H.R. 2988 (ih) To direct the Secretary of the Interior, through the Bureau of Reclamation, to conserve and enhance the water supplies of the Lower Rio Grande Valley. [Introduced in House] ...

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SEC. 202. MAIL ORDER REQUIREMENTS.

    Section 310(b)(3) of the Controlled Substances Act (21 U.S.C. 
830(b)(3)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively;
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following new subparagraph (A):
        ``(A) As used in this paragraph:
                    ``(i) The term `drug product' means an active 
                ingredient in dosage form that has been approved or 
                otherwise may be lawfully marketed under the Food, 
                Drug, and Cosmetic Act for distribution in the United 
                States.
                    ``(ii) The term `valid prescription' means a 
                prescription which is issued for a legitimate medical 
                purpose by an individual practitioner licensed by law 
                to administer and prescribe the drugs concerned and 
                acting in the usual course of the practitioner's 
                professional practice.'';
            (3) in subparagraph (B), as so redesignated, by inserting 
        ``or who engages in an export transaction'' after 
        ``nonregulated person''; and
            (4) adding at the end the following:
            ``(D) Except as provided in subparagraph (E), the following 
        distributions to a nonregulated person, and the following 
        export transactions, shall not be subject to the reporting 
        requirement in subparagraph (B):
                    ``(i) Distributions of sample packages of drug 
                products when such packages contain not more than 2 
                solid dosage units or the equivalent of 2 dosage units 
                in liquid form, not to exceed 10 milliliters of liquid 
                per package, and not more than one package is 
                distributed to an individual or residential address in 
                any 30-day period.
                    ``(ii) Distributions of drug products by retail 
                distributors that may not include face-to-face 
                transactions to the extent that such distributions are 
                consistent with the activities authorized for a retail 
                distributor as specified in section 102(46).
                    ``(iii) Distributions of drug products to a 
                resident of a long term care facility (as that term is 
                defined in regulations prescribed by the Attorney 
                General) or distributions of drug products to a long 
                term care facility for dispensing to or for use by a 
                resident of that facility.
                    ``(iv) Distributions of drug products pursuant to a 
                valid prescription.
                    ``(v) Exports which have been reported to the 
                Attorney General pursuant to section 1004 or 1018 or 
                which are subject to a waiver granted under section 
                1018(e)(2).
                    ``(vi) Any quantity, method, or type of 
                distribution or any quantity, method, or type of 
                distribution of a specific listed chemical (including 
                specific formulations or drug products) or of a group 
                of listed chemicals (including specific formulations or 
                drug products) which the Attorney General has excluded 
                by regulation from such reporting requirement on the 
                basis that such reporting is not necessary for the 
                enforcement of this title or title III.
            ``(E) The Attorney General may revoke any or all of the 
        exemptions listed in subparagraph (D) for an individual 
        regulated person if he finds that drug products distributed by 
        the regulated person are being used in violation of this title 
        or title III. The regulated person shall be notified of the 
        revocation, which will be effective upon receipt by the person 
        of such notice, as provided in section 1018(c)(1), and shall 
        have the right to an expedited hearing as provided in section 
        1018(c)(2).''.

SEC. 203. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA FOR PURPOSES OF 
              ILLICIT PRODUCTION OF CONTROLLED SUBSTANCES.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

                          ``anhydrous ammonia

    ``Sec. 423. (a) It is unlawful for any person--
            ``(1) to steal anhydrous ammonia, or
            ``(2) to transport stolen anhydrous ammonia across State 
        lines,
knowing, intending, or having reasonable cause to believe that such 
anhydrous ammonia will be used to manufacture a controlled substance in 
violation of this part.
    ``(b) Any person who violates subsection (a) shall be imprisoned or 
fined, or both, in accordance with section 403(d) as if such violation 
were a violation of a provision of section 403.''.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by inserting after the item relating to section 421 the 
following new items:

``Sec. 422. Drug paraphernalia.
``Sec. 423. Anhydrous ammonia.''.
    (c) Assistance for Certain Research.--
            (1) Agreement.--The Administrator of the Drug Enforcement 
        Administration shall seek to enter into an agreement with Iowa 
        State University in order to permit the University to continue 
        and expand its current research into the development of inert 
        agents that, when added to anhydrous ammonia, eliminate the 
        usefulness of anhydrous ammonia as an ingredient in the 
        production of methamphetamine.
            (2) Reimbursable provision of funds.--The agreement under 
        paragraph (1) may provide for the provision to Iowa State 
        University, on a reimbursable basis, of $500,000 for purposes 
        the activities specified in that paragraph.
            (3) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for the Drug Enforcement 
        Administration for fiscal year 2001, $500,000 for purposes of 
        carrying out the agreement under this subsection.

