Servicemembers and Veterans Prescription Drug Safety Act of 2016

H.R. 4635 · 114th Congress · Feb 26, 2016 · Lineage

A BILL

To provide for a prescription drug take-back program for members of the Armed Forces and veterans, and for other purposes.

Section 1 Short title

This Act may be cited as the “Servicemembers and Veterans Prescription Drug Safety Act of 2016”.

Sec. 2 Prescription drug take-back program for members of the Armed Forces and their dependents

(a)

Definitions— In this section:

(1)

Covered beneficiary— The term covered beneficiary has the meaning given that term in section 1072 of title 10, United States Code.

(2)

Covered controlled substance— The term covered controlled substance means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(3)

Dependent— The term dependent has the meaning given that term in section 1072 of title 10, United States Code.

(4)

Eligible person— The term eligible person means—

(A)

a member of the Armed Forces;

(B)

an individual who is receiving or is entitled to receive retired or retainer pay under chapter 71 of title 10, United States Code;

(C)

a dependent of a member of the Armed Forces, if that dependent is a covered beneficiary in receipt of health care services under chapter 55 of title 10, United States Code; and

(D)

any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (C) who dies while lawfully in possession of a covered controlled substance for personal use.

(5)

Program— The term program means the program established under subsection (b)(1).

(6)

Secretary— The term Secretary means the Secretary of Defense.

(b)

Program required—

(1)

In general— The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2).

(2)

Delivery of controlled substances— Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program.

(c)

Prevention of abuse— In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program.

(d)

Administration of program—

(1)

Regulations— Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program.

(2)

Implementation— Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program.

Sec. 3 Prescription drug take-back program for veterans and their dependents

(a)

Definitions— In this section:

(1)

(2)

Eligible person— The term eligible person means—

(A)

a veteran;

(B)

the spouse of a veteran, if the spouse is in receipt of medical services under laws administered by the Secretary;

(C)

a dependent of a veteran, if the dependent is in receipt of medical services under laws administered by the Secretary;

(D)

a person described in section 2(a)(4) who is in receipt of medical services at a facility of the Department of Veterans Affairs; and

(E)

any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (D) who dies while lawfully in possession of a covered controlled substance for personal use.

(3)

Program— The term program means the program established under subsection (b)(1).

(4)

Secretary— The term Secretary means the Secretary of Veterans Affairs.

(5)

Veteran— The term veteran has the meaning given that term in section 101 of title 38, United States Code.

(b)