[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5613-S5614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6086. Ms. HASSAN (for herself and Ms. Murkowski) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Mainstreaming Addiction Treatment
SEC. 1081. SHORT TITLE.
This subtitle may be cited as the ``Mainstreaming
Addiction Treatment Act of 2022''.
[[Page S5614]]
SEC. 1082. ELIMINATING SEPARATE REGISTRATION REQUIREMENT FOR
DISPENSING NARCOTIC DRUGS IN SCHEDULES III, IV,
AND V FOR MAINTENANCE OR DETOXIFICATION
TREATMENT.
(a) In General.--Section 303(g) of the Controlled
Substances Act (21 U.S.C. 823(g)) is amended--
(1) by striking paragraph (2);
(2) by striking ``(g)(1) Except as provided in paragraph
(2), practitioners who dispense narcotic drugs to individuals
for maintenance treatment or detoxification treatment'' and
inserting ``(g) Practitioners who dispense narcotic drugs
(other than narcotic drugs in schedule III, IV, or V) to
individuals for maintenance treatment or detoxification
treatment'';
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(4) in paragraph (2), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively.
(b) Technical and Conforming Edits.--
(1) Section 304 of the Controlled Substances Act (21 U.S.C.
824) is amended--
(A) in subsection (a), by striking ``303(g)(1)'' each place
it appears and inserting ``303(g)''; and
(B) in subsection (d)(1), by striking ``303(g)(1)'' and
inserting ``303(g)''.
(2) Section 309A(a) of the Controlled Substances Act (21
U.S.C. 829a(a)) is amended by striking paragraph (2) and
inserting the following:
``(2) the controlled substance--
``(A) is a narcotic drug in schedule III, IV, or V to be
administered for the purpose of maintenance or detoxification
treatment; and
``(B) is to be administered by injection or
implantation;''.
(3) Section 520E-4(c) of the Public Health Service Act (42
U.S.C. 290bb-36d(c)) is amended, in the matter preceding
paragraph (1), by striking ``information on any qualified
practitioner that is certified to prescribe medication for
opioid dependency under section 303(g)(2)(B) of the
Controlled Substances Act'' and inserting ``information on
any practitioner who prescribes narcotic drugs in schedule
III, IV, or V of section 202(c) of the Controlled Substances
Act (21 U.S.C. 812(c)) for the purpose of maintenance or
detoxification treatment''.
(4) Section 544(a)(3) of the Public Health Service Act (42
U.S.C. 290dd-3(a)(3)) is amended by striking ``any
practitioner dispensing narcotic drugs pursuant to section
303(g) of the Controlled Substances Act'' and inserting ``any
practitioner dispensing narcotic drugs for the purpose of
maintenance or detoxification treatment''.
(5) Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended by striking subsection (bb).
(6) Section 1834(o) of the Social Security Act (42 U.S.C.
1395m(o)) is amended by striking paragraph (3).
(7) Section 1866F(c)(3) of the Social Security Act (42
U.S.C. 1395cc-6(c)(3)) is amended--
(A) in subparagraph (A), by inserting ``and'' at the end;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(8) Section 1903(aa)(2)(C) of the Social Security Act (42
U.S.C. 1396b(aa)(2)(C)) is amended--
(A) in clause (i), by inserting ``and'' at the end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
SEC. 1083. NATIONAL EDUCATION CAMPAIGN.
(a) In General.--The Secretary of Health and Human
Services, acting through the Assistant Secretary for Mental
Health and Substance Use, shall conduct a national campaign
to educate practitioners with respect to the elimination of
the separate registration requirement under section 303(g) of
the Controlled Substances Act (21 U.S.C. 823(g)), as in
effect on the day before the date of enactment of this Act,
for dispensing narcotic drugs in schedule III, IV, and V for
maintenance or detoxification treatment.
(b) Required Components.--The national education campaign
under subsection (a) shall--
(1) encourage practitioners to integrate substance use
treatment into their practices; and
(2) include education on publicly available educational
resources and training modules that can assist practitioners
in treating patients with a substance use disorder.
SEC. 1084. COMMUNITY HEALTH AIDES AND COMMUNITY HEALTH
PRACTITIONERS.
(a) Practice of Telemedicine.--Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended--
(1) in paragraph (54)(A), by striking clause (i) and
inserting the following:
``(i) while the patient is--
``(I) being treated by, and physically located in, a
hospital or clinic registered under section 303(f); or
``(II) for purposes of section 302(h), being treated by a
community health aide or community health practitioner;
and'';
(2) by redesignating paragraph (58) as paragraph (59);
(3) by redesignating the second paragraph designated as
paragraph (57) (relating to the definition of ``serious drug
felony'') as paragraph (58);
(4) by moving paragraphs (57), (58) (as so redesignated),
and (59) (as so redesignated) 2 ems to the left; and
(5) by adding at the end the following:
``(60) The terms `community health aide' and `community
health practitioner' have the meanings within the meaning of
section 119 of the Indian Health Care Improvement Act (25
U.S.C. 1616l).''.
(b) Dispensation of Narcotic Drugs in Schedule III, IV, or
V.--Section 302 of the Controlled Substances Act (21 U.S.C.
822) is amended by adding at the end the following:
``(h) Dispensation of Narcotic Drugs in Schedule III, IV,
or V by Certain Practitioners.--
``(1) In general.--Notwithstanding subsection (a)(2), a
community health aide or community health practitioner may
dispense a narcotic drug in schedule III, IV, or V, such as
buprenorphine, or a combination of such drugs, to an
individual for maintenance treatment or detoxification
treatment (or both) without being registered under this title
if the drug is prescribed by a practitioner through the
practice of telemedicine.
``(2) Preemption.--Notwithstanding section 708, a State may
not require a community health aide or community health
practitioner to be licensed by the State in order to dispense
narcotic drugs in accordance with paragraph (1) of this
subsection.''.
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