---
kind: "section"
citation: "42 U.S.C. § 290ee–3"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290ee–3"
heading: "State demonstration grants for comprehensive opioid abuse response"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290ee-3"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part D — Miscellaneous Provisions Relating to Substance Abuse and Mental Health"
---

# §290ee–3. State demonstration grants for comprehensive opioid abuse response

- (a) **Definitions—** In this section:
  - (1) **Dispenser—** The term “dispenser” has the meaning given the term in [section 802 of title 21](/usc/21/802.md).
  - (2) **Prescriber—** The term “prescriber” means a dispenser who prescribes a [controlled substance](/usc/42/11851.md?p=2), or the agent of such a dispenser.
  - (3) **Prescriber of a schedule II, III, or IV controlled substance—** The term “prescriber of a schedule II, III, or IV [controlled substance](/usc/42/11851.md?p=2)” does not include a prescriber of a schedule II, III, or IV [controlled substance](/usc/42/11851.md?p=2) that dispenses the substance—
    - (A) for use on the premises on which the substance is dispensed;
    - (B) in a [hospital](/usc/42/300s–3.md?p=1) emergency room, when the substance is in short supply;
    - (C) for a certified opioid [treatment](/usc/42/11851.md?p=11) [program](/usc/42/274l–1.md?p=4); or
    - (D) in other situations as the [Secretary](/usc/42/201.md?p=c) may reasonably determine.
  - (4) **Schedule II, III, or IV controlled substance—** The term “schedule II, III, or IV [controlled substance](/usc/42/11851.md?p=2)” means a [controlled substance](/usc/42/11851.md?p=2) that is listed on schedule II, schedule III, or schedule IV of [section 812(c) of title 21](/usc/21/812.md?p=c).
- (b) **Grants for comprehensive opioid abuse response—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall award grants to [States](/usc/42/201.md?p=f), and combinations of [States](/usc/42/201.md?p=f), to implement an integrated opioid abuse response initiative.
  - (2) **Purposes—** A [State](/usc/42/201.md?p=f) receiving a grant under this section shall establish a comprehensive response plan to opioid abuse, which may include—
    - (A) education efforts around opioid use, [treatment](/usc/42/11851.md?p=11), and addiction recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV [controlled substances](/usc/42/11851.md?p=2) on relevant prescribing guidelines, the prescription [drug](/usc/42/11851.md?p=4) monitoring [program](/usc/42/274l–1.md?p=4) of the [State](/usc/42/201.md?p=f) described in [subparagraph (B)](#b-2-B), and overdose prevention methods;
    - (B) establishing, maintaining, or improving a comprehensive prescription [drug](/usc/42/11851.md?p=4) monitoring [program](/usc/42/274l–1.md?p=4) to track dispensing of schedule II, III, or IV [controlled substances](/usc/42/11851.md?p=2), which may—
      - (i) provide for data sharing with other [States](/usc/42/201.md?p=f); and
      - (ii) allow all individuals authorized by the [State](/usc/42/201.md?p=f) to write prescriptions for schedule II, III, or IV [controlled substances](/usc/42/11851.md?p=2) to access the prescription [drug](/usc/42/11851.md?p=4) monitoring [program](/usc/42/274l–1.md?p=4) of the [State](/usc/42/201.md?p=f);
    - (C) developing, implementing, or expanding prescription [drug](/usc/42/11851.md?p=4) and opioid addiction [treatment](/usc/42/11851.md?p=11) [programs](/usc/42/274l–1.md?p=4) by—
      - (i) expanding the availability of [treatment](/usc/42/11851.md?p=11) for prescription [drug](/usc/42/11851.md?p=4) and opioid addiction, including medication-assisted [treatment](/usc/42/11851.md?p=11) and behavioral health therapy, as appropriate;
      - (ii) developing, implementing, or expanding screening for individuals in [treatment](/usc/42/11851.md?p=11) for prescription [drug](/usc/42/11851.md?p=4) and opioid addiction for hepatitis C and HIV, and treating or referring those individuals if clinically appropriate; or
      - (iii) developing, implementing, or expanding recovery support [services](/usc/42/201.md?p=a) and [programs](/usc/42/274l–1.md?p=4) at high [schools](/usc/42/300j–21.md?p=6) or institutions of higher education;
    - (D) developing, implementing, and expanding efforts to prevent overdose death from opioid abuse or addiction to prescription medications and opioids; and
    - (E) advancing the education and awareness of the public, [providers](/usc/42/299b–21.md?p=8), patients, consumers, and other appropriate entities regarding the dangers of opioid abuse, safe [disposal](/usc/42/2021b.md?p=7) of prescription medications, and detection of early warning signs of opioid use disorders.
  - (3) **Application—** A [State](/usc/42/201.md?p=f) seeking a grant under this section shall submit to the [Secretary](/usc/42/201.md?p=c) an application in such form, and containing such information, as the [Secretary](/usc/42/201.md?p=c) may reasonably require.
