21 USC 823 - Registration requirements

U.S Code last checked for updates: Nov 22, 2024

§ 823.

Registration requirements

(a)

Manufacturers of controlled substances in schedule I or II

The Attorney General shall register an applicant to manufacture controlled substances in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. In determining the public interest, the following factors shall be considered:

(1)

maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule I or II compounded therefrom into other than legitimate medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes;

(2)

compliance with applicable State and local law;

(3)

promotion of technical advances in the art of manufacturing these substances and the development of new substances;

(4)

prior conviction record of applicant under Federal and State laws relating to the manufacture, distribution, or dispensing of such substances;

(5)

past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and

(6)

such other factors as may be relevant to and consistent with the public health and safety.

(b)

Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a controlled substance in schedule I or II unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

(1)

maintenance of effective control against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels;

(2)

compliance with applicable State and local law;

(3)

prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances;

(4)

past experience in the distribution of controlled substances; and

(5)

such other factors as may be relevant to and consistent with the public health and safety.

(c)

Manufacturers of marijuana for research purposes

(1)

(A)

As it relates to applications to manufacture marijuana for research purposes, when the Attorney General places a notice in the Federal Register to increase the number of entities registered under this chapter to manufacture marijuana to supply appropriately registered researchers in the United States, the Attorney General shall, not later than 60 days after the date on which the Attorney General receives a completed application—

(i)

approve the application; or

(ii)

request supplemental information.

(B)

For purposes of subparagraph (A), an application shall be deemed complete when the applicant has submitted documentation showing each of the following:

(i)

The requirements designated in the notice in the Federal Register are satisfied.

(ii)

The requirements under this chapter are satisfied.

(iii)

The applicant will limit the transfer and sale of any marijuana manufactured under this subsection—

(I)

to researchers who are registered under this chapter to conduct research with controlled substances in schedule I; and

(II)

for purposes of use in preclinical research or in a clinical investigation pursuant to an investigational new drug exemption under 355(i) 1

 So in original. Probably should be preceded by “section”.

of this title.

(iv)

The applicant will transfer or sell any marijuana manufactured under this subsection only with prior, written consent for the transfer or sale by the Attorney General.

(v)

The applicant has completed the application and review process under subsection (a) for the bulk manufacture of controlled substances in schedule I.

(vi)

The applicant has established and begun operation of a process for storage and handling of controlled substances in schedule I, including for inventory control and monitoring security in accordance with section 105 of the Medical Marijuana and Cannabidiol Research Expansion Act.

(vii)

The applicant is licensed by each State in which the applicant will conduct operations under this subsection, to manufacture marijuana, if that State requires such a license.

(C)

Not later than 30 days after the date on which the Attorney General receives supplemental information requested under subparagraph (A)(ii) with respect to an application, the Attorney General shall approve or deny the application.

(2)

If an application described in this subsection is denied, the Attorney General shall provide a written explanation of the basis of denial to the applicant.

(d)

Limits of authorized activities

(e)

Manufacturers of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to manufacture controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

(1)

maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule III, IV, or V compounded therefrom into other than legitimate medical, scientific, or industrial channels;

(2)

compliance with applicable State and local law;

(3)

promotion of technical advances in the art of manufacturing these substances and the development of new substances;

(4)

prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances;

(5)

past experience in the manufacture, distribution, and dispensing of controlled substances, and the existence in the establishment of effective controls against diversion; and

(6)

such other factors as may be relevant to and consistent with the public health and safety.

(f)

Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute controlled substances in schedule III, IV, or V, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

(1)

maintenance of effective controls against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels;

(2)

compliance with applicable State and local law;

(3)

prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances;

(4)

past experience in the distribution of controlled substances; and

(5)

such other factors as may be relevant to and consistent with the public health and safety.

(g)

Research by practitioners; pharmacies; research applications; construction of Article 7 of the Convention on Psychotropic Substances

(1)

The Attorney General shall register practitioners (including pharmacies, as distinguished from pharmacists) to dispense, or conduct research with, controlled substances in schedule II, III, IV, or V and shall modify the registrations of pharmacies so registered to authorize them to dispense controlled substances by means of the Internet, if the applicant is authorized to dispense, or conduct research with respect to, controlled substances under the laws of the State in which he practices. The Attorney General may deny an application for such registration or such modification of registration if the Attorney General determines that the issuance of such registration or modification would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

(A)

The recommendation of the appropriate State licensing board or professional disciplinary authority.

