IIB 

117TH CONGRESS 

1ST SESSION H. R. 2355 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2021 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To facilitate responsible, informed dispensing of controlled 

substances and other prescribed medications, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Opioid Prescription 

3 Verification Act of 2021’’. 

4 SEC. 2. MATERIALS FOR TRAINING PHARMACISTS ON CER5 TAIN CIRCUMSTANCES UNDER WHICH A 

6 PHARMACIST MAY DECLINE TO FILL A PRE7 SCRIPTION. 

8 (a) UPDATES TO MATERIALS.—Section 3212(a) of 

9 the SUPPORT for Patients and Communities Act (21 

10 U.S.C. 829 note) is amended by striking ‘‘Not later than 

11 1 year after the date of enactment of this Act, the Sec12 retary of Health and Human Services, in consultation with 

13 the Administrator of the Drug Enforcement Administra14 tion, Commissioner of Food and Drugs, Director of the 

15 Centers for Disease Control and Prevention, and Assistant 

16 Secretary for Mental Health and Substance Use, shall de17 velop and disseminate’’ and inserting ‘‘The Secretary of 

18 Health and Human Services, in consultation with the Ad19 ministrator of the Drug Enforcement Administration, 

20 Commissioner of Food and Drugs, Director of the Centers 

21 for Disease Control and Prevention, and Assistant Sec22 retary for Mental Health and Substance Use, shall develop 

23 and disseminate not later than 1 year after the date of 

24 enactment of this Act, and update periodically thereafter’’. 


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1 (b) MATERIALS INCLUDED.—Section 3212(b) of the 

2 SUPPORT for Patients and Communities Act (21 U.S.C. 

3 829 note) is amended— 

4 (1) by redesignating paragraphs (1) and (2) as 

5 paragraphs (2) and (3), respectively; and 

6 (2) by inserting before paragraph (2), as so re7 designated, the following new paragraph: 

8 ‘‘(1) pharmacists on how to verify the identity 

9 of the patient;’’. 

10 (c) MATERIALS FOR TRAINING ON PATIENT

11 VERIFICATION .—Section 3212 of the SUPPORT for Pa12 tients and Communities Act (21 U.S.C. 829 note) is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(d) MATERIALS FOR TRAINING ON VERIFICATION

16 OF IDENTITY.—Not later than 1 year after the date of 

17 enactment of this subsection, the Secretary of Health and 

18 Human Services, after seeking stakeholder input in ac19 cordance with subsection (c), shall— 

20 ‘‘(1) update the materials developed under sub21 section (a) to include information for pharmacists on 

22 how to verify the identity the patient; and 

23 ‘‘(2) disseminate, as appropriate, the updated 

24 materials.’’. 


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1 SEC. 3. INCENTIVIZING STATES TO FACILITATE RESPON2 SIBLE, INFORMED DISPENSING OF CON3 TROLLED SUBSTANCES. 

4 (a) IN GENERAL.—Section 392A of the Public 

5 Health Service Act (42 U.S.C. 280b–1) is amended— 

6 (1) by redesignating subsections (c) and (d) as 

7 subsections (d) and (e), respectively; and 

8 (2) by inserting after subsection (b) the fol9 lowing new subsection: 

10 ‘‘(c) PREFERENCE.—In determining the amounts of 

11 grants awarded to States under subsections (a) and (b), 

12 the Director of the Centers for Disease Control and Pre13 vention may give preference to States in accordance with 

14 such criteria as the Director may specify and may choose 

15 to give preference to States that— 

16 ‘‘(1) maintain a prescription drug monitoring 

17 program; 

18 ‘‘(2) require prescribers of controlled substances 

19 in schedule II, III, or IV to issue such prescriptions 

20 electronically, and make such requirement subject to 

21 exceptions in the cases listed in section 1860D– 

22 4(e)(7)(B) of the Social Security Act; and 

23 ‘‘(3) require dispensers of such controlled sub24 stances to enter certain information about the pur25 chase of such controlled substances into the respecVerDate Sep 11 2014 03:14 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2355.RFS H2355

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1 tive State’s prescription drug monitoring program, 

2 including— 

3 ‘‘(A) the National Drug Code or, in the 

4 case of compounded medications, compound 

5 identifier; 

6 ‘‘(B) the quantity dispensed; 

7 ‘‘(C) the patient identifier; and 

8 ‘‘(D) the date filled.’’. 

9 (b) DEFINITIONS.—Subsection (d) of section 392A of 

10 the Public Health Service Act (42 U.S.C. 280b–1), as re11 designated by subsection (a)(1), is amended to read as fol12 lows: 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) CONTROLLED SUBSTANCE.—The term 

15 ‘controlled substance’ has the meaning given that 

16 term in section 102 of the Controlled Substances 

17 Act. 

18 ‘‘(2) DISPENSER.—The term ‘dispenser’ means 

19 a physician, pharmacist, or other person that dis20 penses a controlled substance to an ultimate user. 

21 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

22 has the meaning given that term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act.’’. 

Passed the House of Representatives December 8, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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