text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Opioid Addiction Treatment 
  Modernization Act''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds that opioid addiction has become a public health 
  epidemic that must be addressed by increasing awareness and access to 
  all treatment options for opioid addiction, overdose reversal, and 
  relapse prevention.
  
  SEC. 3. OPIOID ADDICTION TREATMENT MODERNIZATION.
  
      (a) In General.--Section 303(g) of the Controlled Substances Act 
  (21 U.S.C. 823(g)) is amended--
              (1) by adding at the end the following:
      ``(3) The standards under paragraph (1)(A) (for determining whether 
  a practitioner is qualified to engage in the treatment with respect to 
  which registration is sought) shall include a requirement for 
  completion, every 2 years, of training--
              ``(A) provided (through classroom situations, seminars at 
          professional society meetings, electronic communications, or 
          otherwise) by an organization such as the American Society of 
          Addiction Medicine, the American Academy of Addiction 
          Psychiatry, the American Medical Association, the American 
          Osteopathic Association, the American Psychiatric Association, 
          the American Association for the Treatment of Opioid 
          Dependence, the National Council for Behavioral Health, or any 
          other organization that the Secretary determines is 
          appropriate; and
              ``(B) addressing--
                      ``(i) opioid detoxification;
                      ``(ii) appropriate clinical use of all drugs 
                  approved by the Food and Drug Administration for the 
                  treatment of opioid addiction;
                      ``(iii) the need for initial and periodic 
                  assessments of each patient;
                      ``(iv) the development of an individualized 
                  treatment plan for each patient; and
                      ``(v) the importance of providing overdose reversal 
                  and relapse prevention, and appropriate counseling and 
                  other services.'';
              (2) in paragraph (2)(B), by inserting ``and annually 
          thereafter,'' after ``before the initial dispensing of narcotic 
          drugs in schedule III, IV, or V or combinations of such drugs 
          to patients for maintenance or detoxification treatment,'';
              (3) by amending paragraph (2)(B)(ii) to read as follows:
              ``(ii) With respect to patients to whom the practitioner 
          will provide such drugs or combinations of drugs, the 
          practitioner has the capacity to provide directly or by 
          referral--
                      ``(I) all drugs approved by the Food and Drug 
                  Administration for the treatment of opioid addiction, 
                  including, as available, opioid maintenance, 
                  detoxification, and overdose reversal and relapse 
                  prevention; and
                      ``(II) appropriate counseling and ancillary 
                  services.'';
              (4) by redesignating clause (iii) of paragraph (2)(B) as 
          clause (iv);
              (5) after paragraph (2)(B)(ii), by inserting the following:
              ``(iii) The practitioner maintains a diversion control plan 
          that contains specific measures to reduce the likelihood of the 
          diversion of controlled substances prescribed by the 
          practitioner for the treatment of opioid addiction.'';
              (6) by amending paragraph (2)(G)(ii) to read as follows:
                      ``(ii) The term `qualifying physician' means a 
                  physician who meets the following:
                              ``(I) The physician is licensed under State 
                          law.
                              ``(II) The physician meets one or more of 
                          the following conditions:
                                      ``(aa) The physician holds a 
                                  subspecialty board certification in 
                                  addiction psychiatry from the American 
                                  Board of Medical Specialties.
                                      ``(bb) The physician holds an 
                                  addiction certification from the 
                                  American Society of Addiction Medicine.
                                      ``(cc) The physician holds a 
                                  subspecialty board certification in 
                                  addiction medicine from the American 
                                  Osteopathic Association.
                                      ``(dd) The physician has 
                                  participated as an investigator in one 
                                  or more clinical trials leading to the 
                                  approval of a narcotic drug in schedule 
                                  III, IV, or V for maintenance or 
                                  detoxification treatment or the 
                                  approval of a drug for the treatment of 
                                  opioid addiction, as demonstrated by a 
                                  statement submitted to the Secretary by 
                                  the sponsor of such approved drug.
                                      ``(ee) The physician has such other 
                                  training or experience as the State 
                                  medical licensing board (of the State 
                                  in which the physician will provide 
                                  maintenance or detoxification 
                                  treatment) considers to demonstrate the 
                                  ability of the physician to treat and 
                                  manage opiate-dependent patients.
                                      ``(ff) The physician has such other 
                                  training or experience as the Secretary 
                                  considers to demonstrate the ability of 
                                  the physician to treat and manage 
                                  opiate-dependent patients. Any criteria 
                                  of the Secretary under this item shall 
                                  be established by regulation. Any such 
                                  criteria are effective only for 3 years 
                                  after the date on which the criteria 
                                  are promulgated, but may be extended 
                                  for such additional discrete 3-year 
                                  periods as the Secretary considers 
                                  appropriate for purposes of this item. 
