PUBLIC LAW 115–83—NOV. 17, 2017 131 STAT. 1267 

Public Law 115–83 

115th Congress 

An Act 

To amend the Controlled Substances Act with regard to the provision of emergency 

medical services. 

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 ‘‘Protecting Patient Access to 

Emergency Medications Act of 2017’’. 

SEC. 2. EMERGENCY MEDICAL SERVICES. 

Section 303 of the Controlled Substances Act (21 U.S.C. 823) 

is amended— 

(1) by redesignating subsection (j) as subsection (k); and 

(2) by inserting after subsection (i) the following: 

‘‘(j) EMERGENCY MEDICAL SERVICES THAT ADMINISTER CONTROLLED SUBSTANCES.— 

‘‘(1) REGISTRATION.—For the purpose of enabling emergency 

medical services professionals to administer controlled substances in schedule II, III, IV, or V to ultimate users receiving 

emergency medical services in accordance with the requirements of this subsection, the Attorney General— 

‘‘(A) shall register an emergency medical services 

agency if the agency submits an application demonstrating 

it is authorized to conduct such activity under the laws 

of each State in which the agency practices; and 

‘‘(B) may deny an application for such registration 

if the Attorney General determines that the issuance of 

such registration would be inconsistent with the requirements of this subsection or the public interest based on 

the factors listed in subsection (f). 

‘‘(2) OPTION FOR SINGLE REGISTRATION.—In registering an 

emergency medical services agency pursuant to paragraph (1), 

the Attorney General shall allow such agency the option of 

a single registration in each State where the agency administers 

controlled substances in lieu of requiring a separate registration 

for each location of the emergency medical services agency. 

‘‘(3) HOSPITAL-BASED AGENCY.—If a hospital-based emergency medical services agency is registered under subsection 

(f), the agency may use the registration of the hospital to 

administer controlled substances in accordance with this subsection without being registered under this subsection. 

‘‘(4) ADMINISTRATION OUTSIDE PHYSICAL PRESENCE OF MEDICAL DIRECTOR OR AUTHORIZING MEDICAL PROFESSIONAL.—Emergency medical services professionals of a registered emergency 

Protecting 

Patient Access to 

Emergency 

Medications Act 

of 2017. 

21 USC 801 note. 

Nov. 17, 2017 

[H.R. 304] 

131 STAT. 1268 PUBLIC LAW 115–83—NOV. 17, 2017 

medical services agency may administer controlled substances 

in schedule II, III, IV, or V outside the physical presence 

of a medical director or authorizing medical professional in 

the course of providing emergency medical services if the 

administration is— 

‘‘(A) authorized by the law of the State in which it 

occurs; and 

‘‘(B) pursuant to— 

‘‘(i) a standing order that is issued and adopted 

by one or more medical directors of the agency, 

including any such order that may be developed by 

a specific State authority; or 

‘‘(ii) a verbal order that is— 

‘‘(I) issued in accordance with a policy of the 

agency; and 

‘‘(II) provided by a medical director or authorizing medical professional in response to a request 

by the emergency medical services professional 

with respect to a specific patient— 

‘‘(aa) in the case of a mass casualty 

incident; or 

‘‘(bb) to ensure the proper care and treatment of a specific patient. 

‘‘(5) DELIVERY.—A registered emergency medical services 

agency may deliver controlled substances from a registered 

location of the agency to an unregistered location of the agency 

only if the agency— 

‘‘(A) designates the unregistered location for such 

delivery; and 

‘‘(B) notifies the Attorney General at least 30 days 

prior to first delivering controlled substances to the unregistered location. 

‘‘(6) STORAGE.—A registered emergency medical services 

agency may store controlled substances— 

‘‘(A) at a registered location of the agency; 

‘‘(B) at any designated location of the agency or in 

an emergency services vehicle situated at a registered or 

designated location of the agency; or 

‘‘(C) in an emergency medical services vehicle used 

by the agency that is— 

‘‘(i) traveling from, or returning to, a registered 

or designated location of the agency in the course of 

responding to an emergency; or 

‘‘(ii) otherwise actively in use by the agency under 

circumstances that provide for security of the controlled 

substances consistent with the requirements established by regulations of the Attorney General. 

