I 118th CONGRESS 1st Session H. R. 2804 IN THE HOUSE OF REPRESENTATIVES April 24, 2023 Mr. Espaillat introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , 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 with respect to the registration of opioid treatment programs to increase stakeholder input from relevant communities and to ensure such programs are treating patients in need, and for other purposes.

1. Short title This Act may be cited as the Harm Reduction Through Community Engagement Act of 2023 . 2. Opioid treatment program registration requirements (a) In general Paragraph (1) of section 303(h) of the Controlled Substances Act ( 21 U.S.C. 823(h) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) if the Secretary determines that— (i) the applicant will address community impacts in accordance with paragraph (3); (ii) the treatment will not be provided within one-half mile of a public or private licensed day care center, a public or private elementary or secondary school, a learning center, a playground, or another drug treatment facility or program; (iii) the applicant justifies patient need for the treatment in the community involved; (iv) the applicant will actively promote the use of telehealth so as to minimize the need for patients to physically appear for treatment; (v) the applicant will designate a community liaison responsible for developing and maintaining cooperative relationships with local elected officials, local law enforcement, and local community-based organizations including nonprofit organizations that provide social services; (vi) the applicant will work with a customer relationship management system of the local government (or establish and operate a customer relationship management system if none exists) to track and report data on the number of service requests received by such system pertaining to drug abuse and treatment in the community involved; and (vii) the applicant will report to the Secretary treatment performance measurement data, including data concerning— (I) how many patients seek effective long-term addiction treatment; and (II) the effectiveness of the use of telehealth in patient treatment plans, including how many patients are using telehealth and the outcomes or progress of such patients. . (b) Community impact consideration Section 303(h) of the Controlled Substances Act ( 21 U.S.C. 823(h) ) is amended by adding at the end the following: (3) Community impact consideration For purposes of being determined to be qualified under paragraph (1)(A), a practitioner seeking to become registered or maintain registration under paragraph (1) to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment shall comply with each of the following: (A) The practitioner shall— (i) conduct outreach to the community involved concerning the practitioner’s treatment program; and (ii) in conducting such outreach, give notice to community stakeholders including community boards, tenant associations, outpatient treatment centers, health care providers, community-based nonprofit organizations that provide opioid prevention and treatment services, and such other community stakeholders as may be determined by the Secretary. (B) The practitioner— (i) shall develop and implement a neighborhood engagement plan that outlines the practitioner’s engagement with stakeholders referred to in subparagraph (A)(ii) in the geographic location in which the opioid treatment program is located; and (ii) may include in such plan a description of the practitioner’s engagement with stakeholders, including homeowners associations, school administrators, neighboring businesses, community organizations, local councils, and law enforcement agencies. (C) The practitioner shall— (i) establish and maintain a community advisory board; and (ii) include in the membership of such board volunteers from various stakeholder groups who represent the positions of the community. (D) The practitioner— (i) shall develop and implement a community relations plan to measure and minimize the negative impacts of the treatment program on the community; and (ii) may include in such plan— (I) policies and procedures to resolve community problems, including loitering and the blocking of pedestrian pathways; (II) procedures to consider community input and impact; and (III) a procedure to escalate and solve the quality-of-life issues in the surrounding blocks such as open air drug trading, uncapped needles disposed in public walkways, and open drug use. . (c) Reporting to Congress Section 303(h) of the Controlled Substances Act ( 21 U.S.C. 823(h) ), as amended, is further amended by adding at the end the following: (4) Reporting to Congress Not later than 1 year after the date of enactment of the Harm Reduction Through Community Engagement Act of 2023 , and annually thereafter, the Secretary shall submit to the Congress a comprehensive report on community engagement and the maintenance of clinics in connection with maintenance treatment or detoxification treatment provided pursuant to this subsection, including— (A) treatment performance measurement data; (B) guidance on best practices for sustaining community engagement; and (C) policy recommendations for sustaining community engagement. .