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H.R. 4006 (105th): Lethal Drug Abuse Prevention Act of 1998

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

8/6/1998--Reported to House amended, Part I. Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense a controlled substance or a list I chemical is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked for dispensing or distributing a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual; or (2)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 such registration for such purpose. Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance for such purpose. Places upon the Attorney General the burden of proving, by clear and convincing evidence, in a proceeding to deny, revoke, or suspend a license, that the practitioner's intent was to cause or to assist in causing the suicide or euthanasia of any individual (but makes proof that the registrant knew that the use of such substance may increase the risk of death insufficient to meet such burden). Authorizes the practitioner to request review of the administrative record of such proceeding by the Medical Advisory Board on Pain Relief to be established by the Attorney General pursuant to this Act. Directs the Board, at the request of an applicant or registrant, to conduct such a review and issue an advisory opinion regarding whether a particular action at issue is an appropriate means to relieve pain or suffering that does not constitute a violation of this Act. Makes such opinion part of the administrative record which shall be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved.