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II
116TH CONGRESS
1ST SESSION
S. 2074
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.
IN THE SENATE OF THE UNITED STATES
JULY 10, 2019
Ms. HASSAN (for herself and Ms. MURKOWSKI) introduced the following bill;
which was read twice and referred to the Committee on Health, Edu-
cation, 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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Mainstreaming Addic-
4
tion Treatment Act of 2019’’.
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•S 2074 IS
SEC. 2. ELIMINATING SEPARATE REGISTRATION REQUIRE-
1
MENT FOR DISPENSING NARCOTIC DRUGS IN
2
SCHEDULES III, IV, AND V FOR MAINTENANCE
3
OR DETOXIFICATION TREATMENT.
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(a) IN GENERAL.—Section 303(g) of the Controlled
5
Substances Act (21 U.S.C. 823(g)) is amended—
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(1) by striking paragraph (2);
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(2) by striking ‘‘(g)(1) Except as provided in
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paragraph (2), practitioners who dispense narcotic
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drugs to individuals for maintenance treatment or
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detoxification treatment’’ and inserting ‘‘(g) Practi-
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tioners who dispense narcotic drugs (other than nar-
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cotic drugs in schedule III, IV, or V) to individuals
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for maintenance treatment or detoxification treat-
14
ment’’;
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(3) by redesignating subparagraphs (A), (B),
16
and (C) as paragraphs (1), (2), and (3), respectively;
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and
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(4) in paragraph (2), as redesignated, by redes-
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ignating clauses (i) and (ii) as subparagraphs (A)
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and (B), respectively.
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(b) TECHNICAL AND CONFORMING EDITS.—
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(1) Section 304 of the Controlled Substances
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Act (21 U.S.C. 824) is amended—
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•S 2074 IS
(A)
in
subsection
(a),
by
striking
1
‘‘303(g)(1)’’ each place it appears and inserting
2
‘‘303(g)’’; and
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(B) in subsection (d)(1), by striking
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‘‘303(g)(1)’’ and inserting ‘‘303(g)’’.
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(2) Section 309A(a) of the Controlled Sub-
6
stances Act (21 U.S.C. 829a(a)) is amended by
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striking paragraph (2) and inserting the following:
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‘‘(2) the controlled substance—
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‘‘(A) is a narcotic drug in schedule III, IV,
10
or V to be administered for the purpose of
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maintenance or detoxification treatment; and
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‘‘(B) is to be administered by injection or
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implantation;’’.
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(3) Section 520E–4(c) of the Public Health
15
Service Act (42 U.S.C. 290bb–36d(c)) is amended,
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in the matter preceding paragraph (1), by striking
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‘‘information on any qualified practitioner that is
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certified to prescribe medication for opioid depend-
19
ency under section 303(g)(2)(B) of the Controlled
20
Substances Act’’ and inserting ‘‘information on any
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practitioner who prescribes narcotic drugs in sched-
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ule III, IV, or V of section 202 of the Controlled
23
Substances Act for the purpose of maintenance or
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detoxification treatment’’.
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•S 2074 IS
(4) Section 544(a)(3) of the Public Health
1
Service Act (42 U.S.C. 290dd–3) is amended by
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striking ‘‘any practitioner dispensing narcotic drugs
3
pursuant to section 303(g) of the Controlled Sub-
4
stances Act’’ and inserting ‘‘any practitioner dis-
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pensing narcotic drugs for the purpose of mainte-
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nance or detoxification treatment’’.
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(5) Section 1833(bb)(3)(B) of the Social Secu-
8
rity Act (42 U.S.C. 1395l(bb)(3)(B)) is amended by
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striking ‘‘first receives a waiver under section 303(g)
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of the Controlled Substances Act on or after Janu-
11
ary 1, 2019’’ and inserting ‘‘first begins prescribing
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narcotic drugs in schedule III, IV, or V of section
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202 of the Controlled Substances Act for the pur-
14
pose of maintenance or detoxification treatment on
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or after January 1, 2019’’.
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(6) Section 1834(o)(3)(C)(ii) of the Social Se-
17
curity Act (42 U.S.C. 1395m(o)(3)(C)(ii)) is amend-
18
ed by striking ‘‘first receives a waiver under section
19
303(g) of the Controlled Substances Act on or after
20
January 1, 2019’’ and inserting ‘‘first begins pre-
21
scribing narcotic drugs in schedule III, IV, or V of
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section 202 of the Controlled Substances Act for the
23
purpose of maintenance or detoxification treatment
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on or after January 1, 2019’’.
