding at the 
     end the following:
       ``(i) Denial of Registration.--The Attorney General shall 
     determine that registration of an applicant under this 
     section is inconsistent with the public interest if--
       ``(1) during the 5-year period immediately preceding the 
     date on which the application is submitted under this 
     section, the registration of the applicant under this section 
     was revoked under section 304(a)(4); or
       ``(2) the Attorney General determines, based on clear and 
     convincing evidence, that the applicant is applying for the 
     registration with the intention of using the registration to 
     take any action that would constitute a violation of section 
     304(a)(4).''.
       (b) Suspension or Revocation of Registration.--
       (1) In general.--Section 304(a) of the Controlled 
     Substances Act (21 U.S.C. 824(a)) is amended--
       (A) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) has intentionally dispensed or distributed a 
     controlled substance with a purpose of causing, or assisting 
     in causing, the suicide, euthanasia, or mercy killing of any 
     individual, except that this paragraph does not apply to the 
     dispensing or distribution of a controlled substance for the 
     purpose of relieving pain or discomfort (even if the use of 
     the controlled substance may increase the risk of death), so 
     long as the controlled substance is not also dispensed or 
     distributed for the purpose of causing, or assisting in 
     causing, the death of an individual for any reason;''.
       (2) Conforming amendment.--Section 304(a)(5) of the 
     Controlled Substances Act (21 U.S.C. 824(a)(5)) (as 
     redesignated by paragraph (1) of this subsection) is amended 
     by inserting ``other'' after ``such''.
       (c) Pain Relief.--Section 304(c) of the Controlled 
     Substances Act (21 U.S.C. 824(c)) is amended--
       (1) by striking ``(c) Before'' and inserting the following:
       ``(c) Procedures.--
       ``(1) Order to show cause.--After any hearing under 
     paragraph (2), and before''; and
       (2) by adding at the end the following:
       ``(2) Medical review board on pain relief.--
       ``(A) In general.--The Attorney General shall by regulation 
     establish a board to be known as the Medical Review Board on 
     Pain Relief (referred to in this subsection as the `Board').
       ``(B) Membership.--The Attorney General shall appoint the 
     members of the Board--
       ``(i) from among individuals who, by reason of specialized 
     education or substantial relevant experience in pain 
     management, are clinical experts with knowledge regarding 
     standards, practices, and guidelines concerning pain relief; 
     and
       ``(ii) after consultation with the American Medical 
     Association, the American Academy of Hospice and Palliative 
     Medicine, the National Hospice Organization, the American 
     Geriatrics Society, and such other entities with relevant 
     expertise concerning pain relief, as the Attorney General 
     determines to be appropriate.
       ``(C) Duties of board.--
       ``(i) Hearing.--If an applicant or registrant claims that 
     any action (or, in the case of a proposed denial under 
     section 303(i)(2), any potential action) that is a basis of a 
     proposed denial under section 303(i), or a proposed 
     revocation or suspension under subsection (a)(4) of this 
     section, is an appropriate means to relieve pain that does 
     not constitute a violation of subsection (a)(4) of this 
     section, the applicant or registrant may seek a hearing 
     before the Board on that issue.
       ``(ii) Findings.--Based on a hearing under clause (i), the 
     Board shall make findings regarding whether the action at 
     issue is an appropriate means to relieve pain that does not 
     constitute a violation of subsection (a)(4). The findings of 
     the Board under this clause shall be admissible in any 
     hearing pursuant to an order to show cause under paragraph 
     (1).''.

     SEC. 4. CONSTRUCTION.

       (a) In General.--Nothing in this Act or the amendments made 
     by this Act shall be construed to imply that the dispensing 
     or distribution of a controlled substance before the date of 
     enactment of this Act for the purpose of causing, or 
     assisting in causing, the suicide, euthanasia, or mercy 
     killing of any individual is not a violation of the 
     Controlled Substances Act (21 U.S.C. 801 et seq.).
       (b) Incorporated Definitions.--In this section, the terms 
     ``controlled substance'', ``dispense'', and ``distribute'' 
     have the meanings given those terms in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802).

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