[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4794 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4794

To amend the Public Health Service Act with respect to opioid overdose 
    reversal medication access, education, and co-prescribing grant 
                   programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 7, 2022

  Ms. Baldwin introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act with respect to opioid overdose 
    reversal medication access, education, and co-prescribing grant 
                   programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Naloxone Education and Access Act''.

SEC. 2. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS, EDUCATION, AND CO-
              PRESCRIBING GRANT PROGRAMS.

    Section 545 of the Public Health Service Act (42 U.S.C. 290ee) is 
amended--
            (1) in the section heading, by striking ``access and 
        education'' and inserting ``access, education, and co-
        prescribing'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking ``to 
                states'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``States'' and inserting ``eligible 
                entities'';
                    (C) in paragraph (1), by striking ``for pharmacists 
                to dispense a drug or device approved or cleared'' and 
                inserting ``that increase access to drugs and devices 
                approved, cleared, or otherwise legally marketed'';
                    (D) by redesignating paragraphs (3) and (4) as 
                paragraphs (5) and (6), respectively;
                    (E) by inserting after paragraph (2) the following:
            ``(3) encourage health care providers to co-prescribe, as 
        appropriate, drugs or devices approved, cleared, or otherwise 
        legally marketed under the Federal Food, Drug, and Cosmetic Act 
        for emergency treatment of known or suspected opioid overdose;
            ``(4) support innovative community-based distribution 
        programs of drugs or devices approved, cleared, or otherwise 
        legally marketed under the Federal Food, Drug, and Cosmetic Act 
        for emergency treatment of known or suspected opioid 
        overdose;'';
                    (F) in paragraphs (5) and (6), as so redesignated, 
                by striking ``approved or cleared'' each place it 
                appears and inserting ``approved, cleared, or otherwise 
                legally marketed'';
            (3) in subsection (b)--
                    (A) by striking ``State'' and inserting ``eligible 
                entity''; and
                    (B) by striking ``approved or cleared'' and 
                inserting ``approved, cleared, or otherwise legally 
                marketed'';
            (4) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``States'' and inserting ``eligible 
                entities''; and
                    (B) by striking ``approved or cleared'' each place 
                it appears and inserting ``approved, cleared, or 
                otherwise legally marketed'';
            (5) in subsection (d)--
                    (A) in paragraph (1), by striking ``A State'' and 
                inserting ``An eligible entity'';
                    (B) in paragraph (2), by striking ``3'' and 
                inserting ``5''; and
                    (C) by amending paragraph (3) to read as follows:
            ``(3) Limitation.--An eligible entity may use--
                    ``(A) not more than 10 percent of a grant under 
                this section for educating the public pursuant to 
                subsection (a)(6); and
                    ``(B) not less than 20 percent of a grant under 
                this section to offset cost-sharing for distribution 
                and dispensing of drugs or devices approved, cleared, 
                or otherwise legally marketed under the Federal Food, 
                Drug, and Cosmetic Act for emergency treatment of known 
                or suspected opioid overdose.'';
            (6) in subsection (e), by striking ``a State'' and 
        inserting ``an eligible entity'';
            (7) in subsection (f)--
                    (A) by striking ``A State'' and inserting ``An 
                eligible entity'';
                    (B) by striking ``in the State'' and inserting ``in 
                the jurisdiction of the eligible entity''; and
                    (C) by striking ``approved or cleared'' and 
                inserting ``approved, cleared, or otherwise legally 
                marketed'';
            (8) by amending subsection (g) to read as follows:
    ``(g) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        State, locality, Indian Tribe, Tribal organization, or Urban 
        Indian organization.
            ``(2) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act.
            ``(3) Standing order.--The term `standing order' means a 
        document prepared by a person authorized to prescribe 
        medication that permits another person to acquire, dispense, or 
        administer medication without a person-specific prescription.
            ``(4) Tribal organization.--The term `Tribal organization' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act.
            ``(5) Urban indian organization.--The term `Urban Indian 
        organization' has the meaning given the term in section 4 of 
        the Indian Health Care Improvement Act.''; and
            (9) in subsection (h)(1)--
                    (A) by striking ``$5,000,000'' and inserting 
                ``$10,000,000''; and
                    (B) by striking ``2017 through 2019'' and inserting 
                ``2023 through 2027''.
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