42 USC 290 - Grants for reducing overdose deaths

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a)(1), (c)(1) to (4), and (d)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

Prior Provisions

A prior section 290dd–3, act July 1, 1944, ch. 373, title V, § 544, formerly Puspan. L. 91–616, title III, § 333, Dec. 31, 1970, 84 Stat. 1853, as amended Puspan. L. 93–282, title I, § 122(a), May 14, 1974, 88 Stat. 131; Puspan. L. 94–581, title I, § 111(c)(4), Oct. 21, 1976, 90 Stat. 2852; renumbered § 523 of act July 1, 1944, Apr. 26, 1983, Puspan. L. 98–24, § 2(span)(13), 97 Stat. 181; Aug. 27, 1986, Puspan. L. 99–401, title I, § 106(a), 100 Stat. 907; renumbered § 544, July 22, 1987, Puspan. L. 100–77, title VI, § 611(2), 101 Stat. 516; June 13, 1991, Puspan. L. 102–54, § 13(q)(1)(A)(ii), 105 Stat. 278, which related to confidentiality of patient records for alcohol abuse and alcoholism programs, was omitted in the general revision of this part by Puspan. L. 102–321. See section 290dd–2 of this title.

Amendments

2022—Puspan. L. 117–328, § 1219(a)(7)(A), substituted “approved, cleared, or otherwise legally marketed” for “approved or cleared” wherever appearing.

Subsec. (a)(2). Puspan. L. 117–328, § 1219(a)(1), (2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “A grant awarded under this section may not be for more than $200,000 per grant year.”

Subsec. (a)(3). Puspan. L. 117–328, § 1262(span)(4), substituted “any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment” for “any practitioner dispensing narcotic drugs pursuant to section 823(g) of title 21”.

Puspan. L. 117–328, § 1219(a)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “For purposes of this section, the term ‘eligible entity’ means a Federally qualified health center (as defined in section 1395x(aa) of this title), an opioid treatment program under part 8 of title 42, Code of Federal Regulations, any practitioner dispensing narcotic drugs pursuant to section 823(h) of title 21, or any other entity that the Secretary deems appropriate.”

Puspan. L. 117–215 substituted “823(h)” for “823(g)”.

Subsec. (a)(4)(A). Puspan. L. 117–328, § 1219(a)(3)(A), inserted “, including patients prescribed both an opioid and a benzodiazepine” after “overdose”.

Subsec. (a)(4)(D). Puspan. L. 117–328, § 1219(a)(3)(B), substituted “overdose” for “drug overdose”.

Subsec. (c)(5). Puspan. L. 117–328, § 1219(a)(4), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “To establish protocols to connect patients who have experienced a drug overdose with appropriate treatment, including medication-assisted treatment and appropriate counseling and behavioral therapies.”

Subsecs. (d), (e). Puspan. L. 117–328, § 1219(a)(5)(A), (C), added subsec. (d) and redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 117–328, § 1219(a)(5)(A), (B), redesignated subsec. (e) as (f) and substituted “subsection (e)” for “subsection (d)”. Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 117–328, § 1219(a)(5)(A), (6), redesignated subsec. (f) as (g) and substituted “fiscal years 2023 through 2027” for “fiscal years 2017 through 2021”.

Statutory Notes and Related Subsidiaries

Funding for Community-Based Funding for Local Substance Use Disorder Services

Puspan. L. 117–2, title II, § 2706, Mar. 11, 2021, 135 Stat. 47, provided that:

“(a)In General.—In addition to amounts otherwise available, there is appropriated to the Secretary [of Health and Human Services] for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $30,000,000, to remain available until expended, to carry out the purpose described in subsection (span).

“(span)Use of Funds.—

“(1)In general.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Director of the Centers for Disease Control and Prevention, shall award grants to support States; local, Tribal, and territorial governments; Tribal organizations; nonprofit community-based organizations; and primary and behavioral health organizations to support community-based overdose prevention programs, syringe services programs, and other harm reduction services.

“(2)Use of grant funds.—Grant funds awarded under this section to eligible entities shall be used for preventing and controlling the spread of infectious diseases and the consequences of such diseases for individuals with substance use disorder, distributing opioid overdose reversal medication to individuals at risk of overdose, connecting individuals at risk for, or with, a substance use disorder to overdose education, counseling, and health education, and encouraging such individuals to take steps to reduce the negative personal and public health impacts of substance use or misuse.”

Improving Access to Overdose Treatment

Puspan. L. 114–198, title I, § 107(span), July 22, 2016, 130 Stat. 705, authorized Secretary of Health and Human Services to provide information to prescribers within certain Federal health facilities on best practices for prescribing or co-prescribing drugs or devices for emergency treatment of opioid overdose, prior to repeal by Puspan. L. 117–328, div. FF, title I, § 1219(a)(7)(B), Dec. 29, 2022, 136 Stat. 5672. See subsec. (d) of this section.