S. 4794 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4794 IN THE SENATE OF THE UNITED STATES September 7, 2022Ms. 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. 1. Short title This Act may be cited as the Naloxone Education and Access Act. 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.