IB
Union Calendar No. 422
105TH CONGRESS
2D SESSION
H. R. 4006
[Report No. 105–683, Part I]
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
AUGUST 6, 1998
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AUGUST 6, 1998
Referral to the Committee on Commerce extended for a period ending not
later than September 18, 1998
SEPTEMBER 18, 1998
Additional sponsors: Mr. HOEKSTRA, Mr. CHRISTENSEN, Mr. PITTS, Mr.
ISTOOK, Mr. KING, Mr. RAHALL, Mr. WATTS of Oklahoma, Mr. TIAHRT,
Mr. STUPAK, Mr. HILL, Mr. HUTCHINSON, Mr. LEWIS of Kentucky, Mr.
SMITH of New Jersey, Mr. TALENT, Mr. COBURN, Mr. MCCOLLUM, Mr.
BALLENGER, Mr. CANNON, Mr. MANZULLO, Mr. GOODLING, Mr. KIM,
Mr. CRANE, Mr. NETHERCUTT, Mr. BRYANT, Mr. HASTINGS of Washing-
ton, Mr. BARCIA, Mr. CANADY of Florida, Mr. CALVERT, Mrs. EMERSON,
Mr. CHABOT, Mr. BRADY of Texas, Mr. SNOWBARGER, Mr. BOB SCHAF-
FER of Colorado, Mr. DOYLE, Mr. PETERSON of Minnesota, Mr.
LAHOOD, Mrs. MYRICK, Mr. GOODLATTE, Mr. PEASE, Mr. SUNUNU, Ms.
PRYCE of Ohio, Mr. WELDON of Florida, Mr. HOSTETTLER, Mr. LA-
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FALCE, Mr. SENSENBRENNER, Mrs. NORTHUP, Mr. FORBES, Mr. WAMP,
Mr. SOUDER, Mr. LUCAS of Oklahoma, Mr. PETRI, and Mr. EVERETT
Deleted sponsors: Mr. LATOURETTE (added June 16, 1998; deleted September
10, 1998), and Ms. ROYBAL-ALLARD (added July 20, 1998; deleted Sep-
tember 11, 1998)
SEPTEMBER 18, 1998
Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 5, 1998]
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 Pre-
vention 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) ADDITIONAL GROUND FOR DENIAL OF REGISTRA-
TION—ASSISTED SUICIDE.—The Attorney General shall de-
termine that registration of an applicant under this section
is inconsistent with the public interest if—
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‘‘(1) during the 5-year period immediately pre-
ceding the date on which the application is submitted
under this section, the registration of the applicant
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 fol-
lowing:
‘‘(4) has intentionally dispensed or distributed a
controlled substance with a purpose of causing, or as-
sisting 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-
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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’’ the first place such term appears.
(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 fol-
lowing:
‘‘(c) PROCEDURES.—
‘‘(1) ORDER TO SHOW CAUSE.—Before’’; and
(2) by adding at the end the following:
‘‘(2) ASSISTED SUICIDE.—
‘‘(A) BURDEN OF PROOF.—At any proceed-
ing under paragraph (1), where the order to
show cause is based on subsection (a)(4) for de-
nial, revocation, or suspension of registration,
the Attorney General shall have the burden of
proving, by clear and convincing evidence, that
the practitioner’s intent was to dispense or dis-
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tribute a controlled substance with a purpose of
causing, or assisting in causing, the suicide or
euthanasia of any individual. In meeting such
burden it shall not be sufficient to prove that the
registrant knew that the use of the controlled
substance may increase the risk of death.
‘‘(B) REQUEST FOR REVIEW BY MEDICAL
ADVISORY BOARD ON PAIN RELIEF.—At any pro-
ceeding under paragraph (1), where the order to
show cause is based on subsection (a)(4) for de-
nial, revocation, or suspension of registration,
the practitioner may request, within 30 days
after the receipt of the order to show cause, that
the Medical Advisory Board on Pain Relief re-
view, in accordance with paragraph (3), the ad-
ministrative record of such proceeding as it re-
lates to subsection (a)(4).
‘‘(3) MEDICAL ADVISORY BOARD ON PAIN RE-
LIEF.—
‘‘(A) IN GENERAL.—The Attorney General
shall by regulation establish a board to be known
as the Medical Advisory Board on Pain Relief
(referred to in this paragraph as the ‘Board’).
‘‘(B) MEMBERSHIP.—The Attorney General
shall appoint the members of the Board—
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‘‘(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 Pain Medicine, the American
Pain Society, the American Academy of
Hospice and Palliative Medicine, the Na-
tional Hospice Organization, the American
Geriatrics Society, and such other entities
with relevant expertise concerning pain re-
lief, as the Attorney General determines to
be appropriate.
‘‘(C) DUTIES OF BOARD.—If in accordance
with paragraph (2)(B) an applicant or reg-
istrant requests a review by the Board of the
record of a proceeding under paragraph (1), the
Board shall review the administrative record of
such proceeding as it relates to subsection (a)(4)
and issue to the Attorney General an advisory
opinion as to whether the dispensing or distribu-
tion of the controlled substance at issue in the