bill.html

105th CONGRESS
2d Session
S. 2151

To clarify Federal law to prohibit the dispensing or distribution of a controlled substance for the purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual.

IN THE SENATE OF THE UNITED STATES

June 9, 1998

Mr. NICKLES (for himself, Mr. LOTT, Mr. COATS, Mr. INHOFE, Mr. HELMS, Mr. MURKOWSKI, Mr. GRAMS, Mr. FAIRCLOTH, Mr. BOND, Mr. ENZI, Mr. SESSIONS, Mr. HAGEL, and Mr. COVERDELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary.

A BILL

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 "Lethal Drug Abuse Prevention Act of 1998".

SEC. 2. FINDINGS; PURPOSES.

(a) FINDINGS- Congress finds that

(1) the use of certain narcotics and other dangerous drugs is generally prohibited under the Controlled Substances Act;

(2) under the Controlled Substances Act and implementing regulations, an exception to this general prohibition permits the dispensing and distribution of certain controlled substances by properly registered physicians for legitimate medical purposes;

(3) the dispensing or distribution of controlled substances to assist suicide is not a legitimate medical purpose and should not be construed to be permissible under the Controlled Substances Act;

(4) the dispensing or distribution of certain controlled substances for the purpose of relieving pain and discomfort is a legitimate medical purpose under the Controlled Substances Act and physicians should not hesitate to dispense or distribute them for that purpose when medically indicated; and

(5) for the reasons set forth in section 101 of the Controlled Substances Act (21 U.S.C. 801), the dispensing and distribution of controlled substances for any purpose, including that of assisting suicide, affects interstate commerce.

(b) PURPOSES- The purposes of this Act are

(1) to provide explicitly that Federal law is not intended to license the dispensing or distribution of a controlled substance with a purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual; and

(2) to encourage physicians to prescribe controlled substances as medically appropriate in order to relieve pain and discomfort, by reducing unwarranted concerns that their registration to prescribe controlled substances will thereby be put at risk, if there is no intent to cause a patient's death.

SEC. 3. LETHAL DRUG ABUSE PREVENTION.

(a) DENIAL OF REGISTRATION- Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following:

"(i) DENIAL OF REGISTRATION- The Attorney General shall determine that registration of an applicant under this section is inconsistent with the public interest if

"(1) during the 5-year period immediately preceding the date on which the application is submitted under this section, the registration of the applicant under this section was revoked under section 304(a)(4); or

"(2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using the registration to take any action that would constitute a violation of section 304(a)(4)."

(b) SUSPENSION OR REVOCATION OF REGISTRATION-

(1) IN GENERAL- Section 304(a) of the Controlled Substances Act (21 U.S.C. 824(a)) is amended

(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(B) by inserting after paragraph (3) the following:

"(4) has intentionally dispensed or distributed a controlled substance with a purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual, except that this paragraph does not apply to the dispensing or distribution of a controlled substance for the purpose of relieving pain or discomfort (even if the use of the controlled substance may increase the risk of death), so long as the controlled substance is not also dispensed or distributed for the purpose of causing, or assisting in causing, the death of an individual for any reason;".

(2) CONFORMING AMENDMENT- Section 304(a)(5) of the Controlled Substances Act (21 U.S.C. 824(a)(5)) (as redesignated by paragraph (1) of this subsection) is amended by inserting "other" after "such."

(1) by striking "(c) Before" and inserting the following:

"(c) PROCEDURES-

"(1) ORDER TO SHOW CAUSE- After any hearing under paragraph (2), and before"; and

(2) by adding at the end the following:

"(2) MEDICAL REVIEW BOARD ON PAIN RELIEF-

"(A) IN GENERAL- The Attorney General shall by regulation establish a board to be known as the Medical Review Board on Pain Relief (referred to in this subsection as the "Board").

"(B) MEMBERSHIP- The Attorney General shall appoint the members of the Board

"(i) from among individuals who, by reason of specialized education or substantial relevant experience in pain management, are clinical experts with knowledge regarding standards, practices, and guidelines concerning pain relief; and

"(ii) after consultation with the American Medical Association, the American Academy of Hospice and Palliative Medicine, the National Hospice Organization, the American Geriatrics Society, and such other entities with relevant expertise concerning pain relief, as the Attorney General determines to be appropriate.

"(C) DUTIES OF BOARD-

"(i) HEARING- If an applicant or registrant claims that any action (or, in the case of a proposed denial under section 303(i)(2), any potential action) that is a basis of a proposed denial under section 303(i), or a proposed revocation or suspension under subsection (a)(4) of this section, is an appropriate means to relieve pain that does not constitute a violation of subsection (a)(4) of this section, the applicant or registrant may seek a hearing before the Board on that issue.

"(ii) FINDINGS- Based on a hearing under clause (i), the Board shall make findings regarding whether the action at issue is an appropriate means to relieve pain that does not constitute a violation of subsection (a)(4). The findings of the Board under this clause shall be admissible in any hearing pursuant to an order to show cause under paragraph (1)."

SEC. 4. CONSTRUCTION.

(a) IN GENERAL- Nothing in this Act or the amendments made by this Act shall be construed to imply that the dispensing or distribution of a controlled substance before the date of enactment of this Act for the purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual is not a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.).

(b) INCORPORATED DEFINITIONS- In this section, the terms " controlled substance," "dispense," and "distribute" have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).