(B)

The applicant’s experience in dispensing, or conducting research with respect to controlled substances.

(C)

The applicant’s conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances.

(D)

Compliance with applicable State, Federal, or local laws relating to controlled substances.

(E)

Such other conduct which may threaten the public health and safety.

Separate registration under this part for practitioners engaging in research with controlled substances in schedule II, III, IV, or V, who are already registered under this part in another capacity, shall not be required.

(2)

(A)

Registration applications by practitioners wishing to conduct research with controlled substances in schedule I shall be referred to the Secretary, who shall determine the qualifications and competency of each practitioner requesting registration, as well as the merits of the research protocol. The Secretary, in determining the merits of each research protocol, shall consult with the Attorney General as to effective procedures to adequately safeguard against diversion of such controlled substances from legitimate medical or scientific use. Registration for the purpose of bona fide research with controlled substances in schedule I by a practitioner deemed qualified by the Secretary may be denied by the Attorney General only on a ground specified in section 824(a) of this title.

(B)

(i)

The Attorney General shall register a practitioner to conduct research with marijuana (including any derivative, extract, preparation, and compound thereof) if—

(I)

the applicant’s research protocol has been reviewed and allowed—

(aa)

by the Secretary of Health and Human Services under section 355(i) of this title;

(bb)

by the National Institutes of Health or another Federal agency that funds scientific research; or

(cc)

pursuant to sections 1301.18 and 1301.32 of title 21, Code of Federal Regulations, or any successors thereto; and

(II)

the applicant has demonstrated to the Attorney General that there are effective procedures in place to adequately safeguard against diversion of the controlled substance for legitimate medical or scientific use pursuant to section 105 of the Medical Marijuana and Cannabidiol Research Expansion Act, including demonstrating that the security measures are adequate for storing the quantity of marijuana the applicant would be authorized to possess.

(ii)

The Attorney General may deny an application for registration under this subparagraph only if the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the Attorney General shall consider the factors listed in—

(I)

subparagraphs (B) through (E) of paragraph (1); and

(II)

subparagraph (A) of paragraph (1), if the applicable State requires practitioners conducting research to register with a board or authority described in such subparagraph (A).

(iii)

(I)

Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this subparagraph, the Attorney General shall—

(aa)

approve the application; or

(bb)

request supplemental information.

(II)

For purposes of subclause (I), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under clause (i) are satisfied.

(iv)

Not later than 30 days after the date on which the Attorney General receives supplemental information as described in clause (iii)(I)(bb) in connection with an application described in this subparagraph, the Attorney General shall approve or deny the application.

(v)

If an application described in this subparagraph is denied, the Attorney General shall provide a written explanation of the basis of denial to the applicant.

(vi)

(I)

If the Attorney General grants an application for registration under clause (i), the registrant may amend or supplement the research protocol without notification to, or review by, the Drug Enforcement Administration if the registrant does not change—

(aa)

the quantity or type of marijuana or cannabidiol (including any derivative, extract, preparation, and compound thereof);

(bb)

the source of such marijuana or cannabidiol; or

(cc)

the conditions under which such marijuana or cannabidiol is stored, tracked, or administered.

(II)

(aa)

If a registrant under clause (i) seeks to change the type of marijuana or cannabidiol (including any derivative, extract, preparation, and compound thereof), the source of such marijuana or cannabidiol, or the conditions under which such marijuana or cannabidiol is stored, tracked, or administered, the registrant shall notify the Attorney General via registered mail, or an electronic means permitted by the Attorney General, not later than 30 days before implementing an amended or supplemental research protocol.

(bb)

A registrant may proceed with an amended or supplemental research protocol described in item (aa) if the Attorney General does not explicitly object during the 30-day period beginning on the date on which the Attorney General receives the notice under item (aa).

(cc)

The Attorney General may only object to an amended or supplemental research protocol under this subclause if additional security measures are needed to safeguard against diversion or abuse.

(dd)

If a registrant under clause (i) seeks to address additional security measures identified by the Attorney General under item (cc), the registrant shall notify the Attorney General via registered mail, or an electronic means permitted by the Attorney General, not later than 30 days before implementing an amended or supplemental research protocol.

(ee)

A registrant may proceed with an amended or supplemental research protocol described in item (dd) if the Attorney General does not explicitly object during the 30-day period beginning on the date on which the Attorney General receives the notice under item (dd).