‘‘(7) NO TREATMENT AS DISTRIBUTION.—The delivery of controlled substances by a registered emergency medical services 

agency pursuant to this subsection shall not be treated as 

distribution for purposes of section 308. 

‘‘(8) RESTOCKING OF EMERGENCY MEDICAL SERVICES

VEHICLES AT A HOSPITAL.—Notwithstanding paragraph (13)(J), 

a registered emergency medical services agency may receive 

controlled substances from a hospital for purposes of restocking 

an emergency medical services vehicle following an emergency 

Records. 

Notification. 

Time period. 

PUBLIC LAW 115–83—NOV. 17, 2017 131 STAT. 1269 

response, and without being subject to the requirements of 

section 308, provided all of the following conditions are satisfied: 

‘‘(A) The registered or designated location of the agency 

where the vehicle is primarily situated maintains a record 

of such receipt in accordance with paragraph (9). 

‘‘(B) The hospital maintains a record of such delivery 

to the agency in accordance with section 307. 

‘‘(C) If the vehicle is primarily situated at a designated 

location, such location notifies the registered location of 

the agency within 72 hours of the vehicle receiving the 

controlled substances. 

‘‘(9) MAINTENANCE OF RECORDS.— ‘‘(A) IN GENERAL.—A registered emergency medical 

services agency shall maintain records in accordance with 

subsections (a) and (b) of section 307 of all controlled substances that are received, administered, or otherwise disposed of pursuant to the agency’s registration, without 

regard to subsection 307(c)(1)(B). 

‘‘(B) REQUIREMENTS.—Such records— 

‘‘(i) shall include records of deliveries of controlled 

substances between all locations of the agency; and 

‘‘(ii) shall be maintained, whether electronically 

or otherwise, at each registered and designated location 

of the agency where the controlled substances involved 

are received, administered, or otherwise disposed of. 

‘‘(10) OTHER REQUIREMENTS.—A registered emergency medical services agency, under the supervision of a medical director, 

shall be responsible for ensuring that— 

‘‘(A) all emergency medical services professionals who 

administer controlled substances using the agency’s registration act in accordance with the requirements of this 

subsection; 

‘‘(B) the recordkeeping requirements of paragraph (9) 

are met with respect to a registered location and each 

designated location of the agency; 

‘‘(C) the applicable physical security requirements 

established by regulation of the Attorney General are complied with wherever controlled substances are stored by 

the agency in accordance with paragraph (6); and 

‘‘(D) the agency maintains, at a registered location 

of the agency, a record of the standing orders issued or 

adopted in accordance with paragraph (9). 

‘‘(11) REGULATIONS.—The Attorney General may issue regulations— 

‘‘(A) specifying, with regard to delivery of controlled 

substances under paragraph (5)— 

‘‘(i) the types of locations that may be designated 

under such paragraph; and 

‘‘(ii) the manner in which a notification under paragraph (5)(B) must be made; 

‘‘(B) specifying, with regard to the storage of controlled 

substances under paragraph (6), the manner in which such 

substances must be stored at registered and designated 

locations, including in emergency medical service vehicles; 

and 

‘‘(C) addressing the ability of hospitals, emergency medical services agencies, registered locations, and designated 

Notification. 

Deadline. 

131 STAT. 1270 PUBLIC LAW 115–83—NOV. 17, 2017 

locations to deliver controlled substances to each other 

in the event of— 

‘‘(i) shortages of such substances; 

‘‘(ii) a public health emergency; or 

‘‘(iii) a mass casualty event. 

