IB
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]
[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,
HR 4006 RH
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—
‘‘(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under this section was revoked under section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—
HR 4006 RH
(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-
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.—
HR 4006 RH
‘‘(1) ORDER TO SHOW CAUSE.—Before’’; and
(2) by adding at the end the following:
‘‘(2) ASSISTED SUICIDE.—
‘‘(A) BURDEN
OF
PROOF.—At any proceeding
under paragraph (1), where the order to show cause
is based on subsection (a)(4) for denial, 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 distribute a controlled substance with a purpose of
causing, or assisting in causing, the suicide or eutha-
nasia 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 in-
crease the risk of death.
‘‘(B) REQUEST FOR REVIEW BY MEDICAL ADVI-
SORY BOARD ON PAIN RELIEF.—At any proceeding
under paragraph (1), where the order to show cause
is based on subsection (a)(4) for denial, revocation, or
suspension of registration, the practitioner may re-
quest, within 30 days after the receipt of the order to
show cause, that the Medical Advisory Board on Pain
Relief review, in accordance with paragraph (3), the
administrative record of such proceeding as it relates
to subsection (a)(4).
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‘‘(3) MEDICAL ADVISORY BOARD ON PAIN RELIEF.—
‘‘(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—
‘‘(i) from among individuals who, by reason
of specialized education or substantial relevant
experience in pain management, are clinical ex-
perts with knowledge regarding standards, prac-
tices, and guidelines concerning pain relief; and
‘‘(ii) after consultation with the American
Medical Association, the American Academy of
Pain Medicine, the American Pain Society, the
American Academy of Hospice and Palliative
Medicine, the National Hospice Organization,
the American Geriatrics Society, and such other
entities with relevant expertise concerning pain
relief, as the Attorney General determines to be
appropriate.
‘‘(C) DUTIES OF BOARD.—If in accordance with
paragraph (2)(B) an applicant or registrant requests
a review by the Board of the record of a proceeding
under paragraph (1), the Board shall review the ad-
HR 4006 RH
ministrative 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
distribution of the controlled substance at issue in the
proceeding was for the purpose of alleviating pain or
discomfort in a manner that does not constitute a vio-
lation of subsection (a)(4). The opinion of the Board
under this subparagraph shall be part of the adminis-
trative record and shall be considered by the Attorney
General in determining whether to deny, revoke, or
suspend the registration involved.’’.
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-
fore the date of enactment of this Act for the purpose of
causing, or assisting in causing, the suicide or euthanasia
of any individual is or is not a violation of the Controlled
Substances Act (21 U.S.C. 801 et seq.).
(b) INCORPORATED DEFINITIONS.—In this section, the
terms ‘‘controlled substance’’, ‘‘dispense’’, and ‘‘distribute’’
have the meanings given those terms in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
105TH CONGRESS
2D SESSION
H. R. 4006
[Report No. 105–683, Part I]
A BILL
To clarify Federal law to prohibit the dispensing or
distribution of a controlled substance for the pur-
pose of causing, or assisting in causing, the sui-
cide or euthanasia of any individual.