42 U.S.C. § 290ee–3 — State demonstration grants for comprehensive opioid abuse response

(a) Definitions (1) "Dispenser" has the meaning given in 21 U.S.C. § 802. (2) "Prescriber" means a dispenser who prescribes a controlled substance, or that dispenser's agent. (3) "Prescriber of a schedule II, III, or IV controlled substance" does not include a prescriber who dispenses the substance on the premises where dispensed, in a hospital emergency room during a short supply, for a certified opioid treatment program, or in other situations the Secretary determines. (4) "Schedule II, III, or IV controlled substance" means a controlled substance listed on schedule II, III, or IV of 21 U.S.C. § 812(c). (b) Grants for comprehensive opioid abuse response (1) In general The Secretary must award grants to states, and combinations of states, to implement an integrated opioid abuse response initiative. (2) Purposes A grantee state's comprehensive response plan may include: (A) education for residents, medical students, and prescribers on prescribing guidelines, the state's prescription drug monitoring program, and overdose prevention; (B) establishing, maintaining, or improving a prescription drug monitoring program, which may include data sharing with other states and access for all state-authorized prescribers; (C) developing, implementing, or expanding prescription drug and opioid addiction treatment — including medication-assisted treatment and behavioral health therapy, screening people in treatment for hepatitis C and HIV, and recovery support programs at schools; (D) efforts to prevent overdose death from opioid abuse or prescription medication addiction; and (E) educating the public, providers, patients, and others on the dangers of opioid abuse, safe disposal of prescription medications, and early warning signs of opioid use disorders. (3) Application A state applies to the Secretary in the required form and with required information. (4) Use of funds A grantee state must use the grant for the cost — including technical assistance, training, and administration — of carrying out its comprehensive response plan. (5) Priority considerations The Secretary gives priority to a state that: (A) provides civil liability protection for first responders, health professionals, and family members trained in giving overdose-reversal drugs, and whose attorney general certifies having reviewed the applicable liability law and concluded it provides adequate protection; (B) has a process letting incarcerated individuals enroll, while incarcerated, in services and benefits needed to continue treatment after release; (C) ensures capability for data sharing with other states, such as through a prescription monitoring hub; (D) ensures its prescription drug monitoring database is regularly updated; (E) ensures its monitoring program notifies prescribers and dispensers when overuse or misuse is suspected; and (F) has statutes or policies that maximize use of prescription drug monitoring programs by authorized prescribers. (6) Evaluation When evaluating the program under section 701 of the Comprehensive Addiction and Recovery Act of 2016, the Secretary must report on a state's legislation or policies for maximizing use of prescription drug monitoring programs, and on the incidence of opioid use disorders and overdose deaths in that state. (7) States with local prescription drug monitoring programs (A) If a state lacks a prescription drug monitoring program, a county or other local government within it that has one is treated as a state for this section, including grant eligibility. (B) That county or local government must submit a plan for ensuring it can share data with other counties, local governments, and states. (c) Authorization of funding Congress authorized $5,000,000 for each of fiscal years 2017 through 2021.