,,ii #aadth ,,congress #b;d ,session ,s4 #bicb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjaf ,mr4 ,cassidy introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,controlled ,substances ,act with respect to the provision of emergency medical services4 #a4 ,short title ,this ,act may be cited as the ,protecting ,patient ,access to ,emergency ,medications ,act of #bjaf4 #b4 ,findings ,the ,congress finds that-- 7#a7 the use of controlled substances by emergency medical services agencies to administer medical care and medicines to individuals in the field is essential to save lives1 manage pain1 and improve health outcomes2 7#b7 the unique nature of mobile emergency medical services is unlike other healthcare services governed by the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 in that it requires the provision of time-sensitive and mobile medical care to individuals with critical injuries and illnesses in the field and movement of such individuals to definitive care2 7#c7 there have been few investigations by the ,drug ,enforcement ,administration related to diversion in emergency medical services2 7#d7 one recent survey of large emergency medical services agencies in the ,united ,states showed less than #bj diversions or investigations for nearly #gj1jjj doses of controlled substances administered2 7#e7 regulatory oversight to prevent diversion is essential in all health care settings1 including emergency medical services2 7#f7 such oversight shall be carefully tailored to recognize unique care delivery models1 including the provision of medical care to individuals by emergency medical services practitioners under the supervision of a physician medical director2 and 7#g7 such oversight should further promote uniformity of rules1 application and enforcement to prevent diversion and establish clear guidelines within emergency medical services while also recognizing the variety of emergency medical services agencies including governmental1 nongovernmental1 private1 and volunteer emergency medical services agencies4 #c4 ,emergency medical services ,part ,c of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hba et seq47 is amended by adding at the end the following3 #cab4 ,emergency medical services 7a7 ,definitions ,in this section-- 7#a7 the term emergency medical services means emergency medical response1 and emergency mobile medical services1 provided outside of a medical facility2 7#b7 the term emergency medical services agency means an organization providing emergency medical services1 including an organization that-- 7,a7 is governmental 7including a fire-based agency71 nongovernmental 7including a hospital-based agency71 private1 or volunteer-based2 and 7,b7 provides emergency medical services by ground1 air1 or otherwise2 7#c7 the term emergency medical services practitioner means a health care practitioner 7including a nurse1 a paramedic1 or an emergency medical technician7 licensed or certified by a ,state and credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services to individuals within the scope of the ,state license or certification of the practitioner2 7#d7 the term medical director means a physician providing medical oversight for an emergency medical services agency2 7#e7 the term medical oversight means supervision of medical operations of an emergency medical services agency2 7#f7 the term standing order means a written medical protocol in which a medical director prescribes in advance the medical criteria to be followed by emergency medical services practitioners in administering a controlled substance to an individual in need of emergency medical services2 7#g7 the term verbal order means a verbal prescription to be followed by an emergency medical services practitioner in administering a controlled substance to an individual in need of emergency medical services2 7#h7 the term online medical direction means verbal instructions provided by a physician to an emergency medical services practitioner with regard to patient care and treatment1 including by radio or telephone2 and 7#i7 the term registrant emergency medical services agency means an emergency medical services agency that registers under subsection 7b7 or a hospital that-- 7,a7 owns and operates an emergency medical services agency2 and 7,b7 is registered under its own hospital license4 7b7 ,registration 7#a7 ,in general ,for the purpose of enabling emergency medical services practitioners to dispense controlled substances in schedule ,,ii1 ,,iii1 ,,iv1 or ,v to ultimate users receiving emergency medical services1 the ,attorney ,general shall1 at the request of the emergency medical services agency employing such practitioners1 register such emergency medical services agency under section #cjc7;f7 in lieu of registering the individual practitioners or #a or more medical directors of such agency4 7#b7 ,single registration ,in registering an emergency medical services agency pursuant to paragraph 7#a71 the ,attorney ,general shall require a single registration per ,state1 not a separate registration for each location of the emergency medical services agency4 