[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.

                          ____________________