[Congressional Record Volume 163, Number 116 (Tuesday, July 11, 2017)]
[House]
[Pages H5396-H5398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MEDICAL CONTROLLED SUBSTANCES TRANSPORTATION ACT OF 2017
Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1492) to amend the Controlled Substances Act to direct the
Attorney General to register practitioners to transport controlled
substances to States in which the practitioner is not registered under
the Act for the purpose of administering the substances (under
applicable State law) at locations other than principal places of
business or professional practice.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1492
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 ``Medical Controlled
Substances Transportation Act of 2017''.
SEC. 2. REGISTRATION FOR TRANSPORT OF CONTROLLED SUBSTANCES
TO STATES IN WHICH THE PRACTITIONER IS NOT
REGISTERED UNDER THE CONTROLLED SUBSTANCES ACT
FOR THE PURPOSE OF ADMINISTERING THE SUBSTANCES
AT LOCATIONS OTHER THAN PRINCIPAL PLACES OF
BUSINESS OR PROFESSIONAL PRACTICE.
Section 303 of the Controlled Substances Act (21 U.S.C.
823) is amended by adding at the end the following:
``(k) Registration for Transport of Controlled Substances
to States in Which the Practitioner Is Not Registered for the
Purpose of Administering the Substances at Locations Other
Than Principal Places of Business or Professional Practice.--
``(1) In general.--Upon application by a practitioner
(other than a pharmacy) who is registered under subsection
(f), the Attorney General shall issue a separate registration
to the practitioner authorizing the practitioner--
``(A) to transport one or more controlled substances in
schedule II, III, IV, or V from the practitioner's registered
location in a State to one or more States in which the
practitioner is not registered under subsection (f) for the
purpose of the practitioner administering the substances at
locations other than a principal place of business or
professional practice; and
``(B) to so administer the substances.
``(2) Requirements.--For a practitioner to be authorized to
transport and administer controlled substances pursuant to a
registration issued under paragraph (1), all of the following
conditions must be satisfied:
``(A) The practitioner must be licensed, registered, or
otherwise permitted by the State in which the controlled
substances are administered to carry out such activity at the
location where it occurs.
``(B) The practitioner must--
``(i) limit the time of transport and administering of any
controlled substance pursuant to such registration to not
more than 72 consecutive hours; and
``(ii) by the conclusion of such 72 hours, return any such
controlled substance so transported but not administered to
the registered location from which such substance was
obtained.
``(C)(i) The practitioner must maintain records of the
transporting and administering of any controlled substance
pursuant to this subsection.
``(ii) Such records shall be maintained, in accordance with
the requirements of section 307(b), at the practitioner's
registered location from which the controlled substances were
obtained and shall include--
``(I) the location where the controlled substance was
administered; and
``(II) such other information as may be required by
regulation of the Attorney General with respect to records
for dispensers of controlled substances.
``(iii) Notwithstanding clause (ii), the exception in
subsection 307(c)(1)(B) shall not apply to records required
by this subparagraph.
``(3) Grounds for denial or revocation.--The Attorney
General may deny an application for registration under this
subsection, or a renewal thereof, or revoke such
registration, based on the criteria listed in section 304(a),
except that the applicant shall not be required, as a
condition of initially obtaining such registration, to
present proof of State authorization to administer controlled
substances.
``(4) Automatic termination.--A registration issued under
this subsection shall automatically terminate if the
practitioner no longer has an active registration under
subsection (f) due to revocation, suspension, surrender, or
other termination.
``(5) Definition.--In this subsection, the term `registered
location' means, with respect to each registration issued to
a practitioner under subsection (f), the address that appears
on the certificate of registration.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Burgess) and the gentleman from Texas (Mr. Gene Green) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. Burgess).
[[Page H5397]]
General Leave
Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material into the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BURGESS. Mr. Speaker, it is my pleasure to yield such time as he
may consume to the gentleman from Texas (Mr. Sessions), who is the
chairman of the Rules Committee.
Mr. SESSIONS. Mr. Speaker, I rise today in support of this
legislation.
I want to thank the chairman of the Energy and Commerce Committee,
Mr. Walden from Hood River, Oregon, as well as the Health Subcommittee
chairman, Michael Burgess from Lewisville, Texas. I appreciate Dr.
Burgess for yielding me time on this bill that is mine, that I
presented several years ago, Mr. Speaker, that we are finally getting a
chance to support today.
I wish to express my full support for H.R. 1492, the Medical
Controlled Substances Transportation Act of 2017. This legislation
represents commonsense reforms that will ensure certainty and
regulatory clarity, while recognizing the needs of doctors, patients,
and law enforcement alike. I hope Members on both sides recognize the
need for not only this legislation, but will be in support.