7#c7 ,guidance to registrants ,for purposes of providing guidance to registrant emergency medical services agencies1 the ,attorney ,general shall tailor such guidance to recognize-- 7,a7 the existing delivery of medical care and medical oversight to patients with emergency medical conditions2 and 7,b7 the variety of emergency medical service care delivery models provided by emergency medical services agencies4 7c7 ,medical oversight 7#a7 ,in general ,notwithstanding section #cji-- 7,a7 a registrant emergency medical services agency shall have #a or more medical directors responsible for medical oversight of the provision of emergency medical services by the agency2 7,b7 the medical director shall be a physician licensed by the ,state in which the physician practices medicine and in which the emergency medical services agency is located2 7,c7 subject to the authority provided by the ,state or a political subdivision or other delegated authority of such ,state1 the responsibilities of the medical director may include-- 7i7 decisions with regard to transportation destination of patients2 7ii7 approving all medical protocols1 including standing orders2 7iii7 overseeing patient care delivered by emergency medical services practitioners of the emergency medical services agency1 including-- 7,i7 the evaluation1 treatment1 and interventions of patients2 7,,ii7 online medical direction2 and 7,,iii7 establishing drug formularies and the dispensing and administering of all medications and controlled substances to patients2 7iv7 overseeing medical education and training programs for emergency medical services practitioners2 and 7v7 overseeing quality improvement for the emergency medical services agency2 and 7,d7 subject to the authority provided by the ,state or a political subdivision or other delegated authority of such ,state1 controlled substances in schedule ,,ii1 ,,iii1 ,,iv1 or ,v may be administered by the emergency medical services practitioners of a registrant emergency medical services agency in the course of providing emergency medical services pursuant to-- 7i7 a standing order issued by #a or more medical directors of such agency2 or 7ii7 an online medical direction that includes a verbal order issued by #a or more medical directors1 or other licensed physician1 in accordance with a policy of such agency under the following circumstances-- 7,i7 the emergency medical services practitioners request such an order with regard to a specific patient and the medical director verbally provides such an order2 7,,ii7 the medical director provides verbal orders upon dispatching emergency medical services practitioners responding to an unanticipated mass casualty incident2 or 7,,iii7 other specific patient situations in which the medical director identifies a need to provide such an order to ensure proper care and treatment to patients4 7#b7 ,impermissible limitations on allowable prescriptions ,in the case of administering a controlled substance under paragraph 7#a71 the medical directors of the registrant emergency medical services agency shall not be required-- 7,a7 to be present2 or 7,b7 to provide a written or oral prescription with regard to a known individual before or at the time of such administering4 7#c7 ,documentation 7,a7 ,in general ,a registrant emergency medical services agency shall keep any such standing order on file and make such standing order available to the ,attorney ,general upon the request of the ,attorney ,general4 7,b7 ,policy ,a registrant emergency medical services agency shall have a policy requiring practitioners to document in the patient care chart a verbal order was received from online medical direction and a controlled substance was administered4 ,any such administration of a controlled substance shall be documented in the patient care chart as soon as practicable and available to the ,attorney ,general upon the request of the ,attorney ,general4 7d7 ,receipt1 movement1 and storage of controlled substances 7#a7 ,receipt ,the registrant emergency medical services agency-- 7,a7 may receive controlled substances at any location of the agency designated by the agency for such receipt2 and 7,b7 may not receive controlled substances at any location not so designated4 7#b7 ,movement and delivery ,the registrant emergency medical services agency may move or deliver controlled substances within the possession of such agency between any locations of such agency4 ,a registrant emergency medical services agency shall not be treated as a distributor of controlled substances under this ,act by reason of such movement or distribution4 7#c7 ,storage ,such agency-- 7,a7 may store controlled substances at any location of the agency designated by the agency for such storage2 and 7,b7 may not store controlled substances at any location not so designated4 7e7 ,rule of construction ,nothing in this section shall be construed to-- 7#a7 alter any requirements under titles ,,xviii or ,,xix of the ,social ,security ,act2 or 7#b7 limit the authority vested in the ,attorney ,general to enforce diversion of controlled substances otherwise provided in this ,act4 4