Lethal Drug Abuse Prevention Act of 1998

Summary: Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense a controlled substance or a list I chemical is inconsistent with the public interest if:  (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked for dispensing or distributing a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual; or (2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using such registration for such purpose.  Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance for such purpose. 
Places upon the Attorney General the burden of proving, by clear and convincing evidence, in a proceeding to deny, revoke, or suspend a license, that the practitioner's intent was to cause or to assist in causing the suicide or euthanasia of any individual (but makes proof that the registrant knew that the use of such substance may increase the risk of death insufficient to meet such burden).  Authorizes the practitioner to request review of the administrative record of such proceeding by the Medical Advisory Board on Pain Relief to be established by the Attorney General pursuant to this Act.  Directs the Board, at the request of an applicant or registrant, to conduct such a review and issue an advisory opinion regarding whether a particular action at issue is an appropriate means to relieve pain or suffering that does not constitute a violation of this Act.  Makes such opinion part of the administrative record which shall be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lethal Drug Abuse Prevention Act of 
1998''.

SEC. 2. LETHAL DRUG ABUSE PREVENTION.

    (a) Denial of Registration.--Section 303 of the Controlled 
Substances Act (21 U.S.C. 823) is amended by adding at the end the 
following:
    ``(i) Additional Ground for Denial of Registration--Assisted 
Suicide.--The Attorney General shall determine that registration of an 
applicant under this section is inconsistent with the public interest 
if--
            ``(1) during the 5-year period immediately preceding the 
        date on which the application is submitted under this section, 
        the registration of the applicant under this section was 
        revoked under section 304(a)(4); or
            ``(2) the Attorney General determines, based on clear and 
        convincing evidence, that the applicant is applying for the 
        registration with the intention of using the registration to 
        take any action that would constitute a violation of section 
        304(a)(4).''.
    (b) Suspension or Revocation of Registration.--
            (1) In general.--Section 304(a) of the Controlled 
        Substances Act (21 U.S.C. 824(a)) is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) has intentionally dispensed or distributed a 
        controlled substance with a purpose of causing, or assisting in 
        causing, the suicide or euthanasia of any individual, except 
        that this paragraph does not apply to the dispensing or 
        distribution of a controlled substance for the purpose of 
        alleviating pain or discomfort (even if the use of the 
        controlled substance may increase the risk of death), so long 
        as the controlled substance is not also dispensed or 
        distributed for the purpose of causing, or assisting in 
        causing, the death of an individual for any reason;''.
            (2) Conforming amendment.--Section 304(a)(5) of the 
        Controlled Substances Act (21 U.S.C. 824(a)(5)) (as 
        redesignated by paragraph (1) of this subsection) is amended by 
        inserting ``other'' after ``such'' the first place such term 
        appears.
    (c) Pain Relief.--Section 304(c) of the Controlled Substances Act 
(21 U.S.C. 824(c)) is amended--
            (1) by striking ``(c) Before'' and inserting the following:
    ``(c) Procedures.--
            ``(1) Order to show cause.--Before''; and
            (2) by adding at the end the following:
    ``(2) Assisted suicide.--
            ``(A) Burden of proof.--At any proceeding under paragraph 
        (1), where the order to show cause is based on subsection 
        (a)(4) for denial, revocation, or suspension of registration, 
        the Attorney General shall have the burden of proving, by clear 
        and convincing evidence, that the practitioner's intent was to 
        dispense or distribute a controlled substance with a purpose of 
        causing, or assisting in causing, the suicide or euthanasia of 
        any individual. In meeting such burden it shall not be 
        sufficient to prove that the registrant knew that the use of 
        the controlled substance may increase the risk of death.
            ``(B) Request for review by Medical Advisory Board on Pain 
        Relief.--At any proceeding under paragraph (1), where the order 
        to show cause is based on subsection (a)(4) for denial, 
        revocation, or suspension of registration, the practitioner may 
        request, within 30 days after the receipt of the order to show 
        cause, that the Medical Advisory Board on Pain Relief review, 
        in accordance with paragraph (3), the administrative record of 
        such proceeding as it relates to subsection (a)(4).
    ``(3) Medical advisory board on pain relief.--
            ``(A) In general.--The Attorney General shall by regulation 
        establish a board to be known as the Medical Advisory Board on 
        Pain Relief (referred to in this paragraph as the `Board').
            ``(B) Membership.--The Attorney General shall appoint the 
        members of the Board--
                    ``(i) from among individuals who, by reason of 
                specialized education or substantial relevant 
                experience in pain management, are clinical experts 
                with knowledge regarding standards, practices, and 
                guidelines concerning pain relief; and
                    ``(ii) after consultation with the American Medical 
                Association, the American Academy of Pain Medicine, the 
                American Pain Society, the American Academy of Hospice 
                and Palliative Medicine, the National Hospice 
                Organization, the American Geriatrics Society, and such 
                other entities with relevant expertise concerning pain 
                relief, as the Attorney General determines to be 
                appropriate.
            ``(C) Duties of Board.--If in accordance with paragraph 
        (2)(B) an applicant or registrant requests a review by the 
        Board of the record of a proceeding under paragraph (1), the 
        Board shall review the administrative record of such proceeding 
        as it relates to subsection (a)(4) and issue to the Attorney 
        General an advisory opinion as to whether the dispensing or 
        distribution of the controlled substance at issue in the 
        proceeding was for the purpose of alleviating pain or 
        discomfort in a manner that does not constitute a violation of 
        subsection (a)(4). The opinion of the Board under this 
        subparagraph shall be part of the administrative record and 
        shall be considered by the Attorney General in determining 
        whether to deny, revoke, or suspend the registration 
        involved.''.

SEC. 3. CONSTRUCTION.

    (a) In General.--Nothing in this Act or the amendments made by this 
Act shall be construed to imply that the dispensing or distribution of 
a controlled substance before the date of enactment of this Act for the 
purpose of causing, or assisting in causing, the suicide or euthanasia 
of any individual is or is not a violation of the Controlled Substances 
Act (21 U.S.C. 801 et seq.).
    (b) Incorporated Definitions.--In this section, the terms 
``controlled substance'', ``dispense'', and ``distribute'' have the 
meanings given those terms in section 102 of the Controlled Substances 
Act (21 U.S.C. 802).
                                     





105th CONGRESS

  2d Session

                               H. R. 4006

                      [Report No. 105-683, Part I]

_______________________________________________________________________

                                 A BILL

To clarify Federal law to prohibit the dispensing or distribution of a 
   controlled substance for the purpose of causing, or assisting in 
         causing, the suicide or euthanasia of any individual.