(III)

(aa)

If a registrant under clause (i) seeks to change the quantity of marijuana needed for research and the change in quantity does not impact the factors described in item (bb) or (cc) of subclause (I) of this clause, the registrant shall notify the Attorney General via registered mail or using an electronic means permitted by the Attorney General.

(bb)

A notification under item (aa) shall include—

(AA)

the Drug Enforcement Administration registration number of the registrant;

(BB)

the quantity of marijuana or cannabidiol already obtained;

(CC)

the quantity of additional marijuana or cannabidiol needed to complete the research; and

(DD)

an attestation that the change in quantity does not impact the source of the marijuana or cannabidiol or the conditions under which the marijuana or cannabidiol is stored, tracked, or administered.

(cc)

The Attorney General shall ensure that—

(AA)

any registered mail return receipt with respect to a notification under item (aa) is submitted for delivery to the registrant providing the notification not later than 3 days after receipt of the notification by the Attorney General; and

(BB)

notice of receipt of a notification using an electronic means permitted under item (aa) is provided to the registrant providing the notification not later than 3 days after receipt of the notification by the Attorney General.

(dd)

(AA)

On and after the date described in subitem (BB), a registrant that submits a notification in accordance with item (aa) may proceed with the research as if the change in quantity has been approved on such date, unless the Attorney General notifies the registrant of an objection described in item (ee).

(BB)

The date described in this subitem is the date on which a registrant submitting a notification under item (aa) receives the registered mail return receipt with respect to the notification or the date on which the registrant receives notice that the notification using an electronic means permitted under item (aa) was received by the Attorney General, as the case may be.

(ee)

A notification submitted under item (aa) shall be deemed to be approved unless the Attorney General, not later than 10 days after receiving the notification, explicitly objects based on a finding that the change in quantity—

(AA)

does impact the source of the marijuana or cannabidiol or the conditions under which the marijuana or cannabidiol is stored, tracked, or administered; or

(BB)

necessitates that the registrant implement additional security measures to safeguard against diversion or abuse.

(IV)

Nothing in this clause shall limit the authority of the Secretary of Health and Human Services over requirements related to research protocols, including changes in—

(aa)

the method of administration of marijuana or cannabidiol;

(bb)

the dosing of marijuana or cannabidiol; and

(cc)

the number of individuals or patients involved in research.

(3)

Article 7 of the Convention on Psychotropic Substances shall not be construed to prohibit, or impose additional restrictions upon, research involving drugs or other substances scheduled under the convention which is conducted in conformity with this subsection and other applicable provisions of this subchapter.

(h)

Practitioners dispensing narcotic drugs for narcotic treatment; annual registration; separate registration; qualifications

Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment shall obtain annually a separate registration for that purpose. The Attorney General shall register an applicant to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment (or both)—

(1)

if the applicant is a practitioner who is determined by the Secretary to be qualified (under standards established by the Secretary) to engage in the treatment with respect to which registration is sought;

(2)

if the Attorney General determines that the applicant will comply with standards established by the Attorney General respecting (A) security of stocks of narcotic drugs for such treatment, and (B) the maintenance of records (in accordance with section 827 of this title) on such drugs; and

(3)

if the Secretary determines that the applicant will comply with standards established by the Secretary (after consultation with the Attorney General) respecting the quantities of narcotic drugs which may be provided for unsupervised use by individuals in such treatment.

(i)

Applicants for distribution of list I chemicals

The Attorney General shall register an applicant to distribute a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the distribution of a drug product that is exempted under clause (iv) or (v) of section 802(39)(A) of this title. In determining the public interest for the purposes of this subsection, the Attorney General shall consider—

(1)

maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels;

(2)

compliance by the applicant with applicable Federal, State, and local law;

(3)

any prior conviction record of the applicant under Federal or State laws relating to controlled substances or to chemicals controlled under Federal or State law;

(4)

any past experience of the applicant in the manufacture and distribution of chemicals; and

(5)

such other factors as are relevant to and consistent with the public health and safety.

(j)

Registration to manufacture certain controlled substances for use only in a clinical trial

(1)

For purposes of registration to manufacture a controlled substance under subsection (e) for use only in a clinical trial, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 824(c) of this title, not later than 180 days after the date on which the application is accepted for filing.

(2)

For purposes of registration to manufacture a controlled substance under subsection (a) for use only in a clinical trial, the Attorney General shall, in accordance with the regulations issued by the Attorney General, issue a notice of application not later than 90 days after the application is accepted for filing. Not later than 90 days after the date on which the period for comment pursuant to such notice ends, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 824(c) of this title, unless the Attorney General has granted a hearing on the application under section 958(i) of this title.