                                  Such an extension of criteria may only 
                                  be effectuated through a statement 
                                  published in the Federal Register by 
                                  the Secretary during the 30-day period 
                                  preceding the end of the 3-year period 
                                  involved.
                      ``(iii) The physician completes, with respect to 
                  the treatment and management of opiate-dependent 
                  patients, not less than 8 hours of training described 
                  in paragraph (3) not less frequently than every 2 
                  years.
                      ``(iv) The physician obtains in writing from each 
                  patient a signed acknowledgment that the patient--
                              ``(I) will be subject to medication 
                          adherence and substance use monitoring;
                              ``(II) understands available treatment 
                          options, including drugs approved by the Food 
                          and Drug Administration for the treatment of 
                          opioid addiction and their potential risks and 
                          benefits; and
                              ``(III) has an individualized treatment 
                          plan.''; and
              (7) by amending paragraph (2)(H)(ii) to read as follows:
              ``(ii) Not later than one year after the date of enactment 
          of the Opioid Addiction Treatment Modernization Act, the 
          Secretary shall update the treatment improvement protocol 
          containing best practice guidelines for the treatment of 
          opiate-dependent patients. The Secretary shall update such 
          protocol in consultation with the Director of the National 
          Institute on Drug Abuse, the Administrator of the Drug 
          Enforcement Administration, the Commissioner of Food and Drugs, 
          the Administrator of the Substance Abuse and Mental Health 
          Services Administration, and other substance abuse disorder 
          professionals. Updates to the protocol shall be guided by 
          science.''.
      (b) Inspection Authority.--The Secretary of Health and Human 
  Services or the Attorney General of the United States may inspect 
  persons that are registered under section 303(g) of the Controlled 
  Substances Act (21 U.S.C. 823(g)) to ensure compliance with the 
  requirements in this Act (and the amendments made by this Act) with 
  respect to which noncompliance may result in a revocation or suspension 
  of the practitioner's registration.
      (c) Certification of Compliance.--Not later than 1 year after the 
  date of enactment of this Act, all practitioners who, as of such date 
  of enactment, are permitted to dispense narcotic drugs to individuals 
  (for maintenance treatment or detoxification treatment) pursuant to 
  paragraph (1) or (2) of section 303(g) of the Controlled Substances Act 
  (21 U.S.C. 823(g)) shall submit a certification to the Secretary of 
  Health and Human Services of compliance with the provisions of such 
  section 303(g), as amended by this Act.
      (d) Reports to Congress.--
              (1) In general.--Not later than 1 year after the date of 
          enactment of this Act, and every 5 years thereafter, the 
          Comptroller General of the United States shall--
                      (A) perform a thorough review of the provision of 
                  opioid addiction treatment services in the United 
                  States; and
                      (B) submit a report to the Congress on the findings 
                  and conclusions of such review.
              (2) Contents.--Each report under paragraph (1) shall 
          include--
                      (A) an assessment of compliance with the 
                  requirements of section 303(g) of the Controlled 
                  Substances Act, as amended by this Act;
                      (B) a description of the measures taken by the 
                  Secretary of Health and Human Services to ensure such 
                  compliance; and
                      (C) an assessment of--
                              (i) whether the full range of science- and 
                          evidence-based treatment options for opioid 
                          addiction are fully integrated into treatment; 
                          and
                              (ii) the circumstances surrounding 
                          medication diversion and misuse.
target: Opioid Addiction Treatment Modernization Act  This bill amends the Controlled Substances Act to require a practitioner who administers or dispenses narcotic drugs for maintenance or detoxification treatment in an opioid treatment program to complete training every two years.   The legislation revises the waiver requirements for a physician who wants to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, such physician must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician, has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. This bill requires a physician to also certify that he or she maintains a diversion control plan and has the capacity to provide directly or by referral all drugs approved by the Food and Drug Administration for the treatment of opioid addiction.   The bill modifies the definition of a "qualifying physician." Currently, a qualifying physician must be licensed in a state and have expertise (such as relevant certification, training, or experience). This legislation requires a qualifying physician to also complete training every two years and obtain written consent from each patient regarding available treatment options.&nbsp;   It permits HHS or the Department of Justice to inspect registered practitioners who dispense narcotics to ensure compliance with the requirements of this Act.  All practitioners who are permitted to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment must submit to HHS a certification of compliance with the requirements of this Act.  The Government Accountability Office must review opioid addition treatment services in the United States and report findings to Congress every five years. 
feat_title: Opioid Addiction Treatment Modernization Act