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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5202 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5202

To amend the Controlled Substances Act to provide for the delivery of a 
  controlled substance by a pharmacy to an administering practitioner.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2018

Mr. Costello of Pennsylvania (for himself and Mr. Nolan) 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 provide for the delivery of a 
  controlled substance by a pharmacy to an administering practitioner.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Patient Access to Substance 
Use Disorder Treatments Act of 2018''.

SEC. 2. DELIVERY OF A CONTROLLED SUBSTANCE BY A PHARMACY TO BE 
              ADMINISTERED BY INJECTION, IMPLANTATION, OR INTRATHECAL 
              PUMP.

    (a) In General.--The Controlled Substances Act is amended by 
inserting after section 309 (21 U.S.C. 829) the following:

``delivery of a controlled substance by a pharmacy to an administering 
                              practitioner

    ``Sec. 309A.  (a) In General.--Notwithstanding section 102(10), a 
pharmacy may deliver (pursuant to a registration under subsection (f) 
or (g) of section 303, as applicable) a controlled substance to a 
practitioner in accordance with a prescription that meets the 
requirements of this title and the regulations issued by the Attorney 
General under this title, for the purpose of administering of the 
controlled substance by the practitioner if--
            ``(1) the controlled substance is delivered by the pharmacy 
        to the prescribing practitioner or the practitioner 
        administering the controlled substance, as applicable, at the 
        location listed on the practitioner's certificate of 
        registration issued under this title;
            ``(2)(A) in the case of administering of the controlled 
        substance for the purpose of maintenance or detoxification 
        treatment under section 303(g)(2)--
                    ``(i) the practitioner who issued the prescription 
                is a qualifying practitioner authorized under, and 
                acting within the scope of, that section; and
                    ``(ii) the controlled substance is to be 
                administered by injection or implantation; or
            ``(B) in the case of administering of the controlled 
        substance for a purpose other than maintenance or 
        detoxification treatment, the controlled substance is to be 
        administered by a practitioner through use of an intrathecal 
        pump;
            ``(3) the pharmacy and the practitioner are authorized to 
        conduct the activities specified in this section under the law 
        of the State in which such activities take place;
            ``(4) the prescription is not issued to supply any 
        practitioner with a stock of controlled substances for the 
        purpose of general dispensing to patients;
            ``(5) except as provided in subsection (b), the controlled 
        substance is to be administered only to the patient named on 
        the prescription not later than 14 days after the date of 
        receipt of the controlled substance by the practitioner; and
            ``(6) notwithstanding any exceptions under section 307, the 
        prescribing practitioner, and the practitioner administering 
        the controlled substance, as applicable, maintain complete and 
        accurate records of all controlled substances delivered, 
        received, administered, or otherwise disposed of under this 
        section, including the persons to whom controlled substances 
        were delivered and such other information as may be required by 
        regulations of the Attorney General.
    ``(b) Modification of Number of Days Before Which Controlled 
Substance Shall Be Administered.--
            ``(1) Initial 2-year period.--During the 2-year period 
        beginning on the date of enactment of this section, the 
        Attorney General, in coordination with the Secretary, may 
        reduce the number of days described in subsection (a)(5) if the 
        Attorney General determines that such reduction will--
                    ``(A) reduce the risk of diversion; or
                    ``(B) protect the public health.
            ``(2) Modifications after submission of report.--After the 
        date on which the report described in subsection (c) is 
        submitted, the Attorney General, in coordination with the 
        Secretary, may modify the number of days described in 
        subsection (a)(5).
            ``(3) Minimum number of days.--A modification under this 
        subsection may not modify the number of days specified in 
        subsection (a)(5) to fewer than 7.''.
    (b) Study and Report.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study and submit to Congress a report on access to and 
potential diversion of controlled substances administered by injection, 
implantation, or through the use of an intrathecal pump.
    (c) Technical and Conforming Amendment.--The table of contents for 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 is 
amended by inserting after the item relating to section 309 the 
following:

``Sec. 309A. Delivery of a controlled substance by a pharmacy to an 
                            administering practitioner.''.
                                 <all>
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