Pub. L. 117-328, div. FF, tit. I, subtit. B, ch. 2, sec. 1219
GRANTS FOR REDUCING OVERDOSE DEATHS.
SEC. 1219. GRANTS FOR REDUCING OVERDOSE DEATHS.(a) Grants.—(1) Repeal of maximum grant amount.—Paragraph (2) of section 544(a) of the Public Health Service Act (42 U.S.C. 290dd–3(a)) is hereby repealed. (2) Eligible entity; subgrants.—Section 544(a) of the Public Health Service Act (42 U.S.C. 290dd–3(a)) is amended by striking paragraph (3) and inserting the following:“(2) Eligible entity.—For purposes of this section, the term ‘eligible entity’ means a State, Territory, locality, or Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act).136 STAT. 5671 “(3) Subgrants.—For the purposes for which a grant is awarded under this section, the eligible entity receiving the grant may award subgrants to a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regulations)), any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act, or any nonprofit organization that the Secretary deems appropriate, which may include Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act).” . (3) Prescribing.—Section 544(a)(4) of the Public Health Service Act (42 U.S.C. 290dd–3(a)(4)) is amended—(A) in subparagraph (A), by inserting “, including patients prescribed both an opioid and a benzodiazepine” before the semicolon at the end; and (B) in subparagraph (D), by striking “drug overdose” and inserting “overdose”. (4) Use of funds.—Paragraph (5) of section 544(c) of the Public Health Service Act (42 U.S.C. 290dd–3(c)) is amended to read as follows:“(5) To establish protocols to connect patients who have experienced an overdose with appropriate treatment, including overdose reversal medications, medication assisted treatment, and appropriate counseling and behavioral therapies.” . (5) Improving access to overdose treatment.—Section 544 of the Public Health Service Act (42 U.S.C. 290dd–3) is amended—(A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (B) in subsection (f), as so redesignated, by striking “subsection (d)” and inserting “subsection (e)”; and (C) by inserting after subsection (c) the following:“(d) Improving Access to Overdose Treatment.—“(1) Information on best practices.—“(A) Health and human services.—The Secretary of Health and Human Services may provide information to States, localities, Indian Tribes, Tribal organizations, and Urban Indian organizations on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders. “(B) Defense.—The Secretary of Health and Human Services may, as appropriate, consult with the Secretary of Defense regarding the provision of information to prescribers within Department of Defense medical facilities on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders. “(C) Veterans affairs.—The Secretary of Health and Human Services may, as appropriate, consult with the 136 STAT. 5672 Secretary of Veterans Affairs regarding the provision of information to prescribers within Department of Veterans Affairs medical facilities on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders. “(2) Rule of construction.—Nothing in this subsection shall be construed as establishing or contributing to a medical standard of care.” . (6) Authorization of appropriations.—Section 544(g) of the Public Health Service Act (42 U.S.C. 290dd–3(g)), as redesignated, is amended by striking “fiscal years 2017 through 2021” and inserting “fiscal years 2023 through 2027”. (7) Technical amendments.—(A) Section 544 of the Public Health Service Act (42 U.S.C. 290dd–3), as amended, is further amended by striking “approved or cleared” each place it appears and inserting “approved, cleared, or otherwise legally marketed”. (B) Section 107 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) is amended by striking subsection (b).