State demonstration grants for comprehensive opioid abuse response

42 U.S.C. § 290ee–3
in effect
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(a) DefinitionsIn this section:(1) DispenserThe term “dispenser” has the meaning given the term in section 802 of title 21. (2) PrescriberThe term “prescriber” means a dispenser who prescribes a controlled substance, or the agent of such a dispenser. (3) Prescriber of a schedule II, III, or IV controlled substanceThe term “prescriber of a schedule II, III, or IV controlled substance” does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance—(A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Secretary may reasonably determine. (4) Schedule II, III, or IV controlled substanceThe term “schedule II, III, or IV controlled substance” means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 812(c) of title 21. (b) Grants for comprehensive opioid abuse response(1) In generalThe Secretary shall award grants to States, and combinations of States, to implement an integrated opioid abuse response initiative. (2) PurposesA State 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, and addiction recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV controlled substances on relevant prescribing guidelines, the prescription drug monitoring program of the State described in subparagraph (B), and overdose prevention methods; (B) establishing, maintaining, or improving a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which may—(i) provide for data sharing with other States; and (ii) allow all individuals authorized by the State to write prescriptions for schedule II, III, or IV controlled substances to access the prescription drug monitoring program of the State; (C) developing, implementing, or expanding prescription drug and opioid addiction treatment programs by—(i) expanding the availability of treatment for prescription drug and opioid addiction, including medication-assisted treatment and behavioral health therapy, as appropriate; (ii) developing, implementing, or expanding screening for individuals in treatment for prescription drug 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 and programs at high schools 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, patients, consumers, and other appropriate entities regarding the dangers of opioid abuse, safe disposal of prescription medications, and detection of early warning signs of opioid use disorders. (3) ApplicationA State seeking a grant under this section shall submit to the Secretary an application in such form, and containing such information, as the Secretary may reasonably require. (4) Use of fundsA State 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’s comprehensive response plan to opioid abuse established under paragraph (2). (5) Priority considerationsIn awarding grants under this section, the Secretary shall, as appropriate, give priority to a State that—(A)(i) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] for emergency treatment of known or suspected opioid overdose; and (ii) submits to the Secretary a certification by the attorney general of the State 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, and other individuals who—(aa) have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and (bb) may administer a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) has a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (C) ensures the capability of data sharing with other States, where applicable, such as by making data available to a prescription monitoring hub; (D) ensures that data recorded in the prescription drug monitoring program database of the State are regularly updated, to the extent possible; (E) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected; and (F) has in effect one or more statutes or implements policies that maximize use of prescription drug monitoring programs by individuals authorized by the State to prescribe schedule II, III, or IV controlled substances. (6) EvaluationIn conducting an evaluation of the program under this section pursuant to section 701 of the Comprehensive Addiction and Recovery Act of 2016, with respect to a State, the Secretary shall report on State legislation or policies related to maximizing the use of prescription drug monitoring programs and the incidence of opioid use disorders and overdose deaths in such State. (7) States with local prescription drug monitoring programs(A) In generalIn the case of a State that does not have a prescription drug monitoring program, a county or other unit of local government within the State that has a prescription drug monitoring program shall be treated as a State for purposes of this section, including for purposes of eligibility for grants under paragraph (1). (B) Plan for interoperabilityIn submitting an application to the Secretary under paragraph (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 11 So in original. Probably should be capitalized. and with other States, as applicable. (c) Authorization of fundingFor the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021.

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