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Bill105th CongressFiled Jun 9, 1998Crime and Law Enforcement
S. 2151

Lethal Drug Abuse Prevention Act of 1998

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What it doesSummary reported to senate with amendment(s) (Sep 24, 1998)

Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense specified controlled substances or listed chemicals is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was suspended or revoked; 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 such registration to violate CSA provisions.

Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance with the purpose of causing, or assisting in causing, the suicide or euthanasia of any individual, with exceptions for dispensing or distributing a controlled substance for the purpose of: (1) alleviating pain or discomfort; or (2) carrying out a death sentence under Federal or State law.

Requires the Attorney General, prior to any proceeding with respect to denial, revocation, or suspension of registration, to make a finding that the applicant or registrant: (1) has dispensed or distributed a specific controlled substance that was directly responsible for the death of an individual; and (2) did not dispense or distribute such substance as medically indicated.

Sets forth provisions regarding the burden of proof and requests for review by the Medical Advisory Board on Pain Relief.

Requires the Secretary of Health and Human Services to establish such Board, which shall review the administrative record of the proceeding (if an applicant or registrant requests Board review) and issue to the Secretary and 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 violate this Act. Directs that the Board's opinion be part of the administrative record and be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved.

(Sec. 4) Directs the Secretary to designate an officer of the Department of Health and Human Services to serve as a liaison between the Secretary and the Attorney General in carrying out this Act.

(Sec. 5) Specifies that the operation of the Drug Enforcement Administration's diversion control program shall be construed to include carrying out CSA provisions added by this Act.

What just happenedOct 14, 1998

Sponsor introductory remarks on measure. (CR S12492-12493)

Who’s behind it

Sen. Nickles, Don [R-OK](R-OK)Sponsor
23 cosponsors1 D22 R
Read on Congress.gov
23cosponsors1committees11actions23subjects
  1. Oct 14, 1998IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S12492-12493)

  2. Oct 6, 1998Floor

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-372. Additional and minority views filed.

    Judiciary Committee
  3. Oct 6, 1998Committee14900

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-372. Additional and minority views filed.

    Judiciary Committee
  4. Sep 24, 1998Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 607.

  5. Sep 24, 1998Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.

    Judiciary Committee
  6. Sep 24, 1998Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.

    Judiciary Committee
  7. Sep 24, 1998Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  8. Jul 31, 1998Committee

    Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 105-974.

    Judiciary Committee
  9. Jun 9, 1998IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  10. Jun 9, 1998IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S5797-5798)

  11. Jun 9, 1998IntroReferral10000

    Introduced in Senate

Reported to Senate with amendment(s)Sep 24, 199801

Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense specified controlled substances or listed chemicals is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was suspended or revoked; 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 such registration to violate CSA provisions.

Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance with the purpose of causing, or assisting in causing, the suicide or euthanasia of any individual, with exceptions for dispensing or distributing a controlled substance for the purpose of: (1) alleviating pain or discomfort; or (2) carrying out a death sentence under Federal or State law.

Requires the Attorney General, prior to any proceeding with respect to denial, revocation, or suspension of registration, to make a finding that the applicant or registrant: (1) has dispensed or distributed a specific controlled substance that was directly responsible for the death of an individual; and (2) did not dispense or distribute such substance as medically indicated.

Sets forth provisions regarding the burden of proof and requests for review by the Medical Advisory Board on Pain Relief.

Requires the Secretary of Health and Human Services to establish such Board, which shall review the administrative record of the proceeding (if an applicant or registrant requests Board review) and issue to the Secretary and 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 violate this Act. Directs that the Board's opinion be part of the administrative record and be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved.

(Sec. 4) Directs the Secretary to designate an officer of the Department of Health and Human Services to serve as a liaison between the Secretary and the Attorney General in carrying out this Act.

(Sec. 5) Specifies that the operation of the Drug Enforcement Administration's diversion control program shall be construed to include carrying out CSA provisions added by this Act.

Introduced in SenateJun 9, 199800

Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense specified controlled substances or listed chemicals is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked; 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 such registration to violate CSA provisions.

Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance with a purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual.

Directs the Attorney General to establish the Medical Review Board on Pain Relief, which, based on a hearing, shall make findings regarding whether a particular action at issue is an appropriate means to relieve pain that does not constitute a violation of such provision.