105th CONGRESS 2d Session.S. 2151
To clarify Federal law to prohibit the dispensing dispensing
provision of drugs or medicines as set out properly on a lawful prescription. A prescription can only be filled, the drugs supplied, by a registered pharmacist, veterinarian, dentist or member of the medical profession. or distribution of a controlled substance controlled substance n. a drug which has been declared by federal or state law to be illegal for sale or use, but may be dispensed under a physician's prescription. for the purpose of causing, or assisting in causing, the suicide, euthanasia euthanasia (y'thənā`zhə), either painlessly putting to death or failing to prevent death from natural causes in cases of terminal illness or irreversible coma. , or mercy killing mercy killing: see euthanasia. of any individual.
IN THE SENATE OF THE UNITED STATES United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. June 9, 1998
Mr. NICKLES (for himself, Mr. LOTT LOTT Lead on the Target (goal setting) , Mr. COATS, Mr. INHOFE, Mr. HELMS, Mr. MURKOWSKI, Mr. GRAMS, Mr. FAIRCLOTH, Mr. BOND, Mr. ENZI, Mr. SESSIONS, Mr. HAGEL, and Mr. COVERDELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary Committee on the Judiciary may mean:
To clarify Federal law to prohibit the dispensing or distribution of a controlled substance for the purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual.
Be it enacted by the Senate and House of Representatives of the United States of America UNITED STATES OF AMERICA. The name of this country. The United States, now thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Lethal Drug Abuse Prevention Act of 1998".
SEC. 2. FINDINGS; PURPOSES.
(a) FINDINGS Congress finds that--
(1) the use of certain narcotics narcotics n. 1) techinically, drugs which dull the senses. 2) a popular generic term for drugs which cannot be legally possessed, sold, or transported except for medicinal uses for which a physician or dentist's prescription is required. and other dangerous drugs is generally prohibited under the Controlled Substances Act Controlled Substances Act /Con·trolled Sub·stan·ces Act/ a federal law that regulates the prescribing and dispensing of psychoactive drugs, including narcotics, hallucinogens, depressants, and stimulants. ;
(2) under the Controlled Substances Act and Implementing regulations, an exception to this general prohibition permits the dispensing and distribution of certain controlled substances by properly registered physicians for legitimate medical purposes;
(3) the dispensing or distribution of controlled substances to assist suicide is not a legitimate medical purpose and should not be construed to be permissible under the Controlled Substances Act;
(4) the dispensing or distribution of certain controlled substances for the purpose of relieving pain and discomfort is a legitimate medical purpose under the Controlled Substances Act and physicians should not hesitate to dispense dispense /dis·pense/ (-pens´) to prepare medicines for and distribute them to their users.
To prepare and give out medicines. or distribute them for that purpose when medically indicated; and
(5) for the reasons set forth in section 101 of the Controlled Substances Act (21 U.S.C. 801), the dispensing and distribution of controlled substances for any purpose, including that of assisting suicide, affects interstate commerce interstate commerce
In the U.S., any commercial transaction or traffic that crosses state boundaries or that involves more than one state. Government regulation of interstate commerce is founded on the commerce clause of the Constitution (Article I, section 8), which .
(b) PURPOSES- The purposes of this Act are--
(1) to provide explicitly that Federal law is not intended to license the dispensing or distribution of a controlled substance with a purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual; and
(2) to encourage physicians to prescribe pre·scribe
To give directions, either orally or in writing, for the preparation and administration of a remedy to be used in the treatment of a disease. controlled substances as medically appropriate in order to relieve pain and discomfort, by reducing unwarranted concerns that their registration to prescribe controlled substances will thereby be put at risk, if there is no intent to cause a patient's death.
SEC. 3. LETHAL DRUG ABUSE PREVENTION.
