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S. 1272 (106th): Pain Relief Promotion Act of 1999

The text of the bill below is as of Jun 23, 1999 (Introduced).


S 1272 IS

106th CONGRESS

1st Session

S. 1272

To amend the Controlled Substances Act to promote pain management and palliative care without permitting assisted suicide and euthanasia, and for other purposes.

IN THE SENATE OF THE UNITED STATES

June 23, 1999

Mr. NICKLES (for himself, Mr. LIEBERMAN, Mr. LOTT, Mr. ABRAHAM, Mr. ALLARD, Mr. BROWNBACK, Mr. COVERDELL, Mr. HAGEL, Mr. INHOFE, Mr. CRAIG, and Mr. SESSIONS) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To amend the Controlled Substances Act to promote pain management and palliative care without permitting assisted suicide and euthanasia, 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 ‘Pain Relief Promotion Act of 1999’.

TITLE I--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED SUBSTANCES ACT

SEC. 101. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF CONTROLLED SUBSTANCES.

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

    ‘(i)(1) For purposes of this Act and any regulations to implement this Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if the use of such a substance may increase the risk of death. Nothing in this section authorizes intentionally dispensing, distributing, or administering a controlled substance for the purpose of causing death or assisting another person in causing death.

    ‘(2) Notwithstanding any other provision of this Act, in determining whether a registration is consistent with the public interest under this Act, the Attorney General shall give no force and effect to State law authorizing or permitting assisted suicide or euthanasia.

    ‘(3) Paragraph (2) applies only to conduct occurring after the date of enactment of this subsection.’.

SEC. 102. EDUCATION AND TRAINING PROGRAMS.

    Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a)) is amended--

      (1) by striking ‘and’ at the end of paragraph (5);

      (2) by striking the period at the end of paragraph (6) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(7) educational and training programs for local, State, and Federal personnel, incorporating recommendations by the Secretary of Health and Human Services, on the necessary and legitimate use of controlled substances in pain management and palliative care, and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use.’.

TITLE II--PROMOTING PALLIATIVE CARE

SEC. 201. ACTIVITIES OF AGENCY FOR HEALTH CARE POLICY AND RESEARCH.

    Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following:

‘SEC. 906. PROGRAM FOR PALLIATIVE CARE RESEARCH AND QUALITY.

    ‘(a) IN GENERAL- The Administrator shall carry out a program to accomplish the following:

      ‘(1) Develop and advance scientific understanding of palliative care.

      ‘(2) Collect and disseminate protocols and evidence-based practices regarding palliative care, with priority given to pain management for terminally ill patients, and make such information available to public and private health care programs and providers, health professions schools, and hospices, and to the general public.

    ‘(b) DEFINITION- For purposes of this section, the term ‘palliative care’ means the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. The purpose of such care is to alleviate pain and other distressing symptoms and to enhance the quality of life, not to hasten or postpone death.’.

SEC. 202. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.

    (a) IN GENERAL- Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.), as amended by section 103 of Public Law 105-392 (112 Stat. 3541), is amended--

      (1) by redesignating sections 754 through 757 as sections 755 through 758, respectively; and

      (2) by inserting after section 753 the following section:

‘SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PALLIATIVE CARE.

    ‘(a) IN GENERAL- The Secretary, in consultation with the Administrator for Health Care Policy and Research, may make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in palliative care.

    ‘(b) PRIORITIES- In making awards under subsection (a), the Secretary shall give priority to awards for the implementation of programs under such subsection.

    ‘(c) CERTAIN TOPICS- An award may be made under subsection (a) only if the applicant for the award agrees that the program carried out with the award will include information and education on--

      ‘(1) means for alleviating pain and discomfort of patients, especially terminally ill patients, including the medically appropriate use of controlled substances;

      ‘(2) applicable laws on controlled substances, including laws permitting health care professionals to dispense or administer controlled substances as needed to relieve pain even in cases where such efforts may unintentionally increase the risk of death; and

      ‘(3) recent findings, developments, and improvements in the provision of palliative care.

    ‘(d) PROGRAM SITES- Education and training under subsection (a) may be provided at or through health professions schools, residency training programs and other graduate programs in the health professions, entities that provide continuing medical education, hospices, and such other programs or sites as the Secretary determines to be appropriate.

    ‘(e) EVALUATION OF PROGRAMS- The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such programs on knowledge and practice regarding palliative care.

    ‘(f) PEER REVIEW GROUPS- In carrying out section 799(f) with respect to this section, the Secretary shall ensure that the membership of each peer review group involved includes one or more individuals with expertise and experience in palliative care.

    ‘(g) DEFINITION- For purposes of this section, the term ‘palliative care’ means the active total care of patients whose prognosis is limited due to progressive, far-advanced disease. The purpose of such care is to alleviate pain and other distressing symptoms and to enhance the quality of life, not to hasten or postpone death.’.

    (b) AUTHORIZATION OF APPROPRIATIONS; ALLOCATION-

      (1) IN GENERAL- Section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section) is amended in subsection (b)(1)(C) by striking ‘sections 753, 754, and 755’ and inserting ‘section 753, 754, 755, and 756’.

      (2) AMOUNT- With respect to section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section), the dollar amount specified in subsection (b)(1)(C) of such section is deemed to be increased by $5,000,000.

SEC. 203. EFFECTIVE DATE.

    The amendments made by this title take effect October 1, 1999, or on the date of the enactment of this Act, whichever occurs later.