Opioid Prescription Verification Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4810 To facilitate responsible, informed dispensing of controlled substances and other prescribed medications, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 23, 2019 Mr. RODNEY DAVIS of Illinois (for himself, Mr. VAN DREW, Mr. BUCSHON, Mr. SHIMKUS, and Mr. LATTA) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To facilitate responsible, informed dispensing of controlled substances and other prescribed medications, 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 ‘‘Opioid Prescription 4 Verification Act of 2019’’. 5 VerDate Sep 11 2014 22:21 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4810.IH H4810 kjohnson on DSK79L0C42 with BILLS 2 •HR 4810 IH SEC. 2. MATERIALS FOR TRAINING PHARMACISTS ON CER- 1 TAIN CIRCUMSTANCES UNDER WHICH A 2 PHARMACIST MAY DECLINE TO FILL A PRE- 3 SCRIPTION. 4 (a) UPDATES TO MATERIALS.—Section 3212(a) of 5 the SUPPORT for Patients and Communities Act (Public 6 Law 115–271) is amended by striking ‘‘Not later than 1 7 year after the date of enactment of this Act, the Secretary 8 of Health and Human Services, in consultation with the 9 Administrator of the Drug Enforcement Administration, 10 Commissioner of Food and Drugs, Director of the Centers 11 for Disease Control and Prevention, and Assistant Sec- 12 retary for Mental Health and Substance Use, shall develop 13 and disseminate’’ and inserting ‘‘The Secretary of Health 14 and Human Services, in consultation with the Adminis- 15 trator of the Drug Enforcement Administration, Commis- 16 sioner of Food and Drugs, Director of the Centers for Dis- 17 ease Control and Prevention, and Assistant Secretary for 18 Mental Health and Substance Use, shall develop and dis- 19 seminate not later than 1 year after the date of enactment 20 of this Act, and update periodically thereafter’’. 21 (b) MATERIALS INCLUDED.—Section 3212(b) of the 22 SUPPORT for Patients and Communities Act (Public 23 Law 115–271) is amended— 24 (1) by redesignating paragraphs (1) and (2) as 25 paragraphs (2) and (3), respectively; and 26 VerDate Sep 11 2014 22:21 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4810.IH H4810 kjohnson on DSK79L0C42 with BILLS 3 •HR 4810 IH (2) by inserting before paragraph (2), as so re- 1 designated, the following new paragraph: 2 ‘‘(1) pharmacists on how to verify the identity 3 of individuals picking up prescriptions;’’. 4 (c) MATERIALS FOR TRAINING ON VERIFICATION OF 5 IDENTITY.—Section 3212 of the SUPPORT for Patients 6 and Communities Act (Public Law 115–271) is amended 7 by adding at the end the following new subsection: 8 ‘‘(d) MATERIALS FOR TRAINING ON VERIFICATION 9 OF IDENTITY OF INDIVIDUALS PICKING UP PRESCRIBED 10 MEDICATIONS.—Not later than 6 months after the date 11 of enactment of this subsection, the Secretary of Health 12 and Human Services, after seeking stakeholder input in 13 accordance with subsection (c), shall— 14 ‘‘(1) update the materials developed under sub- 15 section (a) to include information for pharmacists on 16 how to verify the identity of individuals picking up 17 prescribed medications; and 18 ‘‘(2) disseminate, as appropriate, the updated 19 materials.’’. 20 SEC. 3. INCENTIVIZING STATES TO FACILITATE RESPON- 21 SIBLE, INFORMED DISPENSING OF CON- 22 TROLLED SUBSTANCES. 23 (a) IN GENERAL.—Section 392A of the Public 24 Health Service Act (42 U.S.C. 280b–1) is amended— 25 VerDate Sep 11 2014 22:21 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4810.IH H4810 kjohnson on DSK79L0C42 with BILLS 4 •HR 4810 IH (1) by redesignating subsections (c) and (d) as 1 subsections (d) and (e), respectively; and 2 (2) by inserting after subsection (b) the fol- 3 lowing new subsection: 4 ‘‘(c) PREFERENCE.—In determining the amounts of 5 grants awarded to States under subsections (a) and (b), 6 the Director of the Centers for Disease Control and Pre- 7 vention may give preference to States in accordance with 8 such criteria as the Director may specify and may choose 9 to give preference to States that— 10 ‘‘(1) maintain a prescription drug monitoring 11 program; 12 ‘‘(2) require dispensers of controlled substances 13 in schedule II, III, or IV to verify the identity of the 14 person who picks up a prescribed medication by re- 15 quiring such person to present a photo identification 16 card that is valid as determined by the respective 17 State; and 18 ‘‘(3) require dispensers of such controlled sub- 19 stances to enter certain information about the pur- 20 chase of such controlled substances into the respec- 21 tive State’s prescription drug monitoring program, 22 including— 23 VerDate Sep 11 2014 22:21 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4810.IH H4810 kjohnson on DSK79L0C42 with BILLS 5 •HR 4810 IH ‘‘(A) the National Drug Code or, in the 1 case of compounded medications, compound 2 identifier; 3 ‘‘(B) the quantity dispensed; 4 ‘‘(C) the name of the patient; 5 ‘‘(D) the name of the ultimate user; 6 ‘‘(E) the name of the person who picks up 7 the controlled substance, if different from the 8 patient and ultimate user; and 9 ‘‘(F) the date filled.’’. 10 (b) DEFINITIONS.—Subsection (d) of section 392A of 11 the Public Health Service Act (42 U.S.C. 280b–1), as re- 12 designated by subsection (a)(1), is amended to read as fol- 13 lows: 14 ‘‘(d) DEFINITIONS.—In this section: 15 ‘‘(1) CONTROLLED SUBSTANCE.—The term 16 ‘controlled substance’ has the meaning given that 17 term in section 102 of the Controlled Substances. 18 ‘‘(2) DISPENSER.—The term ‘dispenser’ means 19 a physician, pharmacist, or other person that dis- 20 penses a controlled substance to an ultimate user. 21 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 22 has the meaning given that term in section 4 of the 23 Indian Self-Determination and Education Assistance 24 Act. 25 VerDate Sep 11 2014 22:21 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4810.IH H4810 kjohnson on DSK79L0C42 with BILLS 6 •HR 4810 IH ‘‘(4) STATE.—The term ‘State’ means each of 1 the 50 States, the District of Columbia, and any 2 commonwealth or territory of the United States. 3 ‘‘(5) ULTIMATE USER.—The term ‘ultimate 4 user’ means a person who has obtained from a dis- 5 penser, and who possesses, a controlled substance 6 for the person’s own use, for the use of a member 7 of the person’s household, or for the use of an ani- 8 mal.’’. 9 Æ VerDate Sep 11 2014 22:21 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H4810.IH H4810 kjohnson on DSK79L0C42 with BILLS