I
105TH CONGRESS
2D SESSION
H. R. 4006
To clarify Federal law to prohibit the dispensing or distribution of a controlled
substance for the purpose of causing, or assisting in causing, the suicide
or euthanasia of any individual.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 1998
Mr. HYDE (for himself and Mr. OBERSTAR) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To clarify Federal law to prohibit the dispensing or distribu-
tion of a controlled substance for the purpose of causing,
or assisting in causing, the suicide or euthanasia of
any individual.
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 ‘‘Lethal Drug Abuse
Prevention Act of 1998’’.
SEC. 2. LETHAL DRUG ABUSE PREVENTION.
(a) DENIAL OF REGISTRATION.—Section 303 of the
Controlled Substances Act (21 U.S.C. 823) is amended
by adding at the end the following:
‘‘(i) DENIAL OF REGISTRATION.—The Attorney Gen-
eral shall determine that registration of an applicant
under this section is inconsistent with the public interest
if—
‘‘(1) during the 5-year period immediately pre-
ceding the date on which the application is submit-
ted under this section, the registration of the appli-
cant under this section was revoked under section
304(a)(4); or
‘‘(2) the Attorney General determines, based on
clear and convincing evidence, that the applicant is
applying for the registration with the intention of
using the registration to take any action that would
constitute a violation of section 304(a)(4).’’.
(b) SUSPENSION
OR REVOCATION
OF REGISTRA-
TION.—
(1) IN GENERAL.—Section 304(a) of the Con-
trolled Substances Act (21 U.S.C. 824(a)) is amend-
ed—
(A) by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the
following:
‘‘(4) has intentionally dispensed or distributed a
controlled substance with a purpose of causing, or
assisting in causing, the suicide or euthanasia of any
individual, except that this paragraph does not apply
to the dispensing or distribution of a controlled sub-
stance for the purpose of alleviating pain or discom-
fort (even if the use of the controlled substance may
increase the risk of death), so long as the controlled
substance is not also dispensed or distributed for the
purpose of causing, or assisting in causing, the
death of an individual for any reason;’’.
(2) 
CONFORMING
AMENDMENT.—Section
304(a)(5) of the Controlled Substances Act (21
U.S.C. 824(a)(5)) (as redesignated by paragraph (1)
of this subsection) is amended by inserting ‘‘other’’
after ‘‘such’’.
(c) PAIN RELIEF.—Section 304(c) of the Controlled
Substances Act (21 U.S.C. 824(c)) is amended—
(1) by striking ‘‘(c) Before’’ and inserting the
following:
‘‘(c) PROCEDURES.—
‘‘(1) ORDER TO SHOW CAUSE.—After any hear-
ing under paragraph (2), and before’’; and
(2) by adding at the end the following:
‘‘(2) MEDICAL
REVIEW
BOARD
ON
PAIN
RE-
LIEF.—
‘‘(A) IN GENERAL.—The Attorney General
shall by regulation establish a board to be
known as the Medical Review Board on Pain
Relief (referred to in this subsection as the
‘Board’).
‘‘(B) MEMBERSHIP.—The Attorney Gen-
eral shall appoint the members of the Board—
‘‘(i) from among individuals who, by
reason of specialized education or substan-
tial relevant experience in pain manage-
ment, are clinical experts with knowledge
regarding standards, practices, and guide-
lines concerning pain relief; and
‘‘(ii) after consultation with the Amer-
ican Medical Association, the American
Academy of Hospice and Palliative Medi-
cine, the National Hospice Organization,
the American Geriatrics Society, and such
other entities with relevant expertise con-
cerning pain relief, as the Attorney Gen-
eral determines to be appropriate.
‘‘(C) DUTIES OF BOARD.—
‘‘(i) HEARING.—If an applicant or
registrant claims that any action (or, in
the case of a proposed denial under section
303(i)(2), any potential action) that is a
basis of a proposed denial under section
303(i), or a proposed revocation or suspen-
sion under subsection (a)(4) of this sec-
tion, is an appropriate means to relieve
pain that does not constitute a violation of
subsection (a)(4) of this section, the appli-
cant or registrant may seek a hearing be-
fore the Board on that issue.
‘‘(ii) FINDINGS.—Based on a hearing
under clause (i), the Board shall make
findings regarding whether the action at
issue is an appropriate means to relieve
pain that does not constitute a violation of
subsection (a)(4). The findings of the
Board under this clause shall be admissible
in any hearing pursuant to an order to
show cause under paragraph (1).’’.
SEC. 3. CONSTRUCTION.
(a) IN GENERAL.—Nothing in this Act or the amend-
ments made by this Act shall be construed to imply that
the dispensing or distribution of a controlled substance be-