115TH CONGRESS 

2D SESSION S. 916 

AN ACT 

To amend the Controlled Substances Act to provide for the 

delivery of a controlled substance by a pharmacy to an 

administering practitioner. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 916 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ensuring Patient Ac3 cess to Substance Use Disorder Treatments Act of 2018’’. 

4 SEC. 2. DELIVERY OF A CONTROLLED SUBSTANCE BY A 

5 PHARMACY TO BE ADMINISTERED BY INJEC6 TION OR IMPLANTATION. 

7 (a) IN GENERAL.—The Controlled Substances Act is 

8 amended by inserting after section 309 (21 U.S.C. 829) 

9 the following: 

10 ‘‘DELIVERY OF A CONTROLLED SUBSTANCE BY A

11 PHARMACY TO AN ADMINISTERING PRACTITIONER

12 ‘‘SEC. 309A. (a) IN GENERAL.—Notwithstanding 

13 section 102(10), a pharmacy may deliver a controlled sub14 stance to a practitioner in accordance with a prescription 

15 that meets the requirements of this title and the regula16 tions issued by the Attorney General under this title, for 

17 the purpose of administering of the controlled substance 

18 by the practitioner if— 

19 ‘‘(1) the controlled substance is delivered by the 

20 pharmacy to the prescribing practitioner or the prac21 titioner administering the controlled substance, as 

22 applicable, at the location listed on the practitioner’s 

23 certificate of registration issued under this title; 

24 ‘‘(2) in the case of administering of the con25 trolled substance for the purpose of maintenance or 

26 detoxification treatment under section 303(g)(2)— 
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†S 916 ES

1 ‘‘(A) the practitioner who issued the pre2 scription is a qualifying practitioner authorized 

3 under, and acting within the scope of that sec4 tion; and 

5 ‘‘(B) the controlled substance is to be ad6 ministered by injection or implantation; 

7 ‘‘(3) the pharmacy and the practitioner are au8 thorized to conduct the activities specified in this 

9 section under the law of the State in which such ac10 tivities take place; 

11 ‘‘(4) the prescription is not issued to supply any 

12 practitioner with a stock of controlled substances for 

13 the purpose of general dispensing to patients; 

14 ‘‘(5) except as provided in subsection (b), the 

15 controlled substance is to be administered only to 

16 the patient named on the prescription not later than 

17 14 days after the date of receipt of the controlled 

18 substance by the practitioner; and 

19 ‘‘(6) notwithstanding any exceptions under sec20 tion 307, the prescribing practitioner, and the prac21 titioner administering the controlled substance, as 

22 applicable, maintain complete and accurate records 

23 of all controlled substances delivered, received, ad24 ministered, or otherwise disposed of under this sec25 tion, including the persons to whom controlled sub-
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1 stances were delivered and such other information as 

2 may be required by regulations of the Attorney Gen3 eral. 

4 ‘‘(b) MODIFICATION OF NUMBER OF DAYS BEFORE

5 WHICH CONTROLLED SUBSTANCE SHALL BE ADMINIS6 TERED.— 

7 ‘‘(1) INITIAL 2-YEAR PERIOD.—During the 2- 

8 year period beginning on the date of enactment of 

9 this section, the Attorney General, in coordination 

10 with the Secretary, may reduce the number of days 

11 described in subsection (a)(5) if the Attorney Gen12 eral determines that such reduction will— 

13 ‘‘(A) reduce the risk of diversion; or 

14 ‘‘(B) protect the public health. 

15 ‘‘(2) MODIFICATIONS AFTER SUBMISSION OF

16 REPORT.—After the date on which the report de17 scribed in subsection (c) is submitted, the Attorney 

18 General, in coordination with the Secretary, may 

19 modify the number of days described in subsection 

20 (a)(5). 

21 ‘‘(3) MINIMUM NUMBER OF DAYS.—Any modi22 fication under this subsection shall be for a period 

23 of not less than 7 days.’’. 

24 (b) STUDY AND REPORT.—Not later than 2 years 

25 after the date of enactment of this section, the Comp-
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1 troller General of the United States shall conduct a study 

2 and submit to Congress a report on access to and potential 

3 diversion of controlled substances administered by injec4 tion or implantation. 

5 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of contents for the Comprehensive Drug Abuse 

7 Prevention and Control Act of 1970 is amended by insert8 ing after the item relating to section 309 the following: 

‘‘Sec. 309A. Delivery of a controlled substance by a pharmacy to an administering practitioner.’’. 

Passed the Senate May 23, 2018. 

Attest: 

Secretary. 
115TH CONGRESS 

2D SESSION S. 916 

AN ACT 

To amend the Controlled Substances Act to provide 

pharmacy to an administering practitioner. for the delivery of a controlled substance by a