[Congressional Record Volume 164, Number 85 (Wednesday, May 23, 2018)]
[Senate]
[Page S2881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2267. Mr. McCONNELL (for Mr. Cassidy) proposed an amendment to the 
bill S. 916, to provide for the delivery of a controlled substance by a 
pharmacy to an administering practitioner; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ensuring Patient Access to 
     Substance Use Disorder Treatments Act of 2018''.

     SEC. 2. DELIVERY OF A CONTROLLED SUBSTANCE BY A PHARMACY TO 
                   BE ADMINISTERED BY INJECTION OR IMPLANTATION.

       (a) In General.--The Controlled Substances Act is amended 
     by inserting after section 309 (21 U.S.C. 829) the following:


``delivery of a controlled substance by a pharmacy to an administering 
                              practitioner

       ``Sec. 309A.  (a) In General.--Notwithstanding section 
     102(10), a pharmacy may deliver a controlled substance to a 
     practitioner in accordance with a prescription that meets the 
     requirements of this title and the regulations issued by the 
     Attorney General under this title, for the purpose of 
     administering of the controlled substance by the practitioner 
     if--
       ``(1) the controlled substance is delivered by the pharmacy 
     to the prescribing practitioner or the practitioner 
     administering the controlled substance, as applicable, at the 
     location listed on the practitioner's certificate of 
     registration issued under this title;
       ``(2) in the case of administering of the controlled 
     substance for the purpose of maintenance or detoxification 
     treatment under section 303(g)(2)--
       ``(A) the practitioner who issued the prescription is a 
     qualifying practitioner authorized under, and acting within 
     the scope of that section; and
       ``(B) the controlled substance is to be administered by 
     injection or implantation;
       ``(3) the pharmacy and the practitioner are authorized to 
     conduct the activities specified in this section under the 
     law of the State in which such activities take place;
       ``(4) the prescription is not issued to supply any 
     practitioner with a stock of controlled substances for the 
     purpose of general dispensing to patients;
       ``(5) except as provided in subsection (b), the controlled 
     substance is to be administered only to the patient named on 
     the prescription not later than 14 days after the date of 
     receipt of the controlled substance by the practitioner; and
       ``(6) notwithstanding any exceptions under section 307, the 
     prescribing practitioner, and the practitioner administering 
     the controlled substance, as applicable, maintain complete 
     and accurate records of all controlled substances delivered, 
     received, administered, or otherwise disposed of under this 
     section, including the persons to whom controlled substances 
     were delivered and such other information as may be required 
     by regulations of the Attorney General.
       ``(b) Modification of Number of Days Before Which 
     Controlled Substance Shall Be Administered.--
       ``(1) Initial 2-year period.--During the 2-year period 
     beginning on the date of enactment of this section, the 
     Attorney General, in coordination with the Secretary, may 
     reduce the number of days described in subsection (a)(5) if 
     the Attorney General determines that such reduction will--
       ``(A) reduce the risk of diversion; or
       ``(B) protect the public health.
       ``(2) Modifications after submission of report.--After the 
     date on which the report described in subsection (c) is 
     submitted, the Attorney General, in coordination with the 
     Secretary, may modify the number of days described in 
     subsection (a)(5).
       ``(3) Minimum number of days.--Any modification under this 
     subsection shall be for a period of not less than 7 days.''.
       (b) Study and Report.--Not later than 2 years after the 
     date of enactment of this section, the Comptroller General of 
     the United States shall conduct a study and submit to 
     Congress a report on access to and potential diversion of 
     controlled substances administered by injection or 
     implantation.
       (c) Technical and Conforming Amendment.--The table of 
     contents for the Comprehensive Drug Abuse Prevention and 
     Control Act of 1970 is amended by inserting after the item 
     relating to section 309 the following:

``Sec. 309A. Delivery of a controlled substance by a pharmacy to an 
              administering practitioner.''.
                                 ______