I 

117TH CONGRESS 

1ST SESSION H. R. 2355 

To facilitate responsible, informed dispensing of controlled substances and 

other prescribed medications, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2021 

Mr. RODNEY DAVIS of Illinois (for himself, Mr. BILIRAKIS, and Mrs. WAGNER) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Verification Act of 2021’’. 


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1 SEC. 2. MATERIALS FOR TRAINING PHARMACISTS ON CER2 TAIN CIRCUMSTANCES UNDER WHICH A 

3 PHARMACIST MAY DECLINE TO FILL A PRE4 SCRIPTION. 

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

6 the SUPPORT for Patients and Communities Act (Public 

7 Law 115–271) is amended by striking ‘‘Not later than 1 

8 year after the date of enactment of this Act, the Secretary 

9 of Health and Human Services, in consultation with the 

10 Administrator of the Drug Enforcement Administration, 

11 Commissioner of Food and Drugs, Director of the Centers 

12 for Disease Control and Prevention, and Assistant Sec13 retary for Mental Health and Substance Use, shall develop 

14 and disseminate’’ and inserting ‘‘The Secretary of Health 

15 and Human Services, in consultation with the Adminis16 trator of the Drug Enforcement Administration, Commis17 sioner of Food and Drugs, Director of the Centers for Dis18 ease Control and Prevention, and Assistant Secretary for 

19 Mental Health and Substance Use, shall develop and dis20 seminate not later than 1 year after the date of enactment 

21 of this Act, and update periodically thereafter’’. 

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

23 SUPPORT for Patients and Communities Act (Public 

24 Law 115–271) is amended— 

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

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


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1 (2) by inserting before paragraph (2), as so re2 designated, the following new paragraph: 

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

4 of individuals picking up prescriptions;’’. 

5 (c) MATERIALS FOR TRAINING ON VERIFICATION OF

6 IDENTITY.—Section 3212 of the SUPPORT for Patients 

7 and Communities Act (Public Law 115–271) is amended 

8 by adding at the end the following new subsection: 

9 ‘‘(d) MATERIALS FOR TRAINING ON VERIFICATION

10 OF IDENTITY OF INDIVIDUALS PICKING UP PRESCRIBED

11 MEDICATIONS.—Not later than 6 months after the date 

12 of enactment of this subsection, the Secretary of Health 

13 and Human Services, after seeking stakeholder input in 

14 accordance with subsection (c), shall— 

15 ‘‘(1) update the materials developed under sub16 section (a) to include information for pharmacists on 

17 how to verify the identity of individuals picking up 

18 prescribed medications; and 

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

20 materials.’’. 

21 SEC. 3. INCENTIVIZING STATES TO FACILITATE RESPON22 SIBLE, INFORMED DISPENSING OF CON23 TROLLED SUBSTANCES. 

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

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


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

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

3 (2) by inserting after subsection (b) the fol4 lowing new subsection: 

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

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

7 the Director of the Centers for Disease Control and Pre8 vention may give preference to States in accordance with 

9 such criteria as the Director may specify and may choose 

10 to give preference to States that— 

11 ‘‘(1) maintain a prescription drug monitoring 

12 program; 

13 ‘‘(2) require dispensers of controlled substances 

14 in schedule II, III, or IV to verify the identity of the 

15 person who picks up a prescribed medication by re16 quiring such person to present a photo identification 

17 card that is valid as determined by the respective 

18 State; and 

19 ‘‘(3) require dispensers of such controlled sub20 stances to enter certain information about the pur21 chase of such controlled substances into the respec22 tive State’s prescription drug monitoring program, 

23 including— 


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

2 case of compounded medications, compound 

3 identifier; 

4 ‘‘(B) the quantity dispensed; 

5 ‘‘(C) the name of the patient; 

6 ‘‘(D) the name of the ultimate user; 

7 ‘‘(E) the name of the person who picks up 

8 the controlled substance, if different from the 

9 patient and ultimate user; and 

10 ‘‘(F) the date filled.’’. 

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

12 the Public Health Service Act (42 U.S.C. 280b–1), as re13 designated by subsection (a)(1), is amended to read as fol14 lows: 

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

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

17 ‘controlled substance’ has the meaning given that 

18 term in section 102 of the Controlled Substances. 

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

20 a physician, pharmacist, or other person that dis21 penses a controlled substance to an ultimate user. 

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

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

24 Indian Self-Determination and Education Assistance 

25 Act. 


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1 ‘‘(4) STATE.—The term ‘State’ means each of 

2 the 50 States, the District of Columbia, and any 

3 commonwealth or territory of the United States. 

4 ‘‘(5) ULTIMATE USER.—The term ‘ultimate 

5 user’ means a person who has obtained from a dis6 penser, and who possesses, a controlled substance 

7 for the person’s own use, for the use of a member 

8 of the person’s household, or for the use of an ani9 mal.’’. 

Æ 


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