--- kind: "diff" citation: "H.R. 4709" bill: "113-hr-4709" heading: "Ensuring Patient Access and Effective Drug Enforcement Act of 2014" from: "ih" from_label: "Introduced in House" to: "eh" to_label: "Engrossed in House" sections_amended: 2 sections_added: 0 sections_removed: 0 url: "https://uscodex.org/bills/113/hr/4709/changes/eh" --- # H.R. 4709 — what changed H.R. 4709, Ensuring Patient Access and Effective Drug Enforcement Act of 2014 — 2 sections amended between Introduced in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Sec. 2 Registration process under Controlled Substances Act - (a) Definitions— - (1) Consistent Factors as may be relevant to and consistent with the public health and safety— Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: - “(j) “(i) In this section, the phrase “consistent “factors as may be relevant to and consistent with the public health and safety” means having a substantial relationship factors that are relevant to this Act’s purpose of preventing diversion and abuse of controlled substances.”consistent with the findings contained in section 101.” - (2) Imminent danger—danger to the public health or safety— Section 304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended— - (A) by striking “(d) The Attorney General” and inserting “(d)(1) The Attorney General”; and - (B) by adding at the end the following: - “(2) In this subsection, the term phrase imminent danger means a significant and present risk of death or serious bodily harm that is more likely than not to occur the public health or safety means that, in the absence of an immediate suspension order.”order, controlled substances— - “(A) will continue to be intentionally distributed or dispensed— - “(i) outside the usual course of professional practice; or - “(ii) in a manner that poses a present or foreseeable risk of serious adverse health consequences or death; or - “(B) will continue to be intentionally diverted outside of legitimate distribution channels.” - (b) Opportunity To submit corrective action plan prior to revocation or suspension— Section 304(c) Subsection (c) of section 304 of the Controlled Substances Act (21 U.S.C. 824(c)) 824) is amended— - (1) by striking the last two sentences in such subsection; - (2) [was (3)(3)] by striking “(c) Before” and inserting “(c)(1) Before”; and - (3) [was (3)(4)] by adding at the end the following: - “(2) An order to show cause under paragraph (1) shall— - “(A) contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated by the applicant or registrant; - “(B) direct the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but no less than thirty days after the date of receipt of the order; and - “(C) notify the applicant or registrant of the opportunity to submit a corrective action plan on or before the date of appearance. - “(3) Upon review of any corrective action plan submitted by an applicant or registrant pursuant to paragraph (2), the Attorney General shall determine whether denial, revocation or suspension proceedings should be discontinued, or deferred for the purposes of modification, amendment, or clarification to such plan. - “(4) Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. - “(5) The requirements of this subsection shall not apply to the issuance of an immediate suspension order under subsection (d).” - “(2) Before revoking or suspending a registration pursuant to section 303, the Attorney General shall— - “(A) provide— - “(i) notice to the registrant of the grounds for revocation or suspension; and - “(ii) in the case of any such grounds consisting of a violation of law, a specific citation to such law; - “(B) give the registrant an opportunity to submit a corrective action plan within a reasonable period of time to demonstrate how the registrant plans to correct the grounds for revocation or suspension; and - “(C) determine whether— - “(i) in light of the plan, revocation or suspension proceedings should be discontinued or deferred; or - “(ii) additional changes need to be made in the corrective action plan.” ## Sec. 3 Report to Congress on effects of law enforcement activities on patient access to medications - (a) In general— Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Drug Enforcement Administration and the Director of National Drug Control Policy, shall submit a report to the Congress—Committees on the Judiciary of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Health, Education, Labor and Pensions of the Senate identifying— - (1) assessing how obstacles to legitimate patient access to medications could be adversely impacted by Federal and State law enforcement activities; andcontrolled substances; - (2) identifying how collaboration between agencies and stakeholders can benefit patients and prevent issues with diversion and abuse of controlled substances.substances; and - (3) how collaboration between Federal, State, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances. - (b) Consultation— The report under subsection (a) shall incorporate feedback and recommendations from the following: - (1) Patient groups. - (2) Pharmacies. - (3) Manufacturers of drugs.Drug manufacturers. - (4) Common or contract carriers and warehousemen. - (5) Hospitals, physicians, and other health care providers. - (6) State attorneys general. - (7) Law enforcement officials, including local Federal, State, local, and tribal law enforcement officials.agencies. - (8) Health benefit plans insurance providers and entities that provide pharmacy benefit management services on behalf of a health benefit plan.insurance provider. - (9) Wholesale drug distributors.