I 

112TH CONGRESS 

1ST SESSION H. R. 1266 

To amend the Controlled Substances Act to improve detection of the fraudulent abuse of prescriptions to obtain controlled substances in schedule 

II or III, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2011 

Mr. GRIMM introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To amend the Controlled Substances Act to improve detection of the fraudulent abuse of prescriptions to obtain 

controlled substances in schedule II or III, 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 ‘‘Fraudulent Prescrip5 tion Prevention Act of 2011’’. 


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1 SEC. 2. FRAUDULENT PRESCRIPTION PREVENTION. 

2 (a) IN GENERAL.—Section 303 of the Controlled 

3 Substances Act (21 U.S.C. 823) is amended by adding at 

4 the end the following: 

5 ‘‘(i) FRAUDULENT PRESCRIPTION PREVENTION.— 

6 ‘‘(1) REGISTRATION REQUIREMENT.—The At7 torney General may not register a practitioner to 

8 dispense, or conduct research with, a controlled sub9 stance in schedule II or III unless the practitioner 

10 agrees to comply with the requirements of this sub11 section. 

12 ‘‘(2) REPORTING APPLICABLE TO PRE13 SCRIBING.— 

14 ‘‘(A) IN GENERAL.—At the time of pre15 scribing a controlled substance in schedule II or 

16 III, a practitioner shall, by means of the web 

17 portal under paragraph (4), submit the fol18 lowing information to the Attorney General: 

19 ‘‘(i) The name, date of birth, and ad20 dress of the patient. 

21 ‘‘(ii) The date and time of the pre22 scription. 

23 ‘‘(iii) The name and amount of the 

24 substance prescribed. 

25 ‘‘(iv) The practitioner’s Drug Enforce26 ment Administration registration number. 


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1 ‘‘(v) The practitioner’s contact infor2 mation. 

3 ‘‘(vi) If applicable, the prescription 

4 pad number. 

5 ‘‘(B) EXCEPTIONS.— 

6 ‘‘(i) MEDICAL EMERGENCY SITUA7 TION.—Subparagraph (A) does not apply if 

8 the practitioner is prescribing a controlled 

9 substance in a medical emergency situa10 tion. 

11 ‘‘(ii) INCONVENIENCE.—If a practi12 tioner does not have access to the web por13 tal under paragraph (4) at the time of pre14 scribing a controlled substance, the practi15 tioner may make the submissions required 

16 by subparagraph (A) up to 7 days after 

17 the time of such prescribing. 

18 ‘‘(3) REPORTING APPLICABLE TO DIS19 PENSING.— 

20 ‘‘(A) IN GENERAL.—Before dispensing a 

21 controlled substance in schedule II or III, a 

22 practitioner shall, by means of the web portal 

23 under paragraph (4), submit the following in24 formation to the Attorney General: 


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1 ‘‘(i) Each item of information re2 quired to be reported under paragraph (2) 

3 in connection with prescribing the sub4 stance. 

5 ‘‘(ii) The name, date of birth, and ad6 dress of the purchaser of the substance. 

7 ‘‘(iii) The date and time of the dis8 pensing of the substance. 

9 ‘‘(iv) The name and amount of the 

10 substance being dispensed. 

11 ‘‘(v) Whether the dispensing con12 stitutes a refill of a prescription. 

13 ‘‘(vi) The practitioner’s Drug Enforce14 ment Administration registration number. 

15 ‘‘(vii) The practitioner’s contact infor16 mation. 

17 ‘‘(B) DECLINING TO DISPENSE.—At the 

18 time of declining to dispense a controlled sub19 stance in schedule II or III, a practitioner shall, 

20 by means of the web portal under paragraph 

21 (4), submit the following information to the At22 torney General: 

23 ‘‘(i) To the extent feasible, each item 

24 of information that would have been reVerDate Mar 15 2010 23:53 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1266.IH H1266

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1 quired to be reported under subparagraph 

2 (A) if the substance had been dispensed. 

3 ‘‘(ii) Any reason to suspect that the 

4 individual attempting to purchase the sub5 stance was acting pursuant to fraud. 

6 ‘‘(4) WEB PORTAL.—The Attorney General 

7 shall establish and maintain a web portal that— 

8 ‘‘(A) allows a practitioner to submit infor9 mation to the Attorney General in accordance 

10 with paragraph (2) or (3), as applicable; and 

11 ‘‘(B) at the time of such submission, com12 municates an alert to the practitioner if— 

13 ‘‘(i) the patient or purchaser has re14 peatedly refilled the same prescription or 

15 prescriptions for the same controlled sub16 stance; 

17 ‘‘(ii) the patient or purchaser has at18 tempted to obtain or fill the same prescrip19 tion or multiple prescriptions for the same 

20 controlled substance within the preceding 

21 30 days; 

22 ‘‘(iii) the patient or purchaser has a 

23 history of purchasing controlled substances 

24 in schedule II or III at multiple phar25 macies; 


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1 ‘‘(iv) the patient or purchaser has a 

2 history of purchasing such controlled sub3 stances in multiple States; 

4 ‘‘(v) the purchaser is attempting to 

5 purchase a controlled substance using a 

6 prescription pad number that has been re7 ported as missing or stolen; or 

8 ‘‘(vi) any other circumstance exists 

9 that, as determined by the Attorney Gen10 eral, indicates an increased possibility that 

11 the patient or purchaser is attempting to 

12 unlawfully divert or misuse a controlled 

13 substance. 

14 ‘‘(5) DATABASE.—The Attorney General shall 

15 establish and maintain a database containing the in16 formation reported under paragraphs (2) and (3). 

17 ‘‘(6) DISCLOSURE OF INFORMATION.—The At18 torney General may disclose the information re19 ported under paragraphs (2) and (3) only as follows: 

20 ‘‘(A) The Attorney General may make such 

21 disclosures as may be necessary in order to 

22 communicate alerts to practitioners under para23 graph (4)(B). 

24 ‘‘(B) The Attorney General may disclose 

25 information reported under paragraph (2) or 


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1 (3) to any local, State, or Federal law enforce2 ment, narcotics control, licensure, disciplinary, 

3 or program authority who certifies that the in4 formation is related to an individual investiga5 tion or proceeding involving the unlawful diver6 sion or misuse of a controlled substance in 

7 schedule II or III, and such information will 

8 further the purpose of the investigation or as9 sist in the proceeding. 

10 ‘‘(C) The Attorney General may, on re11 quest, disclose information reported under para12 graph (2) or (3), or any summary or analysis 

13 thereof, to any person or agency if— 

14 ‘‘(i) the information, summary, or 

15 analysis is not individually identifiable; and 

16 ‘‘(ii) the person or agency requesting 

17 the information, summary, or analysis pro18 vides satisfactory assurances that it will be 

19 used for research. 

20 ‘‘(7) FUNDING.—The only amounts authorized 

21 to be appropriated to carry out this subsection are 

22 amounts in the Diversion Control Fee Account es23 tablished by section 111(b) of the Departments of 

24 Commerce, Justice, and State, the Judiciary, and 


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1 Related Agencies Appropriations Act, 1993 (Public 

2 Law 102–395).’’. 

3 (b) APPLICABILITY DATE.—Paragraphs (1), (2), and 

4 (3) of section 303(i) of the Controlled Substances Act, as 

5 added by subsection (a), apply beginning on the date on 

6 which the Attorney General publishes in the Federal Reg7 ister a determination that the web portal and database 

8 required by paragraphs (4) and (5) of such section are 

9 fully operational. 

Æ 


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