Currently, physicians and other DEA-licensed medical practitioners
are barred from transporting controlled substances from one practice
setting to another. This is particularly strenuous on physicians who
travel for their jobs. For example, team physicians at both the college
and professional level have been particularly affected by the lack of
clarity in the current law.
Physicians who travel with teams to away games carefully practiced
transporting medicines--and they have done so for decades--in a manner
that they believed to be in compliance with DEA regulations. Recently,
however, there has been uncertainty surrounding this issue, as a number
of teams have found themselves being challenged by the Drug Enforcement
Administration.
Those physicians who had, for years, been in compliance, or felt like
they were in compliance, were unable to provide players with proper
medical care after many injuries while they were at an away game.
H.R. 1492 will allow physicians to obtain a separate mobile
registration with the DEA for the ability to transport these very
specific substances for medically relevant reasons directly related to
the care of patients between practice settings. This registration
allows for physician transport, up to 72 hours, while maintaining
updated records of transport and the administration of these controlled
substances. Such allowances would ensure that physicians whose
practices are inherently dynamic have the necessary provisions to
provide care to their patients regardless of the setting.
I would like to thank the Drug Enforcement Administration for working
with me and my office for the last 5 years on this important issue. I
would also like to thank Dr. Dan Cooper, who is the lead physician for
the Dallas Cowboys. I would like to thank the gentleman who owns the
Dallas Cowboys, Mr. Jerry Jones, for standing up on behalf of
professional teams and their players to ensure that we work together
for a commonsense answer. I want to thank the gentleman, Dr. Burgess,
for yielding me the time.
Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 1492, the Medical
Controlled Substances Transportation Act of 2017, authored by my good
friend from Texas, the chairman of the Rules Committee, Representative
Pete Sessions.
Whether it is emergency medical service providers traveling to a
disaster area to provide care or a team physician at an away game,
certain medical practitioners often need to travel with and administer
antiseizure or pain medications.
Although many of these are regulated under the Controlled Substances
Act, current law does not specifically authorize the transportation or
administration of such substances away from their registered location.
Currently, the Controlled Substances Act does not specifically
authorize the transportation and the administration of controlled
substances away from the location registered with the Drug Enforcement
Administration.
In order to ensure appropriate oversight of this practice, H.R. 1492
would establish a separate registration process for mobile
practitioners who are already registered with the DEA and in good
standing.
For a practitioner to transport and administer controlled substances
pursuant to this new registration, he or she must be licensed,
registered, or otherwise permitted by the State in which the substances
are administered to carry out such activity at the location where it
occurs.
In addition, the practitioner must limit the time of transport to not
more than 72 consecutive hours and return any such substances not
administered to their registered location from which they were
obtained.
Further, the practitioner must maintain records of the transporting
and administering, and DEA would maintain the authority to deny or
revoke a registration.
Mr. Speaker, this is a good bill, and I urge my colleagues to support
it.
Mr. Speaker, I reserve the balance of my time.
U.S. House of Representatives,
Committee on the Judiciary,
Washington, DC, June 24, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Walden: I write with respect to H.R. 1492,
the ``Medical Controlled Substances Transportation Act.'' As
a result of your having consulted with us on provisions
within H.R. 1492 that fall within the Rule X jurisdiction of
the Committee on the Judiciary, I forego any further
consideration of this bill so that it may proceed
expeditiously to the House floor for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 1492 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation and that our
committee will be appropriately consulted and involved as
this bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation and asks
that you support any such request.
I would appreciate a response to this letter confirming
this understanding with respect to H.R. 1492 and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration of H.R. 1492.
Sincerely,
Bob Goodlatte,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, June 24, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: Thank you for your letter
concerning H.R. 1492, Medical Controlled Substances
Transportation Act of 2017. I appreciate your willingness to
forego any further consideration of this bill so that it may
proceed expeditiously to the House floor for consideration.
I agree that by foregoing consideration of H.R. 1492 at
this time, the Judiciary Committee does not waive any
jurisdiction over subject matter contained in this or similar
legislation and that your Committee will be appropriately
consulted and involved as this bill or similar legislation
moves forward so that the Committee may address any remaining
issues in its jurisdiction. I understand the Committee also
reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation and will support any such
request.
I will include a copy of our exchange of letters on this
matter in the Congressional Record during the Floor
consideration of H.R. 1492.
Sincerely,
Greg Walden,
Chairman.
Mr. GENE GREEN of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 1492, the Medical Controlled
Substances Transportation Act. This legislation will allow physicians,
in agreement with the Drug Enforcement Agency, to transport and
administer controlled substances to patients in another setting or
disaster area.
Under current law, the Controlled Substances Act prohibits the
transport
[[Page H5398]]
and storage of controlled substances away from the site that is
registered with the DEA. This makes it illegal for athletic team
doctors to transport a small amount of critical medications that may be
needed to treat athletes while on the road.
