Mainstreaming Addiction Treatment Act of 2021

To amend section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) 1. Short title This Act may be cited as the Mainstreaming Addiction Treatment Act of 2021 2. Eliminating separate registration requirement for dispensing narcotic drugs in schedule III, IV, and V for maintenance or detoxification treatment (a) In general Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 (1) by striking paragraph (2) of subsection (g); and (2) in subsection (g), as amended— (A) by striking (g)(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment (g) Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (C) in paragraph (2), as redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (b) Conforming changes (1) Subsections (a) and (d)(1) of section 304 of the Controlled Substances Act ( 21 U.S.C. 824 303(g)(1) 303(g) (2) Section 309A(a)(2) of the Controlled Substances Act ( 21 U.S.C. 829a (A) in the matter preceding subparagraph (A), by striking the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 303(g)(2) the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment (B) by striking and— is to be administered by injection or implantation; and is to be administered by injection or implantation; (3) Section 520E–4(c) of the Public Health Service Act (42 U.S.C. 290bb–36d(c)) is amended by striking information on any qualified practitioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment (4) Section 544(a)(3) of the Public Health Service Act ( 42 U.S.C. 290dd–3 any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment (5) Section 1833(bb)(3)(B) of the Social Security Act ( 42 U.S.C. 1395l(bb)(3)(B) first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019 first begins prescribing narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment on or after January 1, 2021 (6) Section 1834(o)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395m(o)(3)(C)(ii) first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019 first begins prescribing narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment on or after January 1, 2021 (7) Section 1866F(c)(3) of the Social Security Act ( 42 U.S.C. 1395cc–6(c)(3) (A) in subparagraph (A), by inserting and (B) in subparagraph (B), by striking ; and (C) by striking subparagraph (C). (8) Section 1903(aa)(2)(C) of the Social Security Act ( 42 U.S.C. 1396b(aa)(2)(C) (A) in clause (i), by inserting and (B) by striking clause (ii). 3. National education campaign (a) In general The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall conduct a national campaign to educate practitioners with respect to the elimination of the separate registration requirement under section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) (b) Required components The national education campaign under subsection (a) shall— (1) encourage practitioners to integrate substance use treatment into their practices; and (2) include education on publicly available educational resources and training modules that can assist practitioners in treating patients with a substance use disorder. 4. Community health aides and community health practitioners (a) Practice of telemedicine Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (1) in paragraph (54)(A), by striking clause (i) and inserting the following: (i) while the patient is— (I) being treated by, and physically located in, a hospital or clinic registered under section 303(f); or (II) for purposes of section 302(h), being treated by a community health aide or community health practitioner; and ; (2) by redesignating paragraph (58) as paragraph (59); (3) by redesignating the second paragraph designated as paragraph (57) as paragraph (58); (4) by moving paragraphs (57), (58) (as so redesignated), and (59) (as so redesignated) 2 ems to the left; and (5) by adding at the end the following: (60) The terms community health aide community health practitioner 25 U.S.C. 1616l . (b) Dispensation of narcotic drugs in schedule III, IV, or V Section 302 of the Controlled Substances Act ( 21 U.S.C. 822 (h) Dispensation of narcotic drugs in schedule III, IV, or V by certain practitioners (1) In general Notwithstanding subsection (a)(2), a community health aide or community health practitioner may dispense a narcotic drug in schedule III, IV, or V, such as buprenorphine, or a combination of such drugs, to an individual for maintenance treatment or detoxification treatment (or both) without being registered under this title if the drug is prescribed by a practitioner through the practice of telemedicine. (2) Preemption Notwithstanding section 708, a State may not require a community health aide or community health practitioner to be licensed by the State in order to dispense narcotic drugs in accordance with paragraph (1) of this subsection. .

Summary: Mainstreaming Addiction Treatment Act of 2021 This bill removes the requirement that a health care practitioner apply for a separate waiver through the Drug Enforcement Administration (DEA) to dispense certain narcotic drugs (e.g., buprenorphine) for maintenance or detoxification treatment (i.e., substance use disorder treatment). Further, a community health aide or community health practitioner may dispense certain narcotic drugs for maintenance or detoxification treatment without registering with the DEA if the drug is prescribed by a health care practitioner through telemedicine. It preempts state laws related to licensure for this activity. The bill also directs the Substance Abuse and Mental Health Services Administration to conduct a national campaign to educate health care practitioners and encourage them to integrate substance use disorder treatment into their practices.