Fraudulent Prescription Prevention Act of 2011 - Amends the Controlled Substances Act to prohibit the Attorney General from registering a practitioner to dispense or conduct research with a schedule II or III controlled substance unless the practitioner agrees to comply with this Act's requirements.
Requires a practitioner, at the time of prescribing such substances to submit to the Attorney General by means of a web portal: (1) the patient's name, date of birth, and address; (2) the date and time of the prescription; (3) the name and amount of the substance prescribed; (4) the practitioner's Drug Enforcement Administration (DEA) registration number and contact information; and (5) the prescription pad number. Makes exceptions if the practitioner is prescribing a controlled substance in a medical emergency situation or does not have access to the web portal (in which case the practitioner may make the required submissions within seven days).
Requires a practitioner to submit the same information before dispensing such a controlled substance, as well as whether the dispensing constitutes a refill of a prescription. Requires a practitioner who declines to dispense such a controlled substance to submit information that would have been required to be reported if the substance had been dispensed and any reason to suspect that the individual attempting to purchase the substance was acting pursuant to fraud.
Directs the Attorney General to establish and maintain a web portal and database that allows a practitioner to submit such information and that communicates an alert to the practitioner if circumstances exist that indicate the patient or purchaser is attempting to unlawfully divert or misuse a controlled substance. Limits disclosure of database information.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1266 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1266
To amend the Controlled Substances Act to improve detection of the
fraudulent abuse of prescriptions to obtain controlled substances in
schedule II or III, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2011
Mr. Grimm introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to improve detection of the
fraudulent abuse of prescriptions to obtain controlled substances in
schedule II or III, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fraudulent Prescription Prevention
Act of 2011''.
SEC. 2. FRAUDULENT PRESCRIPTION PREVENTION.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following:
``(i) Fraudulent Prescription Prevention.--
``(1) Registration requirement.--The Attorney General may
not register a practitioner to dispense, or conduct research
with, a controlled substance in schedule II or III unless the
practitioner agrees to comply with the requirements of this
subsection.
``(2) Reporting applicable to prescribing.--
``(A) In general.--At the time of prescribing a
controlled substance in schedule II or III, a
practitioner shall, by means of the web portal under
paragraph (4), submit the following information to the
Attorney General:
``(i) The name, date of birth, and address
of the patient.
``(ii) The date and time of the
prescription.
``(iii) The name and amount of the
substance prescribed.
``(iv) The practitioner's Drug Enforcement
Administration registration number.
``(v) The practitioner's contact
information.
``(vi) If applicable, the prescription pad
number.
``(B) Exceptions.--
``(i) Medical emergency situation.--
Subparagraph (A) does not apply if the
practitioner is prescribing a controlled
substance in a medical emergency situation.
``(ii) Inconvenience.--If a practitioner
does not have access to the web portal under
paragraph (4) at the time of prescribing a
controlled substance, the practitioner may make
the submissions required by subparagraph (A) up
to 7 days after the time of such prescribing.
``(3) Reporting applicable to dispensing.--
``(A) In general.--Before dispensing a controlled
substance in schedule II or III, a practitioner shall,
by means of the web portal under paragraph (4), submit
the following information to the Attorney General:
``(i) Each item of information required to
be reported under paragraph (2) in connection
with prescribing the substance.
``(ii) The name, date of birth, and address
of the purchaser of the substance.
``(iii) The date and time of the dispensing
of the substance.
``(iv) The name and amount of the substance
being dispensed.
``(v) Whether the dispensing constitutes a
refill of a prescription.
``(vi) The practitioner's Drug Enforcement
Administration registration number.
``(vii) The practitioner's contact
information.
``(B) Declining to dispense.--At the time of
declining to dispense a controlled substance in
schedule II or III, a practitioner shall, by means of
the web portal under paragraph (4), submit the
following information to the Attorney General:
``(i) To the extent feasible, each item of
information that would have been required to be
reported under subparagraph (A) if the
substance had been dispensed.
``(ii) Any reason to suspect that the
individual attempting to purchase the substance
was acting pursuant to fraud.
``(4) Web portal.--The Attorney General shall establish and
maintain a web portal that--
``(A) allows a practitioner to submit information
to the Attorney General in accordance with paragraph
(2) or (3), as applicable; and
``(B) at the time of such submission, communicates
an alert to the practitioner if--
``(i) the patient or purchaser has
repeatedly refilled the same prescription or
prescriptions for the same controlled
substance;
``(ii) the patient or purchaser has
attempted to obtain or fill the same
prescription or multiple prescriptions for the
same controlled substance within the preceding
30 days;
``(iii) the patient or purchaser has a
history of purchasing controlled substances in
schedule II or III at multiple pharmacies;
``(iv) the patient or purchaser has a
history of purchasing such controlled
substances in multiple States;
``(v) the purchaser is attempting to
purchase a controlled substance using a
prescription pad number that has been reported
as missing or stolen; or
``(vi) any other circumstance exists that,
as determined by the Attorney General,
indicates an increased possibility that the
patient or purchaser is attempting to
unlawfully divert or misuse a controlled
substance.
``(5) Database.--The Attorney General shall establish and
maintain a database containing the information reported under
paragraphs (2) and (3).
``(6) Disclosure of information.--The Attorney General may
disclose the information reported under paragraphs (2) and (3)
only as follows:
``(A) The Attorney General may make such
disclosures as may be necessary in order to communicate
alerts to practitioners under paragraph (4)(B).
``(B) The Attorney General may disclose information
reported under paragraph (2) or (3) to any local,
State, or Federal law enforcement, narcotics control,
licensure, disciplinary, or program authority who
certifies that the information is related to an
individual investigation or proceeding involving the
unlawful diversion or misuse of a controlled substance
in schedule II or III, and such information will
further the purpose of the investigation or assist in
the proceeding.
``(C) The Attorney General may, on request,
disclose information reported under paragraph (2) or
(3), or any summary or analysis thereof, to any person
or agency if--
``(i) the information, summary, or analysis
is not individually identifiable; and
``(ii) the person or agency requesting the
information, summary, or analysis provides
satisfactory assurances that it will be used
for research.
``(7) Funding.--The only amounts authorized to be
appropriated to carry out this subsection are amounts in the
Diversion Control Fee Account established by section 111(b) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (Public Law 102-
395).''.
(b) Applicability Date.--Paragraphs (1), (2), and (3) of section
303(i) of the Controlled Substances Act, as added by subsection (a),
apply beginning on the date on which the Attorney General publishes in
the Federal Register a determination that the web portal and database
required by paragraphs (4) and (5) of such section are fully
operational.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line