Athletics are awfully important in Texas, and I think it is by luck
of the draw--specifically, football--that you have three Texans today
who want to make sure that our teams can have their doctors treat them.
For equal time for my colleague from Dallas, I am sure this law would
also provide for the Houston Texans, not just for the Dallas Cowboys.
It also complicates care for patients in emergency disaster areas
where a doctor may want to offer their services during a crisis.
This bill would allow a physician to transport controlled substances
to another practice setting or to a Presidentially declared disaster
area if the physician is registered to dispense controlled substances
listed on schedules II, III, IV, or V, and they enter into a specific
agreement with the DEA.
The agreement would require a physician to provide advance
notification to the DEA of any transport, identify the controlled
substances to be transported and the locations to and from, the
intended dates of transport, and the anticipated travel time. The
physician is also required to maintain records in their primary
practice setting on the dispensing of transported substances, and the
duration of the agreement is limited to 72 hours.
As the Nation grapples with the ongoing prescription drug abuse
crisis, these safeguards are important to ensuring appropriate use,
while allowing doctors to treat patients where they are.
I want to thank the sponsor, Representative Pete Sessions, and the
committee for their work to advance this legislation.
Mr. Speaker, I urge my colleagues to support H.R. 1492, and I yield
back the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield myself the balance of my time.
I want to commend Chairman Sessions for working on this important
legislation with the Energy and Commerce Committee, the House Judiciary
Committee, and the Drug Enforcement Administration to ensure that we
got it right. This is a good bill with appropriate safeguards.
Mr. Speaker, I urge my colleagues to vote ``yes,'' and I yield back
the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H.R. 1492,
the ``Medical Controlled Substances Transportation Act of 2017.''
This bill amends the Controlled Substances Act (CSA) to direct the
Attorney General to register practitioners to transport controlled
substances to States in which the practitioner is not registered under
the CSA to administer these substances at locations other than
principal places of professional practice.
H.R. 1492 provides necessary guidance to the Drug Enforcement
Administration (DEA) to clarify the requirements of physicians whose
jobs inherently require transporting controlled substances.
By requiring the registration of practitioners who transport and
administer controlled substances across state lines, this bill also
increases oversight to ensure physicians are appropriately
administering controlled substances to their patients.
Mr. Speaker, H.R. 1492 addresses a crucial element in America's
current opioid crisis regarding the mishandling of powerful
prescription drugs by licensed physicians which can result in problems
with addiction or abuse for patients.
This issue is particularly relevant in the arena of sports medicine,
where specialized physicians are often required to swiftly treat
athlete injuries while on the road.
In high-pressure environments, physicians and trainers sometimes
prioritize athletic performance over physical and mental health, a
mentality which has been shown to leave the door open for long-term,
potentially devastating consequences for the players.
Earlier this year, a group of more than 1,800 former professional
football players filed a federal lawsuit against all 32 teams of the
National Football League (NFL) for allowing teams to violate federal
laws governing the transportation, distribution, and administration of
prescription drugs.
The lawsuit revealed a slew of dangerous, illegal practices within
the NFL and individual teams, including the excessive administration
and use of powerful painkillers and anti-inflammatory drugs as well as
the failure of league and team officials to acknowledge or comply with
guidance from the DEA.
In 2012, for instance, the average NFL team prescribed nearly 5,777
doses of anti-inflammatory drugs and 2,213 doses of controlled
medications to its players.
The staggering levels of opioid use in the NFL have led to a number
of chronic health problems for many former players who continue to
suffer from long-term organ and joint damage years or even decades
after they have retired.
Even more troubling, a 2011 survey of 644 retired players found that
7 percent were still actively using opioid drugs in retirement--more
than four limes the rate of opioid use in the general population.
National sports leagues like the NFL are massive, multi-billion
dollar industries that drive many local economies in the United States;
last year, the average NFL team was worth $2.3 billion and employed
3,739 people.
However, it is vital that we recognize the human cost of this highly
profitable business.
With the immense economic and cultural value of America's sports
teams and athletes in mind, the federal government should take all
necessary measures to ensure that fans and players are able to enjoy
their favorite past-times safely and fairly.
H.R. 1492 is a crucial step in improving the DEA's ability to protect
prescription drug recipients who are vulnerable to misusing or abusing
painkillers and other powerful medications.
Fixing our national opioid epidemic is a bipartisan cause, and I am
confident that this legislation has the potential to effect powerful
and positive change for large numbers of Americans.
I urge my colleagues to join me in supporting H.R. 1492.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Burgess) that the House suspend the rules and
pass the bill, H.R. 1492.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BURGESS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________