,,ii  #aagth ,,congress  #b;d ,session  
,s4 #cfbi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,february #aj1 
#bjbb,mr4 ,markey 7for himself and ,mr4 
,paul7 introduced the following bill2   
which was read twice and referred to the
 ,committee on ,health1 ,education1     
,labor1 and ,pensions  ,a ,,bill  ,to   
authorize a study on certain exemptions 
for treatment of opioid use disorder    
through opioid treatment programs during
 the ,,covid-#ai public health          
emergency1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,opioid ,treatment ,access ,act of  
#bjbb4  #b4 ,study on exemptions for    
treatment of opioid use disorder through
 opioid treatment programs during the   
,,covid-#ai public health emergency  7a7
 ,study ,the ,assistant ,secretary for  
,mental ,health and ,substance ,use     
shall conduct a study1 in consultation  
with patients and other stakeholders1 on
 activities carried out pursuant to     
exemptions granted-- 7#a7 to a ,state   

7including the ,district of ,columbia or
 any territory of the ,united ,states7  
or an opioid treatment program2  7#b7   
pursuant to section #h4aa7;h7 of title  
#db1 ,code of ,federal ,regulations2 and
  7#c7 during the period-- 7,a7         
beginning on the declaration of the     
public health emergency for the         
,,covid-#ai pandemic under section #cai 
of the ,public ,health ,service ,act    
7#db ,u4,s4,c4 #bgd72 and  7,b7 ending  
on the earlier of-- 7i7 the termination 
of such public health emergency1        
including extensions thereof pursuant to
 such section #cai2 and  7ii7 the end of
 calendar year #bjbb4  7b7 ,issues ,to  
be studied ,the study under subsection  
7a7 shall1 with respect to exemptions   
described in such subsection1 include   
consideration of each of the following3 
7#a7 ,the number of participating       
patients in each ,state4  7#b7 ,the     
percentage of participating patients in 
each ,state relative to the total number
 of patients in the respective ,state   

receiving treatment through an opioid   
treatment program4  7#c7 ,the number of 
participating patients in each ,state   
who cease treatment4  7#d7 ,the number  
of participating patients in each ,state
 who overdose on an opioid and cease    
treatment4  7#e7 ,the number of         
participating patients in each ,state   
who overdose on an opioid and continue  
treatment4  7#f7 ,the number of         
participating opioid treatment programs 
in each ,state4  7#g7 ,the percentage of
 participating opioid treatment programs
 in each ,state relative to the total   
number of opioid treatment programs in  
the respective ,state4  7#h7 ,the       
demographic1 socioeconomic1 and         
geographic characteristics of the       
participating patients and opioid       
treatment programs4  7#i7 ,any          
additional costs or savings from        
exemptions in each ,state4  7#aj7 ,an   
analysis of differences in the use of   
exemptions among ,states4  7#aa7 ,rates 
of medication adherence and diversion4  

7c7 ,privacy ,the section does not      
authorize the disclosure by the         
,department of ,health and ,human       
,services of individually identifiable  
information about patients4  7d7        
,feedback ,in conducting the study under
 subsection 7a71 the ,assistant         
,secretary for ,mental ,health and      
,substance ,use shall gather feedback   
from the ,states and opioid treatment   
programs on their experiences in        
implementing exemptions described in    
subsection 7a74  7e7 ,report ,not later 
than #ahj days after the end of the     
period described in subsection          
7a77#c77;,b71 and subject to subsection 
7c71 the ,assistant ,secretary for      
,mental ,health and ,substance ,use     
shall publish a report on the results of
 the study under this section4  #c4     
,changes to ,federal opioid treatment   
standards  7a7 ,mobile medication units 
,section #cjb7;e7 of the ,controlled    
,substances ,act 7#ba ,u4,s4,c4         
#hbb7;e77 is amended by adding at the   

end the following3  7#c7                
,notwithstanding paragraph 7#a71 a      
registrant that is dispensing pursuant  
to section #cjc7;g7 narcotic drugs to   
individuals for maintenance treatment or
 detoxification treatment shall not be  
required to have a separate registration
 to incorporate one or more mobile      
medication units into the registrant's  
practice to dispense such narcotics at  
locations other than the registrant's   
principal place of business or          
professional practice described in      
paragraph 7#a71 so long as the          
registrant meets such standards for     
operation of a mobile medication unit as
 the ,attorney ,general may establish4  
4  7b7 ,clarification in consideration  
of patients' responsibility in handling 
opioid drugs for unsupervised use ,not  
later than #ij days after the date of   
enactment of this ,act1 the ,secretary  
of ,health and ,human ,services shall   
promulgate a final regulation1 or issue 
guidance1 clarifying section            

