I 
115TH CONGRESS 
1ST SESSION H. R. 4275 
To provide for the development and dissemination of programs and materials 
for training pharmacists, health care providers, and patients on indicators 
that a prescription is fraudulent, forged, or otherwise indicative of abuse 
or diversion, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 7, 2017 
Mr. DESAULNIER (for himself and Mr. CARTER of Georgia) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To provide for the development and dissemination of pro-
grams and materials for training pharmacists, health 
care providers, and patients on indicators that a prescrip-
tion is fraudulent, forged, or otherwise indicative of 
abuse or diversion, 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 ‘‘Empowering Phar-
macists in the Fight Against Opioid Abuse Act’’. 
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SEC. 2. PROGRAMS AND MATERIALS FOR TRAINING ON 
CERTAIN CIRCUMSTANCES UNDER WHICH A 
PHARMACIST MAY DECLINE TO FILL A PRE-
SCRIPTION. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator of the 
Drug Enforcement Administration, in consultation with 
the Secretary of Health and Human Services, the Com-
missioner of Food and Drugs, the Director of the Centers 
for Disease Control and Prevention, and the Assistant 
Secretary for Mental Health and Substance Use, shall de-
velop and disseminate programs and materials for training 
pharmacists, health care providers, and patients on— 
(1) circumstances under which a pharmacist 
may, consistent with section 201 of the Controlled 
Substances Act (21 U.S.C. 811) and regulations 
thereunder, including section 1306.04 of title 21, 
Code of Federal Regulations, decline to fill a pre-
scription for a controlled substance because the 
pharmacist suspects the prescription is fraudulent, 
forged, or otherwise indicative of abuse or diversion; 
and 
(2) any Federal requirements pertaining to de-
clining to fill a prescription under such circum-
stances. 
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(b) MATERIALS INCLUDED.—In developing materials 
under subsection (a), the Administrator of the Drug En-
forcement Administration shall include information edu-
cating— 
(1) pharmacists on how to decline to fill a pre-
scription and actions to take after declining to fill a 
prescription; and 
(2) other health care practitioners and the pub-
lic on a pharmacist’s responsibility to decline to fill 
prescriptions in certain circumstances. 
(c) STAKEHOLDER INPUT.—In developing the pro-
grams and materials required under subsection (a), the 
Administrator of the Drug Enforcement Administration 
shall seek input from relevant national, State, and local 
associations, boards of pharmacy, medical societies, licens-
ing boards, health care practitioners, and patients. 
Æ 
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