Harm Reduction Through Community Engagement Act of 2023

Subjects: Health


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2804 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2804

To amend the Controlled Substances Act with respect to the registration 
    of opioid treatment programs to increase stakeholder input from 
relevant communities and to ensure such programs are treating patients 
                    in need, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2023

Mr. Espaillat 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 with respect to the registration 
    of opioid treatment programs to increase stakeholder input from 
relevant communities and to ensure such programs are treating patients 
                    in need, and for other purposes.

    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 ``Harm Reduction Through Community 
Engagement Act of 2023''.

SEC. 2. OPIOID TREATMENT PROGRAM REGISTRATION REQUIREMENTS.

    (a) In General.--Paragraph (1) of section 303(h) of the Controlled 
Substances Act (21 U.S.C. 823(h)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(D) if the Secretary determines that--
                    ``(i) the applicant will address community impacts 
                in accordance with paragraph (3);
                    ``(ii) the treatment will not be provided within 
                one-half mile of a public or private licensed day care 
                center, a public or private elementary or secondary 
                school, a learning center, a playground, or another 
                drug treatment facility or program;
                    ``(iii) the applicant justifies patient need for 
                the treatment in the community involved;
                    ``(iv) the applicant will actively promote the use 
                of telehealth so as to minimize the need for patients 
                to physically appear for treatment;
                    ``(v) the applicant will designate a community 
                liaison responsible for developing and maintaining 
                cooperative relationships with local elected officials, 
                local law enforcement, and local community-based 
                organizations including nonprofit organizations that 
                provide social services;
                    ``(vi) the applicant will work with a customer 
                relationship management system of the local government 
                (or establish and operate a customer relationship 
                management system if none exists) to track and report 
                data on the number of service requests received by such 
                system pertaining to drug abuse and treatment in the 
                community involved; and
                    ``(vii) the applicant will report to the Secretary 
                treatment performance measurement data, including data 
                concerning--
                            ``(I) how many patients seek effective 
                        long-term addiction treatment; and
                            ``(II) the effectiveness of the use of 
                        telehealth in patient treatment plans, 
                        including how many patients are using 
                        telehealth and the outcomes or progress of such 
                        patients.''.
    (b) Community Impact Consideration.--Section 303(h) of the 
Controlled Substances Act (21 U.S.C. 823(h)) is amended by adding at 
the end the following:
    ``(3) Community Impact Consideration.--For purposes of being 
determined to be qualified under paragraph (1)(A), a practitioner 
seeking to become registered or maintain registration under paragraph 
(1) to dispense narcotic drugs to individuals for maintenance treatment 
or detoxification treatment shall comply with each of the following:
            ``(A) The practitioner shall--
                    ``(i) conduct outreach to the community involved 
                concerning the practitioner's treatment program; and
                    ``(ii) in conducting such outreach, give notice to 
                community stakeholders including community boards, 
                tenant associations, outpatient treatment centers, 
                health care providers, community-based nonprofit 
                organizations that provide opioid prevention and 
                treatment services, and such other community 
                stakeholders as may be determined by the Secretary.
            ``(B) The practitioner--
                    ``(i) shall develop and implement a neighborhood 
                engagement plan that outlines the practitioner's 
                engagement with stakeholders referred to in 
                subparagraph (A)(ii) in the geographic location in 
                which the opioid treatment program is located; and
                    ``(ii) may include in such plan a description of 
                the practitioner's engagement with stakeholders, 
                including homeowners associations, school 
                administrators, neighboring businesses, community 
                organizations, local councils, and law enforcement 
                agencies.
            ``(C) The practitioner shall--
                    ``(i) establish and maintain a community advisory 
                board; and
                    ``(ii) include in the membership of such board 
                volunteers from various stakeholder groups who 
                represent the positions of the community.
            ``(D) The practitioner--
                    ``(i) shall develop and implement a community 
                relations plan to measure and minimize the negative 
                impacts of the treatment program on the community; and
                    ``(ii) may include in such plan--
                            ``(I) policies and procedures to resolve 
                        community problems, including loitering and the 
                        blocking of pedestrian pathways;
                            ``(II) procedures to consider community 
                        input and impact; and
                            ``(III) a procedure to escalate and solve 
                        the quality-of-life issues in the surrounding 
                        blocks such as open air drug trading, uncapped 
                        needles disposed in public walkways, and open 
                        drug use.''.
    (c) Reporting to Congress.--Section 303(h) of the Controlled 
Substances Act (21 U.S.C. 823(h)), as amended, is further amended by 
adding at the end the following:
    ``(4) Reporting to Congress.--Not later than 1 year after the date 
of enactment of the Harm Reduction Through Community Engagement Act of 
2023, and annually thereafter, the Secretary shall submit to the 
Congress a comprehensive report on community engagement and the 
maintenance of clinics in connection with maintenance treatment or 
detoxification treatment provided pursuant to this subsection, 
including--
            ``(A) treatment performance measurement data;
            ``(B) guidance on best practices for sustaining community 
        engagement; and
            ``(C) policy recommendations for sustaining community 
        engagement.''.
                                 &lt;all&gt;
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