  - (4) **Use of funds—** A [State](/usc/42/201.md?p=f) that receives a grant under this section shall use the grant for the cost, including the cost for technical assistance, training, and administration expenses, of carrying out an integrated opioid abuse response initiative as outlined by the [State](/usc/42/201.md?p=f)’s comprehensive response plan to opioid abuse established under [paragraph (2)](#b-2).
  - (5) **Priority considerations—** In awarding grants under this section, the [Secretary](/usc/42/201.md?p=c) shall, as appropriate, give priority to a [State](/usc/42/201.md?p=f) that—
    - (A)
      - (i) provides civil liability protection for first responders, health professionals, and [family members](/usc/42/300gg–91.md?p=d-15) who have received appropriate training in administering a [drug](/usc/42/11851.md?p=4) or device approved or cleared under the Federal Food, [Drug](/usc/42/11851.md?p=4), and Cosmetic Act [[21 U.S.C. 301](/usc/21/301.md) et seq.] for emergency [treatment](/usc/42/11851.md?p=11) of known or suspected opioid overdose; and
      - (ii) submits to the [Secretary](/usc/42/201.md?p=c) a certification by the attorney general of the [State](/usc/42/201.md?p=f) that the attorney general has—
        - (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, [family members](/usc/42/300gg–91.md?p=d-15), and other individuals who—
          - (aa) have received appropriate training in administering a [drug](/usc/42/11851.md?p=4) or device approved or cleared under the Federal Food, [Drug](/usc/42/11851.md?p=4), and Cosmetic Act for emergency [treatment](/usc/42/11851.md?p=11) of known or suspected opioid overdose; and
          - (bb) may administer a [drug](/usc/42/11851.md?p=4) or device approved or cleared under the Federal Food, [Drug](/usc/42/11851.md?p=4), and Cosmetic Act for emergency [treatment](/usc/42/11851.md?p=11) of known or suspected opioid overdose; and
        - (II) concluded that the law described in [subclause (I)](#b-5-A-ii-I) provides adequate civil liability protection applicable to such persons;
    - (B) has a process for enrollment in [services](/usc/42/201.md?p=a) and benefits necessary by criminal justice [agencies](/usc/42/8262.md?p=1) to initiate or continue [treatment](/usc/42/11851.md?p=11) in the community, under which an individual who is incarcerated may, while incarcerated, enroll in [services](/usc/42/201.md?p=a) and benefits that are necessary for the individual to continue [treatment](/usc/42/11851.md?p=11) upon release from incarceration;
    - (C) ensures the capability of data sharing with other [States](/usc/42/201.md?p=f), where applicable, such as by making data available to a prescription monitoring hub;
    - (D) ensures that data recorded in the prescription [drug](/usc/42/11851.md?p=4) monitoring [program](/usc/42/274l–1.md?p=4) database of the [State](/usc/42/201.md?p=f) are regularly updated, to the extent possible;
    - (E) ensures that the prescription [drug](/usc/42/11851.md?p=4) monitoring [program](/usc/42/274l–1.md?p=4) of the [State](/usc/42/201.md?p=f) notifies prescribers and dispensers of schedule II, III, or IV [controlled substances](/usc/42/11851.md?p=2) when overuse or misuse of such [controlled substances](/usc/42/11851.md?p=2) by patients is suspected; and
    - (F) has in effect one or more statutes or implements policies that maximize use of prescription [drug](/usc/42/11851.md?p=4) monitoring [programs](/usc/42/274l–1.md?p=4) by individuals authorized by the [State](/usc/42/201.md?p=f) to prescribe schedule II, III, or IV [controlled substances](/usc/42/11851.md?p=2).
  - (6) **Evaluation—** In conducting an evaluation of the [program](/usc/42/274l–1.md?p=4) under this section pursuant to [section 701](/usc/42/701.md) of the Comprehensive Addiction and Recovery Act of 2016, with respect to a [State](/usc/42/201.md?p=f), the [Secretary](/usc/42/201.md?p=c) shall report on [State](/usc/42/201.md?p=f) legislation or policies related to maximizing the use of prescription [drug](/usc/42/11851.md?p=4) monitoring [programs](/usc/42/274l–1.md?p=4) and the incidence of opioid use disorders and overdose deaths in such [State](/usc/42/201.md?p=f).
  - (7) **States with local prescription drug monitoring programs—**
    - (A) **In general—** In the case of a [State](/usc/42/201.md?p=f) that does not have a prescription [drug](/usc/42/11851.md?p=4) monitoring [program](/usc/42/274l–1.md?p=4), a county or other unit of local government within the [State](/usc/42/201.md?p=f) that has a prescription [drug](/usc/42/11851.md?p=4) monitoring [program](/usc/42/274l–1.md?p=4) shall be treated as a [State](/usc/42/201.md?p=f) for purposes of this section, including for purposes of eligibility for grants under [paragraph (1)](#b-1).
    - (B) **Plan for interoperability—** In submitting an application to the [Secretary](/usc/42/201.md?p=c) under [paragraph (3)](#b-3), a county or other unit of local government shall submit a plan outlining the methods such county or unit of local government shall use to ensure the capability of data sharing with other counties and units of local government within the [state](/usc/42/201.md?p=f)[^1] and with other [States](/usc/42/201.md?p=f), as applicable.
- (c) **Authorization of funding—** For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021.