                       Subtitle B--Other Matters

SEC. 211. WAIVER AUTHORITY FOR PHYSICIANS WHO DISPENSE OR PRESCRIBE 
              CERTAIN NARCOTIC DRUGS FOR MAINTENANCE TREATMENT OR 
              DETOXIFICATION TREATMENT.

    (a) Requirements.--Section 303(g) of the Controlled Substances Act 
(21 U.S.C. 823(g)) is amended--
            (1) in paragraph (2), by striking ``(A) security'' and 
        inserting ``(i) security'', and by striking ``(B) the 
        maintenance'' and inserting ``(ii) the maintenance'';
            (2) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;
            (3) by inserting ``(1)'' after ``(g)'';
            (4) by striking ``Practitioners who dispense'' and 
        inserting ``Except as provided in paragraph (2), practitioners 
        who dispense or prescribe''; and
            (5) by adding at the end the following:
    ``(2)(A) Subject to subparagraph (D), the requirements of paragraph 
(1) are waived in the case of the dispensing or prescribing, by a 
physician, of narcotic drugs in schedule III, IV, or V, or combinations 
of such drugs, if the physician meets the conditions specified in 
subparagraph (B) and the narcotic drugs or combinations of such drugs 
meet the conditions specified in subparagraph (C).
    ``(B)(i) For purposes of subparagraph (A), the conditions specified 
in this subparagraph with respect to a physician are that, before 
initially dispensing or prescribing narcotic drugs in schedule III, IV, 
or V, or combinations of such drugs, to patients for maintenance or 
detoxification treatment, the physician submit to the Secretary and the 
Attorney General a notification of the intent of the physician to begin 
dispensing or prescribing the drugs or combinations for such purpose, 
and that the notification to the Secretary also contain the following 
certifications by the physician:
            ``(I) The physician--
                    ``(aa) is a physician licensed under State law; and
                    ``(bb) has training or experience and the ability 
                to treat and manage opiate-dependent patients.
            ``(II) With respect to patients to whom the physician will 
        provide such drugs or combinations of drugs, the physician has 
        the capacity to refer the patients for appropriate counseling 
        and other appropriate ancillary services.
            ``(III) In any case in which the physician is not in a 
        group practice, the total number of such patients of the 
        physician at any one time will not exceed the applicable 
        number. For purposes of this subclause, the applicable number 
        is 30, except that the Secretary may by regulation change such 
        total number.
            ``(IV) In any case in which the physician is in a group 
        practice, the total number of such patients of the group 
        practice at any one time will not exceed the applicable number. 
        For purposes of this subclause, the applicable number is 30, 
        except that the Secretary may by regulation change such total 
number, and the Secretary for such purposes may by regulation establish 
different categories on the basis of the number of physicians in a 
group practice and establish for the various categories different 
numerical limitations on the number of such patients that the group 
practice may have.
    ``(ii)(I) The Secretary may, in consultation with the Administrator 
of the Drug Enforcement Administration, the Administrator of the 
Substance Abuse and Mental Health Services Administration, the Director 
of the Center for Substance Abuse Treatment, the Director of the 
National Institute on Drug Abuse, and the Commissioner of Food and 
Drugs, issue regulations through notice and comment rulemaking or 
practice guidelines to address the following:
            ``(aa) Approval of additional credentialing bodies and the 
        responsibilities of additional credentialing bodies.
            ``(bb) Additional exemptions from the requirements of this 
        paragraph and any regulations under this paragraph.
    ``(II) Nothing in the regulations or practice guidelines under this 
clause may authorize any Federal official or employee to exercise 
supervision or control over the practice of medicine or the manner in 
which medical services are provided.
    ``(III)(aa) The Secretary shall issue a Treatment Improvement 
Protocol containing best practice guidelines for the treatment and 
maintenance of opiate-dependent patients. The Secretary shall develop 
the protocol in consultation with the Director of the National 
Institute on Drug Abuse, the Director of the Center for Substance Abuse 
Treatment, the Administrator of the Drug Enforcement Administration, 
the Commissioner of Food and Drugs, the Administrator of the Substance 
Abuse and Mental Health Services Administration, and other substance 
abuse disorder professionals. The protocol shall be guided by science.
    ``(bb) The protocol shall be issued not later than 120 days after 
the date of the enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000.
    ``(IV) For purposes of the regulations or practice guidelines under 
subclause (I), a physician shall have training or experience under 
clause (i)(I)(bb) if the physician meets one or more of the following 
conditions:
            ``(aa) The physician is certified in addiction treatment by 
        the American Society of Addiction Medicine, the American Board 
        of Medical Specialties, the American Osteopathic Academy of 
        Addiction Medicine, or any other certified body accredited by 
        the Secretary.
            ``(bb) The physician has been a clinical investigator in a 
        clinical trial conducted for purposes of securing approval 
        under section 505 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 355) or section 351 of the Public Health Service Act 