(k)

Emergency medical services that administer controlled substances

(1)

Registration

For the purpose of enabling emergency medical services professionals to administer controlled substances in schedule II, III, IV, or V to ultimate users receiving emergency medical services in accordance with the requirements of this subsection, the Attorney General—

(A)

shall register an emergency medical services agency if the agency submits an application demonstrating it is authorized to conduct such activity under the laws of each State in which the agency practices; and

(B)

may deny an application for such registration if the Attorney General determines that the issuance of such registration would be inconsistent with the requirements of this subsection or the public interest based on the factors listed in subsection (g).

(2)

Option for single registration

(3)

Hospital-based agency

(4)

Administration outside physical presence of medical director or authorizing medical professional

Emergency medical services professionals of a registered emergency medical services agency may administer controlled substances in schedule II, III, IV, or V outside the physical presence of a medical director or authorizing medical professional in the course of providing emergency medical services if the administration is—

(A)

authorized by the law of the State in which it occurs; and

(B)

pursuant to—

(i)

a standing order that is issued and adopted by one or more medical directors of the agency, including any such order that may be developed by a specific State authority; or

(ii)

a verbal order that is—

(I)

issued in accordance with a policy of the agency; and

(II)

provided by a medical director or authorizing medical professional in response to a request by the emergency medical services professional with respect to a specific patient—

(aa)

in the case of a mass casualty incident; or

(bb)

to ensure the proper care and treatment of a specific patient.

(5)

Delivery

A registered emergency medical services agency may deliver controlled substances from a registered location of the agency to an unregistered location of the agency only if the agency—

(A)

designates the unregistered location for such delivery; and

(B)

notifies the Attorney General at least 30 days prior to first delivering controlled substances to the unregistered location.

(6)

Storage

A registered emergency medical services agency may store controlled substances—

(A)

at a registered location of the agency;

(B)

at any designated location of the agency or in an emergency services vehicle situated at a registered or designated location of the agency; or

(C)

in an emergency medical services vehicle used by the agency that is—

(i)

traveling from, or returning to, a registered or designated location of the agency in the course of responding to an emergency; or

(ii)

otherwise actively in use by the agency under circumstances that provide for security of the controlled substances consistent with the requirements established by regulations of the Attorney General.

(7)

No treatment as distribution

(8)

Restocking of emergency medical services vehicles at a hospital

Notwithstanding paragraph (13)(J), a registered emergency medical services agency may receive controlled substances from a hospital for purposes of restocking an emergency medical services vehicle following an emergency response, and without being subject to the requirements of section 828 of this title, provided all of the following conditions are satisfied:

(A)

The registered or designated location of the agency where the vehicle is primarily situated maintains a record of such receipt in accordance with paragraph (9).

(B)

The hospital maintains a record of such delivery to the agency in accordance with section 827 of this title.

(C)

If the vehicle is primarily situated at a designated location, such location notifies the registered location of the agency within 72 hours of the vehicle receiving the controlled substances.

(9)

Maintenance of records

(A)

In general

(B)

Requirements

Such records—

(i)

shall include records of deliveries of controlled substances between all locations of the agency; and

(ii)

shall be maintained, whether electronically or otherwise, at each registered and designated location of the agency where the controlled substances involved are received, administered, or otherwise disposed of.

(10)

Other requirements

A registered emergency medical services agency, under the supervision of a medical director, shall be responsible for ensuring that—

(A)

all emergency medical services professionals who administer controlled substances using the agency’s registration act in accordance with the requirements of this subsection;

(B)

the recordkeeping requirements of paragraph (9) are met with respect to a registered location and each designated location of the agency;

(C)

the applicable physical security requirements established by regulation of the Attorney General are complied with wherever controlled substances are stored by the agency in accordance with paragraph (6); and

(D)

the agency maintains, at a registered location of the agency, a record of the standing orders issued or adopted in accordance with paragraph (9).

(11)

Regulations

The Attorney General may issue regulations—

(A)

specifying, with regard to delivery of controlled substances under paragraph (5)—

(i)

the types of locations that may be designated under such paragraph; and

(ii)

the manner in which a notification under paragraph (5)(B) must be made;

(B)

specifying, with regard to the storage of controlled substances under paragraph (6), the manner in which such substances must be stored at registered and designated locations, including in emergency medical service vehicles; and

(C)

addressing the ability of hospitals, emergency medical services agencies, registered locations, and designated locations to deliver controlled substances to each other in the event of—

(i)

shortages of such substances;

(ii)

a public health emergency; or

(iii)

a mass casualty event.

