II 

117TH CONGRESS 

2D SESSION S. 4794 

To amend the Public Health Service Act with respect to opioid overdose 

reversal medication access, education, and co-prescribing grant programs, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2022 

Ms. BALDWIN introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act with respect to 

opioid overdose reversal medication access, education, 

and co-prescribing grant programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Naloxone Education 

5 and Access Act’’. 


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1 SEC. 2. OPIOID OVERDOSE REVERSAL MEDICATION AC2 CESS, EDUCATION, AND CO-PRESCRIBING 

3 GRANT PROGRAMS. 

4 Section 545 of the Public Health Service Act (42 

5 U.S.C. 290ee) is amended— 

6 (1) in the section heading, by striking ‘‘AC7 CESS AND EDUCATION’’ and inserting ‘‘ACCESS, 

8 EDUCATION, AND CO-PRESCRIBING’’; 

9 (2) in subsection (a)— 

10 (A) in the subsection heading, by striking 

11 ‘‘TO STATES’’; 

12 (B) in the matter preceding paragraph (1), 

13 by striking ‘‘States’’ and inserting ‘‘eligible en14 tities’’; 

15 (C) in paragraph (1), by striking ‘‘for 

16 pharmacists to dispense a drug or device ap17 proved or cleared’’ and inserting ‘‘that increase 

18 access to drugs and devices approved, cleared, 

19 or otherwise legally marketed’’; 

20 (D) by redesignating paragraphs (3) and 

21 (4) as paragraphs (5) and (6), respectively; 

22 (E) by inserting after paragraph (2) the 

23 following: 

24 ‘‘(3) encourage health care providers to co-pre25 scribe, as appropriate, drugs or devices approved, 

26 cleared, or otherwise legally marketed under the 


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1 Federal Food, Drug, and Cosmetic Act for emer2 gency treatment of known or suspected opioid over3 dose; 

4 ‘‘(4) support innovative community-based dis5 tribution programs of drugs or devices approved, 

6 cleared, or otherwise legally marketed under the 

7 Federal Food, Drug, and Cosmetic Act for emer8 gency treatment of known or suspected opioid over9 dose;’’; 

10 (F) in paragraphs (5) and (6), as so redes11 ignated, by striking ‘‘approved or cleared’’ each 

12 place it appears and inserting ‘‘approved, 

13 cleared, or otherwise legally marketed’’; 

14 (3) in subsection (b)— 

15 (A) by striking ‘‘State’’ and inserting ‘‘eli16 gible entity’’; and 

17 (B) by striking ‘‘approved or cleared’’ and 

18 inserting ‘‘approved, cleared, or otherwise le19 gally marketed’’; 

20 (4) in subsection (c)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘States’’ and inserting ‘‘eligible en23 tities’’; and 


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1 (B) by striking ‘‘approved or cleared’’ each 

2 place it appears and inserting ‘‘approved, 

3 cleared, or otherwise legally marketed’’; 

4 (5) in subsection (d)— 

5 (A) in paragraph (1), by striking ‘‘A 

6 State’’ and inserting ‘‘An eligible entity’’; 

7 (B) in paragraph (2), by striking ‘‘3’’ and 

8 inserting ‘‘5’’; and 

9 (C) by amending paragraph (3) to read as 

10 follows: 

11 ‘‘(3) LIMITATION.—An eligible entity may 

12 use— 

13 ‘‘(A) not more than 10 percent of a grant 

14 under this section for educating the public pur15 suant to subsection (a)(6); and 

16 ‘‘(B) not less than 20 percent of a grant 

17 under this section to offset cost-sharing for dis18 tribution and dispensing of drugs or devices ap19 proved, cleared, or otherwise legally marketed 

20 under the Federal Food, Drug, and Cosmetic 

21 Act for emergency treatment of known or sus22 pected opioid overdose.’’; 

23 (6) in subsection (e), by striking ‘‘a State’’ and 

24 inserting ‘‘an eligible entity’’; 

25 (7) in subsection (f)— 


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1 (A) by striking ‘‘A State’’ and inserting 

2 ‘‘An eligible entity’’; 

3 (B) by striking ‘‘in the State’’ and insert4 ing ‘‘in the jurisdiction of the eligible entity’’; 

5 and 

6 (C) by striking ‘‘approved or cleared’’ and 

7 inserting ‘‘approved, cleared, or otherwise le8 gally marketed’’; 

9 (8) by amending subsection (g) to read as fol10 lows: 

11 ‘‘(g) DEFINITIONS.—In this section: 

12 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en13 tity’ means a State, locality, Indian Tribe, Tribal or14 ganization, or Urban Indian organization. 

15 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 

16 has the meaning given the term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act. 

19 ‘‘(3) STANDING ORDER.—The term ‘standing 

20 order’ means a document prepared by a person au21 thorized to prescribe medication that permits an22 other person to acquire, dispense, or administer 

23 medication without a person-specific prescription. 

24 ‘‘(4) TRIBAL ORGANIZATION.—The term ‘Tribal 

25 organization’ has the meaning given the term in secVerDate Sep 11 2014 22:47 Sep 07, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4794.IS S4794

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1 tion 4 of the Indian Self-Determination and Edu2 cation Assistance Act. 

3 ‘‘(5) URBAN INDIAN ORGANIZATION.—The term 

4 ‘Urban Indian organization’ has the meaning given 

5 the term in section 4 of the Indian Health Care Im6 provement Act.’’; and 

7 (9) in subsection (h)(1)— 

8 (A) by striking ‘‘$5,000,000’’ and inserting 

9 ‘‘$10,000,000’’; and 

10 (B) by striking ‘‘2017 through 2019’’ and 

11 inserting ‘‘2023 through 2027’’. 

Æ 


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