Mainstreaming Addiction Treatment Act of 2021

Bill: 117-s-445
Sponsor: full_name: Sen. Hassan, Margaret Wood [D-NH]
Introduced: 2021-02-25
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures

Drug therapy

Drug trafficking and controlled substances

Drug, alcohol, tobacco use

Federal preemption

Government information and archives

Health care coverage and access

Health personnel

Licensing and registrations

Prescription drugs

State and local government operations
Latest action: action_date: 2021-02-25
text: Referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2021-02-25
action_desc: Introduced in Senate
text: <p><strong>Mainstreaming Addiction Treatment Act of 2021</strong></p> <p>This bill removes the requirement that a health care practitioner apply for a separate waiver through the Drug Enforcement Administration (DEA) to dispense certain narcotic drugs (e.g., buprenorphine) for maintenance or detoxification treatment (i.e., substance use disorder treatment).</p> <p>Further, a community health aide or community health practitioner may dispense certain narcotic drugs for maintenance or detoxification treatment without registering with the DEA if the drug is prescribed by a health care practitioner through telemedicine. It preempts state laws related to licensure for this activity.</p> <p>The bill also directs the Substance Abuse and Mental Health Services Administration to conduct a national campaign to educate health care practitioners and encourage them to integrate substance use disorder treatment into their practices.</p>

tv_txt: II 117th CONGRESS 1st Session S. 445 IN THE SENATE OF THE UNITED STATES February 25, 2021 Ms. Hassan (for herself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) ) to eliminate the separate registration requirement for dispensing narcotic drugs in schedule III, IV, or V, such as buprenorphine, for maintenance or detoxification treatment, and for other purposes.

1. Short title This Act may be cited as the Mainstreaming Addiction Treatment Act of 2021 . 2. Eliminating separate registration requirement for dispensing narcotic drugs in schedules III, IV, and V for maintenance or detoxification treatment (a) In general Section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) ) is amended— (1) by striking paragraph (2); (2) by striking (g)(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment and inserting (g) Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment ; (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (4) in paragraph (2), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (b) Technical and conforming edits (1) Section 304 of the Controlled Substances Act ( 21 U.S.C. 824 ) is amended— (A) in subsection (a), by striking 303(g)(1) each place it appears and inserting 303(g) ; and (B) in subsection (d)(1), by striking 303(g)(1) and inserting 303(g) . (2) Section 309A(a) of the Controlled Substances Act ( 21 U.S.C. 829a(a) ) is amended by striking paragraph (2) and inserting the following: (2) the controlled substance— (A) is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment; and (B) is to be administered by injection or implantation; . (3) Section 520E–4(c) of the Public Health Service Act (42 U.S.C. 290bb–36d(c)) is amended, in the matter preceding paragraph (1), by striking information on any qualified practitioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act and inserting information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) for the purpose of maintenance or detoxification treatment . (4) Section 544(a)(3) of the Public Health Service Act ( 42 U.S.C. 290dd–3(a)(3) ) is amended by striking any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act and inserting any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment . (5) Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by striking subsection (bb). (6) Section 1834(o) of the Social Security Act ( 42 U.S.C. 1395m(o) ) is amended by striking paragraph (3). (7) Section 1866F(c)(3) of the Social Security Act ( 42 U.S.C. 1395cc–6(c)(3) ) is amended— (A) in subparagraph (A), by inserting and at the end; (B) in subparagraph (B), by striking ; and and inserting a period; and (C) by striking subparagraph (C). (8) Section 1903(aa)(2)(C) of the Social Security Act ( 42 U.S.C. 1396b(aa)(2)(C) ) is amended— (A) in clause (i), by inserting and at the end; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). 3. National education campaign (a) In general The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall conduct a national campaign to educate practitioners with respect to the elimination of the separate registration requirement under section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) ), as in effect on the day before the date of enactment of this Act, for dispensing narcotic drugs in schedule III, IV, and V for maintenance or detoxification treatment. (b) Required components The national education campaign under subsection (a) shall— (1) encourage practitioners to integrate substance use treatment into their practices; and (2) include education on publicly available educational resources and training modules that can assist practitioners in treating patients with a substance use disorder. 4. Community health aides and community health practitioners (a) Practice of telemedicine Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended— (1) in paragraph (54)(A), by striking clause (i) and inserting the following: (i) while the patient is— (I) being treated by, and physically located in, a hospital or clinic registered under section 303(f); or (II) for purposes of section 302(h), being treated by a community health aide or community health practitioner; and ; (2) by redesignating paragraph (58) as paragraph (59); (3) by redesignating the second paragraph designated as paragraph (57) (relating to the definition of serious drug felony ) as paragraph (58); (4) by moving paragraphs (57), (58) (as so redesignated), and (59) (as so redesignated) 2 ems to the left; and (5) by adding at the end the following: (60) The terms community health aide and community health practitioner have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616l ). . (b) Dispensation of narcotic drugs in schedule III, IV, or V Section 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) is amended by adding at the end the following: (h) Dispensation of narcotic drugs in schedule III, IV, or V by certain practitioners (1) In general Notwithstanding subsection (a)(2), a community health aide or community health practitioner may dispense a narcotic drug in schedule III, IV, or V, such as buprenorphine, or a combination of such drugs, to an individual for maintenance treatment or detoxification treatment (or both) without being registered under this title if the drug is prescribed by a practitioner through the practice of telemedicine. (2) Preemption Notwithstanding section 708, a State may not require a community health aide or community health practitioner to be licensed by the State in order to dispense narcotic drugs in accordance with paragraph (1) of this subsection. .