Sec. 601. State demonstration grants for comprehensive opioid abuse response
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/bill/113/hr/5845/ih/section-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section— the term civil liability protection law means a State law that protects from civil liability individuals who give aid on a voluntary basis in an emergency to individuals who are ill, in peril, or otherwise incapacitated; the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); the term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— for use on the premises on which the substance is dispensed; in a hospital emergency room, when the substance is in short supply; for a certified opioid treatment program; or in other situations as the Attorney General may reasonably determine; the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; and the term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ).
Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— by adding subsection 1177i and inserting the following: The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative.
A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include— prevention and education efforts around heroin and opioid use, treatment, and recovery; a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall include— data sharing with other States by statute, regulation, or interstate agreement; educating physicians, residents, medical students, and other prescribers of schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State; developing, implementing, or expanding the prescription drug and opioid addiction treatment program of the State by— expanding programs for medication-assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers; developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction, including contingency management, cognitive behavioral therapy, and motivational enhancements; or developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; and developing, implementing, and expanding programs to prevent overdose death of prescription medications and opioids.
A State desiring a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. An application for a planning grant under this section shall, at a minimum, include— a budget and a budget justification for the activities to be carried out using the grant; a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities; outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and a description of the personnel necessary to complete such activities.
A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section. A planning grant under this section may not exceed $100,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan. A State desiring an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines.
A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses. An integrated opioid abuse response program carried out using an implementation grant under this section shall— ensure that each prescriber of a schedule II, III, or IV controlled substance in the State— registers with the prescription drug monitoring program of the State; and consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance; ensure that each dispenser of a schedule II, III, or IV controlled substance in the State— registers with the prescription drug monitoring program of the State; consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier; require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms; if informational reports provided to a prescriber under clause
(iii)indicate that the prescriber is repeatedly falling outside of expected norms, direct the prescriber to educational resources on appropriate prescribing of controlled substances; ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms, as described in clause (iii); require consultation with the Single State Authority for Substance Abuse; and establish requirements for how data will be collected and analyzed to determine the effectiveness of the program. An implementation grant under this section shall be for a period of 2 years. The amount of an implementation grant under this section may not exceed $5,000,000 except that the Attorney General may, for good cause, approve a grant in a higher amount. In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that— provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— enacting legislation that provides such civil liability protection; or providing a certification by the attorney general of the State that the attorney general has— reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and concluded that the law described in subclause
(I)provides adequate civil liability protection applicable to such persons; have in effect legislation or implement a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for an individual who is incarcerated for a period of fewer than 2 years; have a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub; ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected. . There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2016 through 2020.
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Sec. 601
State demonstration grants for comprehensive opioid abuse response
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