SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Patient Ac-
cess to Emergency Medications Act of 2016’’. 
SEC. 2. EMERGENCY MEDICAL SERVICES. 
Section 303 of the Controlled Substances Act (21 
U.S.C. 821 et seq.) is amended— 
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) EMERGENCY MEDICAL SERVICES THAT ADMIN-
ISTER CONTROLLED SUBSTANCES.— 
‘‘(1) REGISTRATION.—For the purpose of ena-
bling emergency medical services professionals to ad-
minister controlled substances in schedule II, III, 
IV, or V to ultimate users receiving emergency med-
ical services in accordance with the requirements of 
this subsection, the Attorney General— 
‘‘(A) shall register an emergency medical 
services agency if the agency submits an appli-
cation demonstrating it is authorized to conduct 
such activity under the laws of each State in 
which the agency practices; and 
‘‘(B) may deny an application for such reg-
istration if the Attorney General determines 
that the issuance of such registration would be
inconsistent with the requirements of this sub-
section or the public interest based on the fac-
tors listed in subsection (f). 
‘‘(2) OPTION FOR SINGLE REGISTRATION.—In 
registering an emergency medical services agency 
pursuant to paragraph (1), the Attorney General 
shall allow such agency the option of a single reg-
istration in each State where the agency administers 
controlled substances in lieu of requiring a separate 
registration for each location of the emergency med-
ical services agency. 
‘‘(3) HOSPITAL-BASED AGENCY.—If a hospital- 
based emergency medical services agency is reg-
istered under subsection (f), the agency may use the 
registration of the hospital to administer controlled 
substances in accordance with this subsection with-
out being registered under this subsection. 
‘‘(4) 
ADMINISTRATION
OUTSIDE
PHYSICAL 
PRESENCE OF MEDICAL DIRECTOR OR AUTHORIZING 
MEDICAL PROFESSIONAL.—Emergency medical serv-
ices professionals of a registered emergency medical 
services agency may administer controlled sub-
stances in schedule II, III, IV, or V outside the 
physical presence of a medical director or author-
izing medical professional in the course of providing
emergency medical services if the administration 
is— 
‘‘(A) authorized by the law of the State in 
which it occurs; and 
‘‘(B) pursuant to— 
‘‘(i) a standing order that is issued 
and adopted by one or more medical direc-
tors of the agency, including any such 
order that may be developed by a specific 
State authority; or 
‘‘(ii) a verbal order that is— 
‘‘(I) issued in accordance with a 
policy of the agency; 
‘‘(II) provided by an authorizing 
medical professional in response to a 
request by the emergency medical 
services professional with respect to a 
specific patient; 
‘‘(III) in the case of a mass cas-
ualty incident; or 
‘‘(IV) to ensure the proper care 
and treatment of a specific patient. 
‘‘(5) DELIVERY.—A registered emergency med-
ical services agency may deliver controlled sub-
stances from a registered location of the agency to 
an unregistered location of the agency only if— 
‘‘(A) the agency designates the unregis-
tered location for such delivery; and 
‘‘(B) notifies the Attorney General at least 
30 days prior to first delivering controlled sub-
stances to the unregistered location. 
‘‘(6) STORAGE.—A registered emergency med-
ical services agency may store controlled sub-
stances— 
‘‘(A) at a registered location of the agency; 
‘‘(B) at any designated location of the 
agency or in an emergency services vehicle situ-
ated at a registered or designated location of 
the agency; or 
‘‘(C) in an emergency medical services ve-
hicle used by the agency that is— 
‘‘(i) traveling from, or returning to, a 
registered or designated location of the 
agency in the course of responding to an 
emergency; or 
‘‘(ii) otherwise actively in use by the 
agency. 
‘‘(7) NO TREATMENT AS DISTRIBUTION.—The 
delivery of controlled substances by a registered
emergency medical services agency pursuant to this 
subsection shall not be treated as distribution for 
purposes of section 308. 
‘‘(8) RESTOCKING
OF
EMERGENCY
MEDICAL 
SERVICES
VEHICLES
AT
A
HOSPITAL.—Notwith-
standing paragraph (13)(J), a registered emergency 
medical services agency may receive controlled sub-
stances from a hospital for purposes of restocking 
an emergency medical services vehicle following an 
emergency response, and without being subject to 
the requirements of section 308, provided all of the 
following conditions are satisfied: 
‘‘(A) The registered or designated location 
of the agency where the vehicle is primarily sit-
uated maintains a record of such receipt in ac-
cordance with paragraph (9). 
‘‘(B) The hospital maintains a record of 
such delivery to the agency in accordance with 
section 307. 
‘‘(C) If the vehicle is primarily situated at 
a designated location, such location notifies the 
registered location of the agency within 72 
hours of the vehicle receiving the controlled 
substances. 
‘‘(9) MAINTENANCE OF RECORDS.—