#h4ab7;i77#b77;i7 of title #db1 ,code of
 ,federal ,regulations 7and making such 
other changes as may be necessary7 so   
that a medical director may determine   
that a patient is sufficiently          
responsible in handling opioid drugs for
 unsupervised use1 as described in such 
section #h4ab7;i77#b7 of such title #db1
 even if there is evidence of recent use
 of drugs 7opioid or nonnarcotic1       
including alcohol74  7c7 ,periods for   
take-,home supply requirements  7#a7    
,first regulation ,not later than #ij   
days after the date of enactment of this
 ,act1 the ,secretary of ,health and    
,human ,services shall promulgate a     
final regulation amending paragraphs    
7i77#c77;i7 through 7i77#c77vi7 of      
section #h4ab of title #db1 ,code of    
,federal ,regulations 7and making such  
other changes as may be necessary7 so   
that-- 7,a7 the references to #ij days  
in paragraphs 7i77#c77;i7 through       
7i77#c77;iii7 of such section #h4ab are 
each reduced to not more than #de days2 

7,b7 the reference to the remaining     
months of the first year in paragraph   
7i77#c77;iv7 of such section #h4ab is   
reduced to the remaining days of not    
more than the first six months of       
treatment2  7,c7 the reference to #a    
year in paragraph 7i77#c77v7 of such    
section #h4ab is reduced to not more    
than #f months2 and  7,d7 the reference 
to #b years in paragraph 7i77#c77vi7 of 
such section #h4ab is reduced to not    
more than #a year4  7#b7 ,study ,not    
later than #ah months after the date of 
enactment of this ,act1 the ,assistant  
,secretary for ,mental ,health and      
,substance ,use shall-- 7,a7 complete a 
study1 in consultation with patients and
 other stakeholders1 on the impacts on  
patient rehabilitation of the changes   
made by the regulation under paragraph  
7#a7 to the periods specified in section
 #h4ab7;i77#c7 of title #db1 ,code of   
,federal ,regulations2  7,b7 submit a   
report to the ,congress on the results  
of such study2 and  7,c7 include in such

 report recommendations for policy      
changes4  7#c7 ,second regulation  7,a7 
,in general ,not later than two years   
after the date of enactment of this     
,act1 the ,secretary of ,health and     
,human ,services shall promulgate a     
final regulation amending paragraphs    
7i77#c77;i7 through 7i77#c77vi7 of      
section #h4ab of title #db1 ,code of    
,federal ,regulations1 as appropriate   
based on the findings of the study under
 paragraph 7#b74  7,b7 ,limitation ,the 
regulation under subparagraph 7,a7 shall
 not amend section #h4ab of title #db1  
,code of ,federal ,regulations1 so as   
to-- 7i7 allow the dispensing of more   
than two consecutive doses of methadone 
for take-home use per week before the   
patient's #cjth day of treatment2 or    
7ii7 prohibit a patient determined to be
 responsible in handling opioids from   
being given a maximum of a one-month    
supply of methadone for take-home use   
after two years of continuous treatment4
  #d4 ,expansion of take-home           

