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H.R. 1492 - Medical Controlled Substances Transportation Act of 2017
Introduced: 2017-07-13
Bill Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
 
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Full Text


115th CONGRESS
1st Session
H. R. 1492


IN THE SENATE OF THE UNITED STATES

July 13, 2017

    Received; read twice and referred to the Committee on the Judiciary


AN ACT

    To amend the Controlled Substances Act to direct the Attorney General to register practitioners to transport controlled substances to States in which the practitioner is not registered under the Act for the purpose of administering the substances (under applicable State law) at locations other than principal places of business or professional practice.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Medical Controlled Substances Transportation Act of 2017”.

SEC. 2. Registration for transport of controlled substances to States in which the practitioner is not registered under the Controlled Substances Act for the purpose of administering the substances at locations other than principal places of business or professional practice.

Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following:

“(k) Registration for transport of controlled substances to States in which the practitioner is not registered for the purpose of administering the substances at locations other than principal places of business or professional practice.—

“(1) IN GENERAL.—Upon application by a practitioner (other than a pharmacy) who is registered under subsection (f), the Attorney General shall issue a separate registration to the practitioner authorizing the practitioner—

“(A) to transport one or more controlled substances in schedule II, III, IV, or V from the practitioner’s registered location in a State to one or more States in which the practitioner is not registered under subsection (f) for the purpose of the practitioner administering the substances at locations other than a principal place of business or professional practice; and

“(B) to so administer the substances.

“(2) REQUIREMENTS.—For a practitioner to be authorized to transport and administer controlled substances pursuant to a registration issued under paragraph (1), all of the following conditions must be satisfied:

“(A) The practitioner must be licensed, registered, or otherwise permitted by the State in which the controlled substances are administered to carry out such activity at the location where it occurs.

“(B) The practitioner must—

“(i) limit the time of transport and administering of any controlled substance pursuant to such registration to not more than 72 consecutive hours; and

“(ii) by the conclusion of such 72 hours, return any such controlled substance so transported but not administered to the registered location from which such substance was obtained.

“(C)(i) The practitioner must maintain records of the transporting and administering of any controlled substance pursuant to this subsection.

“(ii) Such records shall be maintained, in accordance with the requirements of section 307(b), at the practitioner’s registered location from which the controlled substances were obtained and shall include—

“(I) the location where the controlled substance was administered; and

“(II) such other information as may be required by regulation of the Attorney General with respect to records for dispensers of controlled substances.

“(iii) Notwithstanding clause (ii), the exception in subsection 307(c)(1)(B) shall not apply to records required by this subparagraph.

“(3) GROUNDS FOR DENIAL OR REVOCATION.—The Attorney General may deny an application for registration under this subsection, or a renewal thereof, or revoke such registration, based on the criteria listed in section 304(a), except that the applicant shall not be required, as a condition of initially obtaining such registration, to present proof of State authorization to administer controlled substances.

“(4) AUTOMATIC TERMINATION.—A registration issued under this subsection shall automatically terminate if the practitioner no longer has an active registration under subsection (f) due to revocation, suspension, surrender, or other termination.

“(5) DEFINITION.—In this subsection, the term ‘registered location’ means, with respect to each registration issued to a practitioner under subsection (f), the address that appears on the certificate of registration.”.

Passed the House of Representatives July 12, 2017.

    Attest:karen l. haas,   
    Clerk

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