[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5202 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5202
To amend the Controlled Substances Act to provide for the delivery of a
controlled substance by a pharmacy to an administering practitioner.
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IN THE HOUSE OF REPRESENTATIVES
March 7, 2018
Mr. Costello of Pennsylvania (for himself and Mr. Nolan) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
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A BILL
To amend the Controlled Substances Act to provide for the delivery of a
controlled substance by a pharmacy to an administering practitioner.
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 ``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, IMPLANTATION, OR INTRATHECAL
PUMP.
(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 (pursuant to a registration under subsection (f)
or (g) of section 303, as applicable) 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)(A) in the case of administering of the controlled
substance for the purpose of maintenance or detoxification
treatment under section 303(g)(2)--
``(i) the practitioner who issued the prescription
is a qualifying practitioner authorized under, and
acting within the scope of, that section; and
``(ii) the controlled substance is to be
administered by injection or implantation; or
``(B) in the case of administering of the controlled
substance for a purpose other than maintenance or
detoxification treatment, the controlled substance is to be
administered by a practitioner through use of an intrathecal
pump;
``(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.--A modification under this
subsection may not modify the number of days specified in
subsection (a)(5) to fewer than 7.''.
(b) Study and Report.--Not later than 2 years after the date of
enactment of this Act, 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,
implantation, or through the use of an intrathecal pump.
(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.''.
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