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•S 2074 IS
(7) Section 1866F(c)(3) of the Social Security
1
Act (42 U.S.C. 1395cc–6(c)(3)) is amended—
2
(A) in subparagraph (A), by inserting
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‘‘and’’ at the end;
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(B) in subparagraph (B), by striking ‘‘;
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and’’ and inserting a period; and
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(C) by striking subparagraph (C).
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(8) Section 1903(aa)(2)(C) of the Social Secu-
8
rity Act (42 U.S.C. 1396b(aa)(2)(C)) is amended—
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(A) in clause (i), by inserting ‘‘and’’ at the
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end;
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(B) by striking clause (ii); and
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(C) by redesignating clause (iii) as clause
13
(ii).
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SEC. 3. NATIONAL EDUCATION CAMPAIGN.
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(a) IN GENERAL.—The Secretary of Health and
16
Human Services, acting through the Assistant Secretary
17
for Mental Health and Substance Use, shall conduct a na-
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tional campaign to educate practitioners with respect to
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the elimination of the separate registration requirement
20
under section 303(g) of the Controlled Substances Act (21
21
U.S.C. 823(g)), as in effect on the day before the date
22
of enactment of this Act, for dispensing narcotic drugs in
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schedule III, IV, and V for maintenance or detoxification
24
treatment.
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•S 2074 IS
(b) REQUIRED COMPONENTS.—The national edu-
1
cation campaign under subsection (a) shall—
2
(1) encourage practitioners to integrate sub-
3
stance use treatment into their practices; and
4
(2) include education on publicly available edu-
5
cational resources and training modules that can as-
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sist practitioners in treating patients with a sub-
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stance use disorder.
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SEC. 4. COMMUNITY HEALTH AIDES AND COMMUNITY
9
HEALTH PRACTITIONERS.
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(a) PRACTICE OF TELEMEDICINE.—Section 102 of
11
the Controlled Substances Act (21 U.S.C. 802) is amend-
12
ed—
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(1) in paragraph (54)(A), by striking clause (i)
14
and inserting the following:
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‘‘(i) while the patient is—
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‘‘(I) being treated by, and physically
17
located in, a hospital or clinic registered
18
under section 303(f); or
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‘‘(II) for purposes of section 302(h),
20
being treated by a community health aide
21
or community health practitioner; and’’;
22
(2) by redesignating paragraph (58) as para-
23
graph (59);
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•S 2074 IS
(3) by redesignating the second paragraph des-
1
ignated as paragraph (57) as paragraph (58);
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(4) by moving paragraphs (57), (58) (as so re-
3
designated), and (59) (as so redesignated) 2 ems to
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the left; and
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(5) by adding at the end the following:
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‘‘(60) The terms ‘community health aide’ and ‘com-
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munity health practitioner’ have the meanings within the
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meaning of section 119 of the Indian Health Care Im-
9
provement Act (25 U.S.C. 1616l).’’.
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(b) DISPENSATION OF NARCOTIC DRUGS IN SCHED-
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ULE III, IV, OR V.—Section 302 of the Controlled Sub-
12
stances Act (21 U.S.C. 822) is amended by adding at the
13
end the following:
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‘‘(h) DISPENSATION OF NARCOTIC DRUGS IN SCHED-
15
ULE III, IV, OR V BY CERTAIN PRACTITIONERS.—
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‘‘(1) IN GENERAL.—Notwithstanding subsection
17
(a)(2), a community health aide or community
18
health practitioner may dispense a narcotic drug in
19
schedule III, IV, or V, such as buprenorphine, or a
20
combination of such drugs, to an individual for
21
maintenance treatment or detoxification treatment
22
(or both) without being registered under this title if
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the drug is prescribed by a practitioner through the
24
practice of telemedicine.
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•S 2074 IS
‘‘(2) PREEMPTION.—Notwithstanding section
1
708, a State may not require a community health
2
aide or community health practitioner to be licensed
3
by the State in order to dispense narcotic drugs in
4
accordance with paragraph (1) of this subsection.’’.
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Æ
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