prescribing of methadone through        
pharmacies  7a7 ,registration2 other    
care by telehealth ,section #cjc7;g7 of 
the ,controlled ,substances ,act 7#ba   
,u4,s4,c4 #hbc7;g77 is amended-- 7#a7 in
 paragraph 7#a71 by striking in         
paragraph 7#b7 and inserting in         
paragraphs 7#b7 and 7#c72 and  7#b7 by  
adding at the end the following3  7#c7  
7,a7 ,at the request of a ,state1 the   
,attorney ,general1 in consultation with
 the ,secretary1 may1 pursuant to       
paragraph 7#a71 register persons        
described in subparagraph 7,b7 to       
prescribe methadone to be dispensed     
through a pharmacy for individuals for  
unsupervised use4  7,b7 ,persons        
described in this subparagraph are      
persons who-- 7i7 are licensed1         
registered1 or otherwise permitted1 by  
the ,united ,states or the jurisdiction 
in which they practice1 to prescribe    
controlled substances in the course of  
professional practice2 and  7ii7 are--  
7,i7 employees or contractors of an     

opioid treatment program2 or  7,,ii7    
addiction medicine physicians or        
addiction psychiatrists who hold a      
subspecialty board certification in     
addiction medicine from the ,american   
,board of ,preventive ,medicine1 a board
 certification in addiction medicine    
from the ,american ,board of ,addiction 
,medicine1 a subspecialty board         
certification in addiction psychiatry   
from the ,american ,board of ,psychiatry
 and ,neurology1 or a subspecialty board
 certification in addiction medicine    
from the ,american ,osteopathic         
,association4  7,c7 ,the prescribing of 
methadone pursuant to subparagraph 7,a7 
shall be-- 7i7 exclusively by electronic
 prescribing2  7ii7 for a supply of not 
more than #a month pursuant to each     
prescription2 and  7iii7 subject to the 
restrictions listed in section          
#h4ab7;i77#c7 of title #db1 ,code of    
,federal ,regulations1 including any    
amendments or exemptions to such section
 pursuant to section #c7;c7 of the      

,opioid ,treatment ,access ,act of      
#bjbb1 or successor regulations or      
guidance4  7,d7 ,the dispensing of      
methadone to an individual pursuant to  
subparagraph 7,a7 shall be in addition  
to the other care which the individual  
continues to have access to through an  
opioid treatment program4  7,e7 ,persons
 registered in a ,state pursuant to     
subparagraph 7,a7 shall-- 7i7 ensure and
 document1 with respect to each patient 
treated pursuant to subparagraph 7,a71  
informed consent to treatment2 and  7ii7
 include in such informed consent1      
specific informed consent regarding     
differences in confidentiality          
protections applicable when dispensing  
through an opioid treatment program     
versus dispensing through a pharmacy    
pursuant to subparagraph 7,a74  7,f7 ,at
 the request of a ,state1 the ,attorney 
,general1 in consultation with the      
,secretary1 shall-- 7i7 cease           
registering persons in the ,state       
pursuant to subparagraph 7,a72 and  7ii7

 withdraw any such registration in      
effect for a person in the ,state4  7,g7
 ,maintenance treatment or              
detoxification treatment provided       
pursuant to subparagraph 7,a71 as well  
as other care provided in conjunction   
with such treatment1 such as counseling 
and other ancillary services1 may be    
provided by means of telehealth as      
determined jointly by the ,state and the
 ,secretary to be feasible and          
appropriate4  4  7b7 ,annual reporting  
,not later than #f months after the date
 of enactment of this ,act1 and annually
 thereafter1 the ,assistant ,secretary  
for ,mental ,health and ,substance ,use 
and the ,administrator of the ,drug     
,enforcement ,agency1 acting jointly1   
shall submit a report to the ,congress  
including-- 7#a7 the number of persons  
registered pursuant to section          
#cjc7;g77#c7 of the ,controlled         
,substances ,act1 as added by subsection
 7a72  7#b7 the number of patients being
 prescribed methadone pursuant to such  

section #cjc7;g77#c72 and  7#c7 a list  
of the ,states in which persons are     
registered pursuant to such section     
#cjc7;g77#c74  #e4 ,sense of ,congress  
on need to reduce barriers to patient   
care through opioid treatment programs  
,it is the sense of the ,congress that--
 7#a7 patients receiving services       
through opioid treatment programs face  
barriers to their care2 and  7#b7 each  
,state should align its regulation of   
opioid treatment programs in a manner   
that is consistent with the intent of   
this ,act4