(a) DENIAL OF REGISTRATION- Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following:
"(i) DENIAL OF REGISTRATION- The Attorney General shall determine that registration of an applicant under this section is inconsistent with the public interest if--
"(1) during the 5-year period immediately preceding the date on which the application is submitted under this section, the registration of the applicant under this section was revoked under section 304(a)(4); or
"(2) the Attorney General determines, based on clear and convincing evidence clear and convincing evidence n. evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case. (See: beyond a reasonable doubt) , that the applicant is applying for the registration with the intention of using the registration to take any action that would constitute a violation of section 304(a)(4)."
(b) SUSPENSION OR REVOCATION The recall of some power or authority that has been granted.
Revocation by the act of a party is intentional and voluntary, such as when a person cancels a Power of Attorney that he has given or a will that he has written. OF REGISTRATION-
(1) IN GENERAL- Section 304(a) of the Controlled Substances Act (21 U.S.C. 824(a)) is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) has intentionally dispensed dis·pense
v. dis·pensed, dis·pens·ing, dis·pens·es
1. To deal out in parts or portions; distribute. See Synonyms at distribute.
2. To prepare and give out (medicines).
3. or distributed a controlled substance with a purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual, except that this paragraph does not apply to the dispensing or distribution of a controlled substance for the purpose of relieving pain or discomfort (even if the use of the controlled substance may increase the risk of death), so long as the controlled substance is not also dispensed or distributed for the purpose of causing, or assisting in causing, the death of an individual for any reason;"
(2) CONFORMING AMENDMENT- Section 304(a)(5) of the Controlled Substances Act (21 U.S.C. 824(a)(5)) (as redesignated by paragraph (1) of this subsection subsection
any of the smaller parts into which a section may be divided
Noun 1. subsection - a section of a section; a part of a part; i.e. ) is amended by inserting "other" after "such."
(c) PAIN RELIEF- Section 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended--
(1) by striking "(c) Before" and inserting the following:
"(1) ORDER TO SHOW CAUSE- After any hearing under paragraph (2), and before"; and
(2) by adding at the end the following:
"(2) MEDICAL REVIEW BOARD ON PAIN RELIEF"(A)
"(A) IN GENERAL- The Attorney General shall by regulation establish a board to be known as the Medical Review Board on Pain Relief (referred to in this subsection as the "Board").
"(B) MEMBERSHIP- The Attorney General shall appoint the members of the Board--
"(i) from among individuals who, by reason of specialized education or substantial relevant experience in pain management, are clinical experts with knowledge regarding standards, practices, and guidelines concerning pain relief; and "(ii) after consultation with the American Medical Association, the American Academy of Hospice and Palliative Medicine, the National Hospice Organization, the American Geriatrics Society, and such other entities with relevant expertise concerning pain relief, as the Attorney General determines to be appropriate.
"(C) DUTIES OF BOARD-
"(i) HEARING- If an applicant or registrant claims that any action (or, in the case of a proposed denial under section 303(i)(2), any potential action) that is a basis of a proposed denial under section 303(i), or a proposed revocation or suspension under subsection (a)(4) of this section, is an appropriate means to relieve pain that does not constitute a violation of subsection (a)(4) of this section, the applicant or registrant may seek a hearing before the Beard on that issue. "(ii) FINDINGS- Based on a hearing under clause (i), the Board shall make findings regarding whether the action at issue is an appropriate means to relieve pain that does not constitute a violation of subsection (a)(4). The findings of the Board under this clause shall be admissible in any hearing pursuant to an order to show cause under paragraph (1)."
SEC. 4. CONSTRUCTION.
(a) IN GENERAL Nothing in this Act or the amendments made by this Act shall be construed to imply that the dispensing or distribution of a controlled substance before the date of enactment of this Act for the purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual is not a violation of the Controlled Substances Act (21 U.S.C. 801 et seq et seq. (et seek) n. abbreviation for the Latin phrase et sequentes meaning "and the following." It is commonly used by lawyers to include numbered lists, pages or sections after the first number is stated, as in "the rules of the road are found in Vehicle Code .).
(b) INCORPORATED DEFINITIONS- In this section, the terms "controlled substance," "dispense," and "distribute" have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).