‘‘(12) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed— 

‘‘(A) to limit the authority vested in the Attorney General by other provisions of this title to take measures 

to prevent diversion of controlled substances; or 

‘‘(B) to override the authority of any State to regulate 

the provision of emergency medical services consistent with 

this subsection. 

‘‘(13) DEFINITIONS.—In this section: 

‘‘(A) The term ‘authorizing medical professional’ means 

an emergency or other physician, or another medical professional (including an advanced practice registered nurse 

or physician assistant)— 

‘‘(i) who is registered under this Act; 

‘‘(ii) who is acting within the scope of the registration; and 

‘‘(iii) whose scope of practice under a State license 

or certification includes the ability to provide verbal 

orders. 

‘‘(B) The term ‘designated location’ means a location 

designated by an emergency medical services agency under 

paragraph (5). 

‘‘(C) The term ‘emergency medical services’ means 

emergency medical response and emergency mobile medical 

services provided outside of a fixed medical facility. 

‘‘(D) The term ‘emergency medical services agency’ 

means an organization providing emergency medical services, including such an organization that— 

‘‘(i) is governmental (including fire-based and hospital-based agencies), nongovernmental (including hospital-based agencies), private, or volunteer-based; 

‘‘(ii) provides emergency medical services by 

ground, air, or otherwise; and 

‘‘(iii) is authorized by the State in which the 

organization is providing such services to provide emergency medical care, including the administering of controlled substances, to members of the general public 

on an emergency basis. 

‘‘(E) The term ‘emergency medical services professional’ 

means a health care professional (including a nurse, paramedic, or emergency medical technician) licensed or certified by the State in which the professional practices and 

credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services within the scope of the professional’s State 

license or certification. 

‘‘(F) The term ‘emergency medical services vehicle’ 

means an ambulance, fire apparatus, supervisor truck, or 

other vehicle used by an emergency medical services agency 

for the purpose of providing or facilitating emergency medical care and transport or transporting controlled substances to and from the registered and designated locations. 

PUBLIC LAW 115–83—NOV. 17, 2017 131 STAT. 1271 

LEGISLATIVE HISTORY—H.R. 304: 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

Jan. 9, considered and passed House. 

Oct. 24, considered and passed Senate, amended. 

Nov. 2, House concurred in Senate amendment. 

Æ 

‘‘(G) The term ‘hospital-based’ means, with respect to 

an agency, owned or operated by a hospital. 

‘‘(H) The term ‘medical director’ means a physician 

who is registered under subsection (f) and provides medical 

oversight for an emergency medical services agency. 

‘‘(I) The term ‘medical oversight’ means supervision 

of the provision of medical care by an emergency medical 

services agency. 

‘‘(J) The term ‘registered emergency medical services 

agency’ means— 

‘‘(i) an emergency medical services agency that 

is registered pursuant to this subsection; or 

‘‘(ii) a hospital-based emergency medical services 

agency that is covered by the registration of the hospital under subsection (f). 

‘‘(K) The term ‘registered location’ means a location 

that appears on the certificate of registration issued to 

an emergency medical services agency under this subsection or subsection (f), which shall be where the agency 

receives controlled substances from distributors. 

‘‘(L) The term ‘specific State authority’ means a governmental agency or other such authority, including a regional 

oversight and coordinating body, that, pursuant to State 

law or regulation, develops clinical protocols regarding the 

delivery of emergency medical services in the geographic 

jurisdiction of such agency or authority within the State 

that may be adopted by medical directors. 

‘‘(M) The term ‘standing order’ means a written medical 

protocol in which a medical director determines in advance 

the medical criteria that must be met before administering 

controlled substances to individuals in need of emergency 

medical services. 

‘‘(N) The term ‘verbal order’ means an oral directive 

that is given through any method of communication 

including by radio or telephone, directly to an emergency 

medical services professional, to contemporaneously administer a controlled substance to individuals in need of emergency medical services outside the physical presence of 

the medical director or authorizing medical professional.’’. 

Approved November 17, 2017.