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S. 916Senate115th Congress (2017-2019)Passed Senate

Ensuring Patient Access to Substance Use Disorder Treatments Act of 2018

Sponsored by Bill CassidySen. Bill Cassidy (R-LA)
Introduced April 24, 2017

AI-Generated Summary

Updated April 15, 2026 at 2:57 PM UTC

The bill changes the Controlled Substances Act so that a pharmacy can send a controlled drug directly to a qualified practitioner who will inject or implant it for a patient. The goal is to make it easier for people receiving medication‑assisted treatment for substance‑use disorders to get their medication quickly. It applies to pharmacies, qualified doctors or other practitioners, and the patients they treat.

Key Provisions

  • A pharmacy may deliver a controlled substance to a prescribing or administering practitioner, provided the delivery follows a valid prescription and state law.
  • The drug must be given to the patient named on the prescription and used within 14 days of the practitioner receiving it, unless the Attorney General later shortens that window.
  • The practitioner must be a qualified provider authorized to give the drug for maintenance or detoxification, and the drug must be administered by injection or implantation.
  • Pharmacies and practitioners cannot use the delivery to stock up for general dispensing; the drug is for a single patient’s use only.
  • Both pharmacy and practitioner must keep complete records of the drug’s delivery, receipt, administration, and disposal.
  • Within two years, the Comptroller General must study and report on how the rule affects access to treatment and the risk of diversion.
  • The Attorney General, with the Secretary, may adjust the 14‑day limit during the first two years and after the study, but any new limit cannot be less than seven days.

Legislative Activity

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10 earlier actions
HouseFloor Latest Action

Held at the desk.

May 25, 2018 • 10:32 AM

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SenateIntro Referral

Introduced in Senate

April 24, 2017

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

April 24, 2017

SenateCommittee

Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.

Health, Education, Labor, and Pensions Committee

April 26, 2017

SenateCommittee

Committee on Health, Education, Labor, and Pensions. Reported by Senator Alexander with an amendment in the nature of a substitute. Without written report.

Health, Education, Labor, and Pensions Committee

May 1, 2017

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.

May 1, 2017

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S2882-2884)

May 23, 2018

SenateFloor

The committee substitute withdrawn by Unanimous Consent.

May 23, 2018

SenateFloor

Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. (text: CR S2882-2884)

May 23, 2018

SenateFloor

Message on Senate action sent to the House.

May 24, 2018

HouseFloor

Received in the House.

May 25, 2018 • 10:02 AM

HouseFloor

Held at the desk.

May 25, 2018 • 10:32 AM

Floor Debate

1 member

What members said about S. 916 on the floor

1 Republican
Mitch McConnell
Sen. Mitch McConnellR-KY · May 23, 2018

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 46, S. 916. Mr. President, I ask unanimous consent that the committee-reported substitute…

Record

Bill Text

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Engrossed in SenateIssued May 23, 2018

115th CONGRESS

2d Session

S. 916

AN ACT

To amend the Controlled Substances Act to provide for the delivery of a controlled substance by a pharmacy to an administering practitioner.

1.

Short title

This Act may be cited as the Ensuring Patient Access to Substance Use Disorder Treatments Act of 2018.

2.

Delivery of a controlled substance by a pharmacy to be administered by injection or implantation

(a)

In general

The Controlled Substances Act is amended by inserting after section 309 (21 U.S.C. 829) the following:

309A.

Delivery of a controlled substance by a pharmacy to an administering practitioner

(a)

In general

Notwithstanding section 102(10), a pharmacy may deliver a controlled substance to a practitioner in accordance with a prescription that meets the requirements of this title and the regulations issued by the Attorney General under this title, for the purpose of administering of the controlled substance by the practitioner if—

(1)

the controlled substance is delivered by the pharmacy to the prescribing practitioner or the practitioner administering the controlled substance, as applicable, at the location listed on the practitioner’s certificate of registration issued under this title;

(2)

in the case of administering of the controlled substance for the purpose of maintenance or detoxification treatment under section 303(g)(2)—

(A)

the practitioner who issued the prescription is a qualifying practitioner authorized under, and acting within the scope of that section; and

(B)

the controlled substance is to be administered by injection or implantation;

(3)

the pharmacy and the practitioner are authorized to conduct the activities specified in this section under the law of the State in which such activities take place;

(4)

the prescription is not issued to supply any practitioner with a stock of controlled substances for the purpose of general dispensing to patients;

(5)

except as provided in subsection (b), the controlled substance is to be administered only to the patient named on the prescription not later than 14 days after the date of receipt of the controlled substance by the practitioner; and

(6)

notwithstanding any exceptions under section 307, the prescribing practitioner, and the practitioner administering the controlled substance, as applicable, maintain complete and accurate records of all controlled substances delivered, received, administered, or otherwise disposed of under this section, including the persons to whom controlled substances were delivered and such other information as may be required by regulations of the Attorney General.

(b)

Modification of number of days before which controlled substance shall be administered

(1)

Initial 2-year period

During the 2-year period beginning on the date of enactment of this section, the Attorney General, in coordination with the Secretary, may reduce the number of days described in subsection (a)(5) if the Attorney General determines that such reduction will—

(A)

reduce the risk of diversion; or

(B)

protect the public health.

(2)

Modifications after submission of report

After the date on which the report described in subsection (c) is submitted, the Attorney General, in coordination with the Secretary, may modify the number of days described in subsection (a)(5).

(3)

Minimum number of days

Any modification under this subsection shall be for a period of not less than 7 days.

.

(b)

Study and report

Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall conduct a study and submit to Congress a report on access to and potential diversion of controlled substances administered by injection or implantation.

(c)

Technical and conforming amendment

The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 309 the following:

Sec. 309A. Delivery of a controlled substance by a pharmacy to an administering practitioner.

.

Passed the Senate May 23, 2018.

Secretary