42 USC 290ee-3 - State demonstration grants for comprehensive opioid abuse response

U.S Code last checked for updates: Feb 22, 2025

§ 290ee–3.

State demonstration grants for comprehensive opioid abuse response

(a)

Definitions

In this section:

(1)

Dispenser

(2)

Prescriber

(3)

Prescriber of a schedule II, III, or IV controlled substance

The term “prescriber of a schedule II, III, or IV controlled substance” does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance—

(A)

for use on the premises on which the substance is dispensed;

(B)

in a hospital emergency room, when the substance is in short supply;

(C)

for a certified opioid treatment program; or

(D)

in other situations as the Secretary may reasonably determine.

(4)

Schedule II, III, or IV controlled substance

(b)

Grants for comprehensive opioid abuse response

(1)

In general

(2)

Purposes

A State receiving a grant under this section shall establish a comprehensive response plan to opioid abuse, which may include—

(A)

education efforts around opioid use, treatment, and addiction recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV controlled substances on relevant prescribing guidelines, the prescription drug monitoring program of the State described in subparagraph (B), and overdose prevention methods;

(B)

establishing, maintaining, or improving a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which may—

(i)

provide for data sharing with other States; and

(ii)

allow all individuals authorized by the State to write prescriptions for schedule II, III, or IV controlled substances to access the prescription drug monitoring program of the State;

(C)

developing, implementing, or expanding prescription drug and opioid addiction treatment programs by—

(i)

expanding the availability of treatment for prescription drug and opioid addiction, including medication-assisted treatment and behavioral health therapy, as appropriate;

(ii)

developing, implementing, or expanding screening for individuals in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and treating or referring those individuals if clinically appropriate; or

(iii)

developing, implementing, or expanding recovery support services and programs at high schools or institutions of higher education;

(D)

developing, implementing, and expanding efforts to prevent overdose death from opioid abuse or addiction to prescription medications and opioids; and

(E)

advancing the education and awareness of the public, providers, patients, consumers, and other appropriate entities regarding the dangers of opioid abuse, safe disposal of prescription medications, and detection of early warning signs of opioid use disorders.

(3)

Application

(4)

Use of funds

(5)

Priority considerations

In awarding grants under this section, the Secretary shall, as appropriate, give priority to a State that—

(A)

(i)

provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] for emergency treatment of known or suspected opioid overdose; and

(ii)

submits to the Secretary a certification by the attorney general of the State that the attorney general has—

(I)

reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who—

(aa)

have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and

(bb)

may administer a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and

(II)

concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons;

(B)

has a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration;

(C)

ensures the capability of data sharing with other States, where applicable, such as by making data available to a prescription monitoring hub;

(D)

ensures that data recorded in the prescription drug monitoring program database of the State are regularly updated, to the extent possible;

(E)

ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected; and

(F)

has in effect one or more statutes or implements policies that maximize use of prescription drug monitoring programs by individuals authorized by the State to prescribe schedule II, III, or IV controlled substances.

(6)

Evaluation

(7)

States with local prescription drug monitoring programs

(A)

In general

(B)

Plan for interoperability

(c)

Authorization of funding

(July 1, 1944, ch. 373, title V, § 548, as added Pub. L. 114–198, title VI, § 601, July 22, 2016, 130 Stat. 732.)

cite as: 42 USC 290ee-3