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


The text of the bill below is as of Sep 18, 1998 (Reported by House Committee). The bill was not enacted into law.


Union Calendar No. 422
105th CONGRESS
  2d Session
                                H. R. 4006

                      [Report No. 105-683, Part I]

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 or euthanasia of any individual.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 1998

Mr. Hyde (for himself and Mr. Oberstar) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
     to the Committee on Commerce, 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

                             August 6, 1998

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             August 6, 1998

Referral to the Committee on Commerce extended for a period ending not 
                     later than September 18, 1998

                           September 18, 1998

  Additional sponsors: Mr. Hoekstra, Mr. Christensen, Mr. Pitts, Mr. 
 Istook, Mr. King, Mr. Rahall, Mr. Watts of Oklahoma, Mr. Tiahrt, Mr. 
 Stupak, Mr. Hill, Mr. Hutchinson, Mr. Lewis of Kentucky, Mr. Smith of 
 New Jersey, Mr. Talent, Mr. Coburn, Mr. McCollum, Mr. Ballenger, Mr. 
Cannon, Mr. Manzullo, Mr. Goodling, Mr. Kim, Mr. Crane, Mr. Nethercutt, 
   Mr. Bryant, Mr. Hastings of Washington, Mr. Barcia, Mr. Canady of 
Florida, Mr. Calvert, Mrs. Emerson, Mr. Chabot, Mr. Brady of Texas, Mr. 
 Snowbarger, Mr. Bob Schaffer of Colorado, Mr. Doyle, Mr. Peterson of 
   Minnesota, Mr. LaHood, Mrs. Myrick, Mr. Goodlatte, Mr. Pease, Mr. 
 Sununu, Ms. Pryce of Ohio, Mr. Weldon of Florida, Mr. Hostettler, Mr. 
  LaFalce, Mr. Sensenbrenner, Mrs. Northup, Mr. Forbes, Mr. Wamp, Mr. 
       Souder, Mr. Lucas of Oklahoma, Mr. Petri, and Mr. Everett
    Deleted sponsors: Mr. LaTourette (added June 16, 1998; deleted 
   September 10, 1998), and Ms. Roybal-Allard (added July 20, 1998; 
                      deleted September 11, 1998)

                           September 18, 1998

  Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 5, 
                                 1998]

_______________________________________________________________________

                                 A BILL


 
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 or euthanasia of any individual.

    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. 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) Additional Ground for Denial of Registration--Assisted 
Suicide.--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 or euthanasia of any individual, except 
        that this paragraph does not apply to the dispensing or 
        distribution of a controlled substance for the purpose of 
        alleviating 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'' the first place such term 
        appears.
    (c) Pain Relief.--Section 304(c) of the Controlled Substances Act 
(21 U.S.C. 824(c)) is amended--
            (1) by striking ``(c) Before'' and inserting the following:
    ``(c) Procedures.--
            ``(1) Order to show cause.--Before''; and
            (2) by adding at the end the following:
            ``(2) Assisted suicide.--
                    ``(A) Burden of proof.--At any proceeding under 
                paragraph (1), where the order to show cause is based 
                on subsection (a)(4) for denial, revocation, or 
                suspension of registration, the Attorney General shall 
                have the burden of proving, by clear and convincing 
                evidence, that the practitioner's intent was to 
                dispense or distribute a controlled substance with a 
                purpose of causing, or assisting in causing, the 
                suicide or euthanasia of any individual. In meeting 
                such burden it shall not be sufficient to prove that 
                the registrant knew that the use of the controlled 
                substance may increase the risk of death.
                    ``(B) Request for review by medical advisory board 
                on pain relief.--At any proceeding under paragraph (1), 
                where the order to show cause is based on subsection 
                (a)(4) for denial, revocation, or suspension of 
                registration, the practitioner may request, within 30 
                days after the receipt of the order to show cause, that 
                the Medical Advisory Board on Pain Relief review, in 
                accordance with paragraph (3), the administrative 
                record of such proceeding as it relates to subsection 
                (a)(4).
            ``(3) Medical advisory board on pain relief.--
                    ``(A) In general.--The Attorney General shall by 
                regulation establish a board to be known as the Medical 
                Advisory Board on Pain Relief (referred to in this 
                paragraph 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 
                        Pain Medicine, the American Pain Society, 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.--If in accordance with 
                paragraph (2)(B) an applicant or registrant requests a 
                review by the Board of the record of a proceeding under 
                paragraph (1), the Board shall review the 
                administrative record of such proceeding as it relates 
                to subsection (a)(4) and issue to the Attorney General 
                an advisory opinion as to whether the dispensing or 
                distribution of the controlled substance at issue in 
                the proceeding was for the purpose of alleviating pain 
                or discomfort in a manner that does not constitute a 
                violation of subsection (a)(4). The opinion of the 
                Board under this subparagraph shall be part of the 
                administrative record and shall be considered by the 
                Attorney General in determining whether to deny, 
                revoke, or suspend the registration involved.''.

SEC. 3. 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 or euthanasia 
of any individual is or 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).




                                                 Union Calendar No. 422

105th CONGRESS

  2d Session

                               H. R. 4006

                      [Report No. 105-683, Part I]

_______________________________________________________________________

                                 A BILL

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 or euthanasia of any individual.

_______________________________________________________________________

                           September 18, 1998

  Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed