I 
112TH CONGRESS 
1ST SESSION H. R. 1266 
To amend the Controlled Substances Act to improve detection of the fraudu-
lent 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 Judi-
ciary, 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 detec-
tion of the fraudulent abuse of prescriptions to obtain 
controlled substances in schedule II or III, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fraudulent Prescrip-
tion Prevention Act of 2011’’. 
VerDate Mar 15 2010 
23:53 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1266.IH
H1266
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. FRAUDULENT PRESCRIPTION PREVENTION. 
(a) IN GENERAL.—Section 303 of the Controlled 
Substances Act (21 U.S.C. 823) is amended by adding at 
the end the following: 
‘‘(i) FRAUDULENT PRESCRIPTION PREVENTION.— 
‘‘(1) REGISTRATION
REQUIREMENT.—The At-
torney General may not register a practitioner to 
dispense, or conduct research with, a controlled sub-
stance in schedule II or III unless the practitioner 
agrees to comply with the requirements of this sub-
section. 
‘‘(2) 
REPORTING
APPLICABLE
TO
PRE-
SCRIBING.— 
‘‘(A) IN GENERAL.—At the time of pre-
scribing a controlled substance in schedule II or 
III, a practitioner shall, by means of the web 
portal under paragraph (4), submit the fol-
lowing information to the Attorney General: 
‘‘(i) The name, date of birth, and ad-
dress of the patient. 
‘‘(ii) The date and time of the pre-
scription. 
‘‘(iii) The name and amount of the 
substance prescribed. 
‘‘(iv) The practitioner’s Drug Enforce-
ment Administration registration number. 
VerDate Mar 15 2010 
23:53 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1266.IH
H1266
jbell on DSKDVH8Z91PROD with BILLS
‘‘(v) The practitioner’s contact infor-
mation. 
‘‘(vi) If applicable, the prescription 
pad number. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) MEDICAL
EMERGENCY
SITUA-
TION.—Subparagraph (A) does not apply if 
the practitioner is prescribing a controlled 
substance in a medical emergency situa-
tion. 
‘‘(ii) INCONVENIENCE.—If a practi-
tioner does not have access to the web por-
tal under paragraph (4) at the time of pre-
scribing a controlled substance, the practi-
tioner may make the submissions required 
by subparagraph (A) up to 7 days after 
the time of such prescribing. 
‘‘(3) 
REPORTING
APPLICABLE
TO
DIS-
PENSING.— 
‘‘(A) IN
GENERAL.—Before dispensing a 
controlled substance in schedule II or III, a 
practitioner shall, by means of the web portal 
under paragraph (4), submit the following in-
formation to the Attorney General: 
VerDate Mar 15 2010 
23:53 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1266.IH
H1266
jbell on DSKDVH8Z91PROD with BILLS
quired to be reported under subparagraph 
(A) if the substance had been dispensed. 
‘‘(ii) Any reason to suspect that the 
individual attempting to purchase the sub-
stance was acting pursuant to fraud. 
‘‘(4) WEB
PORTAL.—The Attorney General 
shall establish and maintain a web portal that— 
‘‘(A) allows a practitioner to submit infor-
mation to the Attorney General in accordance 
with paragraph (2) or (3), as applicable; and 
‘‘(B) at the time of such submission, com-
municates an alert to the practitioner if— 
‘‘(i) the patient or purchaser has re-
peatedly refilled the same prescription or 
prescriptions for the same controlled sub-
stance; 
‘‘(ii) the patient or purchaser has at-
tempted to obtain or fill the same prescrip-
tion or multiple prescriptions for the same 
controlled substance within the preceding 
30 days; 
‘‘(iii) the patient or purchaser has a 
history of purchasing controlled substances 
in schedule II or III at multiple phar-
macies; 
VerDate Mar 15 2010 
23:53 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1266.IH
H1266
jbell on DSKDVH8Z91PROD with BILLS
‘‘(iv) the patient or purchaser has a 
history of purchasing such controlled sub-
stances in multiple States; 
‘‘(v) the purchaser is attempting to 
purchase a controlled substance using a 
prescription pad number that has been re-
ported as missing or stolen; or 
‘‘(vi) any other circumstance exists 
that, as determined by the Attorney Gen-
eral, indicates an increased possibility that 
the patient or purchaser is attempting to 
unlawfully divert or misuse a controlled 
substance. 
‘‘(5) DATABASE.—The Attorney General shall 
establish and maintain a database containing the in-
formation reported under paragraphs (2) and (3). 
‘‘(6) DISCLOSURE OF INFORMATION.—The At-
torney General may disclose the information re-
ported under paragraphs (2) and (3) only as follows: 
‘‘(A) The Attorney General may make such 
disclosures as may be necessary in order to 
communicate alerts to practitioners under para-
graph (4)(B). 
‘‘(B) The Attorney General may disclose 
information reported under paragraph (2) or 
VerDate Mar 15 2010 
23:53 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1266.IH
H1266
jbell on DSKDVH8Z91PROD with BILLS
(3) to any local, State, or Federal law enforce-
ment, narcotics control, licensure, disciplinary, 
or program authority who certifies that the in-
formation is related to an individual investiga-
tion or proceeding involving the unlawful diver-
sion or misuse of a controlled substance in 
schedule II or III, and such information will 
further the purpose of the investigation or as-
sist in the proceeding. 
‘‘(C) The Attorney General may, on re-
quest, disclose information reported under para-
graph (2) or (3), or any summary or analysis 
thereof, to any person or agency if— 
‘‘(i) the information, summary, or 
analysis is not individually identifiable; and 
‘‘(ii) the person or agency requesting 
the information, summary, or analysis pro-
vides satisfactory assurances that it will be 
used for research. 
‘‘(7) FUNDING.—The only amounts authorized 
to be appropriated to carry out this subsection are 
amounts in the Diversion Control Fee Account es-
tablished by section 111(b) of the Departments of 
Commerce, Justice, and State, the Judiciary, and 
VerDate Mar 15 2010 
23:53 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1266.IH
H1266
jbell on DSKDVH8Z91PROD with BILLS
Related Agencies Appropriations Act, 1993 (Public 
Law 102–395).’’. 
(b) APPLICABILITY DATE.—Paragraphs (1), (2), and 
(3) of section 303(i) of the Controlled Substances Act, as 
added by subsection (a), apply beginning on the date on 
which the Attorney General publishes in the Federal Reg-
ister a determination that the web portal and database 
required by paragraphs (4) and (5) of such section are 
fully operational. 
Æ 
VerDate Mar 15 2010 
23:53 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H1266.IH
H1266
jbell on DSKDVH8Z91PROD with BILLS