I 

115TH CONGRESS 

1ST SESSION H. R. 4275 

To provide for the development and dissemination of programs and materials 

for training pharmacists, health care providers, and patients on indicators 

that a prescription is fraudulent, forged, or otherwise indicative of abuse 

or diversion, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 7, 2017 

Mr. DESAULNIER (for himself and Mr. CARTER of Georgia) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To provide for the development and dissemination of programs and materials for training pharmacists, health 

care providers, and patients on indicators that a prescription is fraudulent, forged, or otherwise indicative of 

abuse or diversion, 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 ‘‘Empowering Phar5 macists in the Fight Against Opioid Abuse Act’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4275 IH

1 SEC. 2. PROGRAMS AND MATERIALS FOR TRAINING ON 

2 CERTAIN CIRCUMSTANCES UNDER WHICH A 

3 PHARMACIST MAY DECLINE TO FILL A PRE4 SCRIPTION. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator of the 

7 Drug Enforcement Administration, in consultation with 

8 the Secretary of Health and Human Services, the Com9 missioner of Food and Drugs, the Director of the Centers 

10 for Disease Control and Prevention, and the Assistant 

11 Secretary for Mental Health and Substance Use, shall de12 velop and disseminate programs and materials for training 

13 pharmacists, health care providers, and patients on— 

14 (1) circumstances under which a pharmacist 

15 may, consistent with section 201 of the Controlled 

16 Substances Act (21 U.S.C. 811) and regulations 

17 thereunder, including section 1306.04 of title 21, 

18 Code of Federal Regulations, decline to fill a pre19 scription for a controlled substance because the 

20 pharmacist suspects the prescription is fraudulent, 

21 forged, or otherwise indicative of abuse or diversion; 

22 and 

23 (2) any Federal requirements pertaining to de24 clining to fill a prescription under such circum25 stances. 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 4275 IH

1 (b) MATERIALS INCLUDED.—In developing materials 

2 under subsection (a), the Administrator of the Drug En3 forcement Administration shall include information edu4 cating— 

5 (1) pharmacists on how to decline to fill a pre6 scription and actions to take after declining to fill a 

7 prescription; and 

8 (2) other health care practitioners and the pub9 lic on a pharmacist’s responsibility to decline to fill 

10 prescriptions in certain circumstances. 

11 (c) STAKEHOLDER INPUT.—In developing the pro12 grams and materials required under subsection (a), the 

13 Administrator of the Drug Enforcement Administration 

14 shall seek input from relevant national, State, and local 

15 associations, boards of pharmacy, medical societies, licens16 ing boards, health care practitioners, and patients. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS