METH Addiction Act

II 116TH CONGRESS 1ST SESSION S. 2244 To amend the Controlled Substances Act to allow community addiction treat- ment facilities and community mental health facilities to register to dispense controlled substances through the practice of telemedicine, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 24, 2019 Mr. ROBERTS introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Controlled Substances Act to allow community addiction treatment facilities and community mental health facilities to register to dispense controlled sub- stances through the practice of telemedicine, 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, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Modernizing Eligible 4 Treatment centers for Healing Addiction Act of 2019’’ or 5 the ‘‘METH Addiction Act’’. 6 VerDate Sep 11 2014 00:46 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2244.IS S2244 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 2244 IS SEC. 2. REGISTRATION OF COMMUNITY ADDICTION TREAT- 1 MENT FACILITIES AND COMMUNITY MENTAL 2 HEALTH FACILITIES. 3 (a) DEFINITIONS.—Section 102 of the Controlled 4 Substances Act (21 U.S.C. 802) is amended— 5 (1) in paragraph (54)(A), by striking clause (i) 6 and inserting the following: 7 ‘‘(i) while the patient is being treated by, 8 and physically located in— 9 ‘‘(I) a hospital or clinic registered 10 under section 303(f); or 11 ‘‘(II) a community addiction treat- 12 ment facility or community mental health 13 facility registered under section 303(l); 14 and’’; 15 (2) by redesignating paragraph (58) as para- 16 graph (59); 17 (3) by redesignating the second paragraph des- 18 ignated as paragraph (57) as paragraph (58); 19 (4) by moving paragraphs (57), (58) (as so re- 20 designated), and (59) (as so redesignated) 2 ems to 21 the left; and 22 (5) by adding at the end the following: 23 ‘‘(60) The term ‘community addiction treatment fa- 24 cility’ means an addiction treatment facility that, for the 25 purpose of operating as an addiction treatment facility, 26 VerDate Sep 11 2014 00:46 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2244.IS S2244 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 2244 IS is licensed, operated, authorized, or otherwise recognized 1 by a State government. 2 ‘‘(61) The term ‘community mental health facility’ 3 means a mental health facility that, for the purpose of 4 operating as a mental health facility, is licensed, operated, 5 authorized, or otherwise recognized by a State govern- 6 ment.’’. 7 (b) REGISTRATION.—Section 303 of the Controlled 8 Substances Act (21 U.S.C. 823) is amended by adding at 9 the end the following: 10 ‘‘(l) COMMUNITY ADDICTION TREATMENT FACILI- 11 TIES AND COMMUNITY MENTAL HEALTH FACILITIES.— 12 ‘‘(1) REGISTRATION.—The Attorney General 13 may register community addiction treatment facili- 14 ties and community mental health facilities to ad- 15 minister controlled substances through the practice 16 of telemedicine. 17 ‘‘(2) DENIAL OF APPLICATIONS.—The Attorney 18 General may deny an application for registration 19 under paragraph (1) if the Attorney General deter- 20 mines that the registration would be inconsistent 21 with the public interest after considering— 22 ‘‘(A) any recommendation by the licensing 23 board or professional disciplinary authority of 24 the State in which the applicant is located; 25 VerDate Sep 11 2014 00:46 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2244.IS S2244 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 2244 IS ‘‘(B) the experience of the applicant in 1 treating patients; 2 ‘‘(C) any conviction of an employee of the 3 applicant under Federal or State law relating to 4 treatment of patients; 5 ‘‘(D) the compliance of the applicant with 6 applicable Federal, State, or local laws relating 7 to treatment of patients; and 8 ‘‘(E) any other conduct by the applicant 9 that may threaten the health and safety of the 10 public.’’. 11 (c) IMPLEMENTATION PLAN.—Not later than 180 12 days after the date of enactment of this Act, the Attorney 13 General shall notify Congress of the plan of the Depart- 14 ment of Justice to implement the amendments made by 15 this Act. 16 (d) EFFECTIVE DATE.—The amendments made by 17 this Act shall take effect on the date that is 180 days 18 after the date on which the Attorney General notifies Con- 19 gress under subsection (c). 20 Æ VerDate Sep 11 2014 00:46 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2244.IS S2244 pamtmann on DSKBFK8HB2PROD with BILLS