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(July 1, 1944, ch. 373, title V, § 548, as added Pub. L. 114–198, title VI, § 601, July 22, 2016, 130 Stat. 732.)

## Notes

### Editorial Notes

### References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(5)(A)(i), (ii)(I), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

Section 701 of the Comprehensive Addiction and Recovery Act of 2016, referred to in subsec. (b)(6), is section 701 of Pub. L. 114–198, which enacted sections 290aa–15 and 290aa–16 of this title, sections 10706 and 10707 of Title 34, Crime Control and Law Enforcement, and provisions set out as a note under section 290aa–15 of this title.

### Prior Provisions

A prior section 290ee–3, act July 1, 1944, ch. 373, title V, § 548, formerly Pub. L. 92–255, title IV, § 408, Mar. 21, 1972, 86 Stat. 79, as amended Pub. L. 93–282, title III, § 303(a), (b), May 14, 1974, 88 Stat. 137, 138; Pub. L. 94–237, § 4(c)(5)(A), Mar. 19, 1976, 90 Stat. 244; Pub. L. 94–581, title I, § 111(c)(3), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 97–35, title IX, § 973(d), Aug. 13, 1981, 95 Stat. 598; renumbered § 527 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98–24, § 2(b)(16)(B), 97 Stat. 182; Aug. 27, 1986, Pub. L. 99–401, title I, § 106(b), 100 Stat. 907; renumbered § 548, July 22, 1987, Pub. L. 100–77, title VI, § 611(2), 101 Stat. 516; June 13, 1991, Pub. L. 102–54, § 13(q)(1)(A)(iii), (B)(ii), 105 Stat. 278, which related to confidentiality of patient records for drug abuse programs, was omitted in the general revision of this part by Pub. L. 102–321. See section 290dd–2 of this title.

### Statutory Notes and Related Subsidiaries

### Grant Program for the State and Tribal Response to the Opioid Abuse Crisis

Pub. L. 114–255, div. A, title I, § 1003, Dec. 13, 2016, 130 Stat. 1044, as amended by Pub. L. 115–271, title VII, § 7181(a), Oct. 24, 2018, 132 Stat. 4068, which related to grant program to address opioid abuse crisis within States and Indian Tribes, was amended generally by Pub. L. 117–328, div. FF, title I, § 1273, Dec. 29, 2022, 136 Stat. 5688, and transferred to section 290ee–3a of this title.