(12)

Rule of construction

Nothing in this subsection shall be construed—

(A)

to limit the authority vested in the Attorney General by other provisions of this subchapter to take measures to prevent diversion of controlled substances; or

(B)

to override the authority of any State to regulate the provision of emergency medical services consistent with this subsection.

(13)

Definitions

In this section:

(A)

The term “authorizing medical professional” means an emergency or other physician, or another medical professional (including an advanced practice registered nurse or physician assistant)—

(i)

who is registered under this chapter;

(ii)

who is acting within the scope of the registration; and

(iii)

whose scope of practice under a State license or certification includes the ability to provide verbal orders.

(B)

The term “designated location” means a location designated by an emergency medical services agency under paragraph (5).

(C)

The term “emergency medical services” means emergency medical response and emergency mobile medical services provided outside of a fixed medical facility.

(D)

The term “emergency medical services agency” means an organization providing emergency medical services, including such an organization that—

(i)

is governmental (including fire-based and hospital-based agencies), nongovernmental (including hospital-based agencies), private, or volunteer-based;

(ii)

provides emergency medical services by ground, air, or otherwise; and

(iii)

is authorized by the State in which the organization is providing such services to provide emergency medical care, including the administering of controlled substances, to members of the general public on an emergency basis.

(E)

The term “emergency medical services professional” means a health care professional (including a nurse, paramedic, or emergency medical technician) licensed or certified by the State in which the professional practices and credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services within the scope of the professional’s State license or certification.

(F)

The term “emergency medical services vehicle” means an ambulance, fire apparatus, supervisor truck, or other vehicle used by an emergency medical services agency for the purpose of providing or facilitating emergency medical care and transport or transporting controlled substances to and from the registered and designated locations.

(G)

The term “hospital-based” means, with respect to an agency, owned or operated by a hospital.

(H)

The term “medical director” means a physician who is registered under subsection (g) and provides medical oversight for an emergency medical services agency.

(I)

The term “medical oversight” means supervision of the provision of medical care by an emergency medical services agency.

(J)

The term “registered emergency medical services agency” means—

(i)

an emergency medical services agency that is registered pursuant to this subsection; or

(ii)

a hospital-based emergency medical services agency that is covered by the registration of the hospital under subsection (g).

(K)

The term “registered location” means a location that appears on the certificate of registration issued to an emergency medical services agency under this subsection or subsection (g), which shall be where the agency receives controlled substances from distributors.

(L)

The term “specific State authority” means a governmental agency or other such authority, including a regional oversight and coordinating body, that, pursuant to State law or regulation, develops clinical protocols regarding the delivery of emergency medical services in the geographic jurisdiction of such agency or authority within the State that may be adopted by medical directors.

(M)

The term “standing order” means a written medical protocol in which a medical director determines in advance the medical criteria that must be met before administering controlled substances to individuals in need of emergency medical services.

(N)

The term “verbal order” means an oral directive that is given through any method of communication including by radio or telephone, directly to an emergency medical services professional, to contemporaneously administer a controlled substance to individuals in need of emergency medical services outside the physical presence of the medical director or authorizing medical professional.

(l)

 So in original. Two subsecs. (l) have been enacted.

“Factors as may be relevant to and consistent with the public health and safety” defined

(l)

 ² Required training for prescribers

(1)

Training required

As a condition on registration under this section to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require any qualified practitioner, beginning with the first applicable registration for the practitioner, to meet the following:

(A)

If the practitioner is a physician (as defined under section 1395x(r) of title 42) and the practitioner meets one or more of the following conditions:

(i)

The physician holds a board certification in addiction psychiatry or addiction medicine from the American Board of Medical Specialties.

(ii)

The physician holds a board certification from the American Board of Addiction Medicine.

(iii)

The physician holds a board certification in addiction medicine from the American Osteopathic Association.

(iv)

The physician has, with respect to the treatment and management of patients with opioid or other substance use disorders, or the safe pharmacological management of dental pain and screening, brief intervention, and referral for appropriate treatment of patients with or at risk of developing opioid or other substance use disorders, completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by—

(I)

the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Dental Association, the American Association of Oral and Maxillofacial Surgeons, the American Psychiatric Association, or any other organization accredited by the Accreditation Council for Continuing Medical Education (ACCME) or the Commission for Continuing Education Provider Recognition (CCEPR);

(II)

any organization accredited by a State medical society accreditor that is recognized by the ACCME or the CCEPR;

(III)

any organization accredited by the American Osteopathic Association to provide continuing medical education; or

(IV)

any organization approved by the Assistant Secretary for Mental Health and Substance Use, the ACCME, or the CCEPR.