        (42 U.S.C. 262) of a narcotic drug in schedule III, IV, or V 
        for the treatment of addiction, if such approval was granted.
            ``(cc) The physician has completed training (through 
        classroom situations, seminars, professional society meetings, 
        electronic communications, or otherwise) provided by the 
        American Society of Addiction Medicine, the American Academy of 
        Addiction Psychiatry, the American Osteopathic Academy of 
        Addiction Medicine, the American Medical Association, the 
        American Osteopathic Association, the American Psychiatric 
        Association, or any other organization that the Secretary 
        determines appropriate for purposes of this item. The curricula 
        may include training in patient need for counseling regarding 
        HIV, Hepatitis C, and other infectious diseases, substance 
        abuse counseling, random drug testing, medical evaluation, 
        annual assessment, prenatal care, diagnosis of addiction, 
        rehabilitation services, confidentiality, and other appropriate 
        topics.
            ``(dd) The physician has training or experience in the 
        treatment and management of opiate-dependent patients, which 
        training or experience shall meet such criteria as the 
        Secretary may prescribe. Any such criteria shall be effective 
        for a period of three years after the effective date of such 
        criteria, but the Secretary may extend the effective period of 
        such criteria by additional periods of three years for each 
        extension if the Secretary determines that such extension is 
        appropriate for purposes of this item. Any such extension shall 
        go into effect only if the Secretary publishes a notice of such 
        extension in the Federal Register during the 30-day period 
        ending on the date of the end of the three-year effective 
        period of such criteria to which such extension will apply.
            ``(ee) The physician is certified in addiction treatment by 
        a State medical licensing board, or an entity accredited by 
        such board, unless the Secretary determines (after an 
        opportunity for a hearing) that the training provided by such 
        board or entity was inadequate for the treatment and management 
        of opiate-dependent patients.
    ``(C) For purposes of subparagraph (A), the conditions specified in 
this subparagraph with respect to narcotic drugs in schedule III, IV, 
or V, or combinations of such drugs, are as follows:
            ``(i) The drugs or combinations of drugs have, under the 
        Federal Food, Drug and Cosmetic Act or section 351 of the 
        Public Health Service Act, been approved for use in maintenance 
        or detoxification treatment.
            ``(ii) The drugs or combinations of drugs have not been the 
        subject of an adverse determination. For purposes of this 
        clause, an adverse determination is a determination published 
        in the Federal Register and made by the Secretary, after 
        consultation with the Attorney General, that experience since 
        the approval of the drug or combinations of drugs has shown 
        that the use of the drugs or combinations of drugs for 
        maintenance or detoxification treatment requires additional 
        standards respecting the qualifications of physicians to 
        provide such treatment, or requires standards respecting the 
        quantities of the drugs that may be provided for unsupervised 
        use.
    ``(D)(i) A waiver under subparagraph (A) with respect to a 
physician is not in effect unless (in addition to conditions under 
subparagraphs (B) and (C)) the following conditions are met:
            ``(I) The notification under subparagraph (B) is in writing 
        and states the name of the physician.
            ``(II) The notification identifies the registration issued 
        for the physician pursuant to subsection (f).
            ``(III) If the physician is a member of a group practice, 
        the notification states the names of the other physicians in 
        the practice and identifies the registrations issued for the 
        other physicians pursuant to subsection (f).
            ``(IV) A period of 45 days has elapsed after the date on 
        which the notification was submitted, and during such period 
        the physician does not receive from the Secretary a written 
        notice that one or more of the conditions specified in 
        subparagraph (B), subparagraph (C), or this subparagraph, have 
        not been met.
    ``(ii) The Secretary shall provide to the Attorney General such 
information contained in notifications under subparagraph (B) as the 
Attorney General may request.
    ``(E) If in violation of subparagraph (A) a physician dispenses or 
prescribes narcotic drugs in schedule III, IV, or V, or combinations of 
such drugs, for maintenance treatment or detoxification treatment, the 
Attorney General may, for purposes of section 304(a)(4), consider the 
physician to have committed an act that renders the registration of the 
physician pursuant to subsection (f) to be inconsistent with the public 
interest.
    ``(F)(i) Upon determining that a physician meets the conditions 
specified in subparagraph (B), the Secretary shall notify the physician 
and the Attorney General.
    ``(ii) Upon receiving notice with respect to a physician under 
clause (i), the Attorney General shall assign the physician an 
identification number under this paragraph for inclusion with the 
physician's current registration to prescribe narcotics. An 
identification number assigned a physician under this clause shall be 

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