(v)

The physician graduated in good standing from an accredited school of allopathic medicine, osteopathic medicine, dental surgery, or dental medicine in the United States during the 5-year period immediately preceding the date on which the physician first registers or renews under this section and has successfully completed a comprehensive allopathic or osteopathic medicine curriculum or accredited medical residency or dental surgery or dental medicine curriculum that included not less than 8 hours of training on—

(I)

treating and managing patients with opioid or other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder; or

(II)

the safe pharmacological management of dental pain and screening, brief intervention, and referral for appropriate treatment of patients with or at risk of developing opioid and other substance use disorders.

(B)

If the practitioner is not a physician (as defined under section 1395x(r) of title 42), the practitioner is legally authorized by the State to dispense controlled substances under schedule II, III, IV, or V and is dispensing such substances within such State in accordance with all applicable State laws, and the practitioner meets one or more of the following conditions:

(i)

The practitioner has completed not fewer than 8 hours of training with respect to the treatment and management of patients with opioid or other substance use disorders (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practitioners, the American Academy of Physician Associates, or any other organization approved or accredited by the Assistant Secretary for Mental Health and Substance Use or the Accreditation Council for Continuing Medical Education.

(ii)

The practitioner has graduated in good standing from an accredited physician assistant school or accredited school of advanced practice nursing in the United States during the 5-year period immediately preceding the date on which the practitioner first registers or renews under this section and has successfully completed a comprehensive physician assistant or advanced practice nursing curriculum that included not fewer than 8 hours of training on treating and managing patients with opioid and other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder.

(2)

One-time training

(A)

In general

(B)

Notification

(3)

Rule of construction

Nothing in this subsection shall be construed—

(A)

to preclude the use, by a qualified practitioner, of training received pursuant to this subsection to satisfy registration requirements of a State or for some other lawful purpose; or

(B)

to preempt any additional requirements by a State related to the dispensing of controlled substances under schedule II, III, IV, or V.

(4)

Definitions

In this section:

(A)

First applicable registration

(B)

Qualified practitioner

In this subsection, the term “qualified practitioner” means a practitioner who—

(i)

is licensed under State law to prescribe controlled substances; and

(ii)

is not solely a veterinarian.

(Pub. L. 91–513, title II, § 303, Oct. 27, 1970, 84 Stat. 1253; Pub. L. 93–281, § 3, May 14, 1974, 88 Stat. 124; Pub. L. 95–633, title I, § 109, Nov. 10, 1978, 92 Stat. 3773; Pub. L. 98–473, title II, § 511, Oct. 12, 1984, 98 Stat. 2073; Pub. L. 103–200, § 3(c), Dec. 17, 1993, 107 Stat. 2336; Pub. L. 106–310, div. B, title XXXV, § 3502(a), Oct. 17, 2000, 114 Stat. 1222; Pub. L. 107–273, div. B, title II, § 2501, Nov. 2, 2002, 116 Stat. 1803; Pub. L. 109–56, § 1(a), (b), Aug. 2, 2005, 119 Stat. 591; Pub. L. 109–177, title VII, § 712(a)(3), Mar. 9, 2006, 120 Stat. 263; Pub. L. 109–469, title XI, § 1102, Dec. 29, 2006, 120 Stat. 3540; Pub. L. 110–425, § 3(b), Oct. 15, 2008, 122 Stat. 4824; Pub. L. 114–89, § 3, Nov. 25, 2015, 129 Stat. 701; Pub. L. 114–145, § 2(a)(1), Apr. 19, 2016, 130 Stat. 354; Pub. L. 114–198, title III, § 303(a)(1), (b), July 22, 2016, 130 Stat. 720, 723; Pub. L. 115–83, § 2, Nov. 17, 2017, 131 Stat. 1267; Pub. L. 115–271, title III, §§ 3201(a)–(d), 3202(a), Oct. 24, 2018, 132 Stat. 3943, 3944; Pub. L. 117–215, title I, §§ 101, 102(a), 103(a), Dec. 2, 2022, 136 Stat. 2258, 2260, 2261; Pub. L. 117–328, div. FF, title I, §§ 1262(a), 1263(a), Dec. 29, 2022, 136 Stat. 5681, 5683.)

cite as: 21 USC 823