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5 U.S.C. § 7361 — Drug abuse

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7361 — Drug abuse

**(a)** The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. **(b)** Section 527 11 See References in Text note below. of the Public Health Service Act ([42 U.S.C. 290ee–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290ee–3&num=0&edition=prelim)), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. **(c)** Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under [section 7363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7363&num=0&edition=prelim). **(d)** For the purpose of this section, the term “agency” means an Executive agency.

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Source location: Title 5, Chapter 73, § 7361; chapter-073-suitability-security-and-conduct.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7363 — Reports to Congress

**(a)** The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in subsection (b). **(b)** Each report under this section shall include— (1) a description of any programs or services provided under section 7361 or 7362 of this title, including the costs associated with each such program or service and the source and adequacy of any funding 11 So in original. Probably should be followed by “of”. such program or service; (2) a description of the levels of participation in each program and service provided under section 7361 or 7362 of this title, and the effectiveness of such programs and services; (3) a description of the training and qualifications required of the personnel providing any program or service under section 7361 or 7362 of this title; (4) a description of the training given to supervisory personnel in connection with recognizing the symptoms of drug or alcohol abuse and the procedures (including those relating to confidentiality) under which individuals are referred for treatment, rehabilitation, or other assistance; (5) any recommendations for legislation considered appropriate by the Office and any proposed administrative actions; and (6) information describing any other related activities under [section 7904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7904&num=0&edition=prelim), and any other matter which the Office considers appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290ee–3 — State demonstration grants for comprehensive opioid abuse response

**(a) Definitions** In this section: (1) **Dispenser** — The term “dispenser” has the meaning given the term in [section 802 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim). (2) **Prescriber** — The term “prescriber” means a dispenser who prescribes a controlled substance, or the agent of such a dispenser. (3) **Prescriber of a schedule II, III, or IV controlled substance** — The term “prescriber of a schedule II, III, or IV controlled substance” does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Secretary may reasonably determine. (4) **Schedule II, III, or IV controlled substance** — The term “schedule II, III, or IV controlled substance” means a controlled substance that is listed on schedule II, schedule III, or schedule IV of [section 812(c) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812/c&num=0&edition=prelim). **(b) Grants for comprehensive opioid abuse response** (1) **In general** — The Secretary shall award grants to States, and combinations of States, to implement an integrated opioid abuse response initiative. (2) **Purposes** — A State receiving a grant under this section shall establish a comprehensive response plan to opioid abuse, which may include— (A) education efforts around opioid use, treatment, and addiction recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV controlled s

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290dd–2 — Confidentiality of records

**(a) Requirement** Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b). **(b) Permitted disclosure** (1) **Consent** — The following shall apply with respect to the contents of any record referred to in subsection (a): (A) Such contents may be used or disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained. (B) Once prior written consent of the patient has been obtained, such contents may be used or disclosed by a covered entity, business associate, or a program subject to this section for purposes of treatment, payment, and health care operations as permitted by the HIPAA regulations. Any information so disclosed may then be redisclosed in accordance with the HIPAA regulations. [Section 17935(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17935/c&num=0&edition=prelim) shall apply to all disclosures pursuant to subsection (b)(1) of this section. (C) It shall be permissible for a patient’s prior written consent to be given once for all such future uses or disclosures for purposes of treatment, payment, and health care operations, until such time as the patient revokes such consent in writing. (D) [Section 17935(a) of this title](https://uscode.house.gov/view.xh

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7301 — Presidential regulations

The President may prescribe regulations for the conduct of employees in the executive branch.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290ee — Opioid overdose reversal medication access, education, and co-prescribing grant programs

**(a) Grants** The Secretary shall make grants to States, localities, Indian Tribes, and Tribal organizations (as those terms are defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)) to— (1) implement strategies that increase access to drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] for emergency treatment of known or suspected opioid overdose, as appropriate, pursuant to a standing order; (2) encourage pharmacies to dispense opioid overdose reversal medication pursuant to a standing order; (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) develop or provide training materials that persons authorized to prescribe or dispense 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 may use to educate the public concerning— (A) when and how to safely administer such drug or device; and (B) steps to be taken after administering such drug or device; and (5) educate the public concerning the availability 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 without a person-specific prescription. **(b) Certain requirement** A grant may be made under this

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290ee — Opioid overdose reversal medication ac-

Page 934 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290ee 1 So in original. Probably should be capitalized. or a hospital that receives disproportionate share hospital payments under section 1395ww(d)(5)(F) of this title. (B) The eligible entity is located in a State with an age-adjusted rate of drug overdose deaths that is above the national overdose mortality rate, as determined by the Direc- tor of the Centers for Disease Control and Prevention, or under the jurisdiction of an Indian Tribe with an age-adjusted rate of drug overdose deaths that is above the na- tional overdose mortality rate, as deter- mined through appropriate mechanisms as determined by the Secretary in consultation with Indian Tribes. (C) The eligible entity demonstrates that recovery coaches will be placed in both health care settings and community set- tings. (7) Period of grant A grant awarded to an eligible entity under this section shall be for a period of not more than 5 years. (c) Definitions In this section: (1) Indian Tribe; tribal organization The terms ‘‘Indian Tribe’’ and ‘‘tribal orga- nization’’ have the meanings given the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ in section 5304 of title 25. (2) Recovery coach the 1 term ‘‘recovery coach’’ means an indi- vidual— (A) with knowledge of, or experience with, recovery from a substance use disorder; and (B) who has completed training from, and is determined to be in good standing by, a recovery services organization capable of conducting such training and making such determination. (3) Recovery community organization The term ‘‘recovery community organiza- tion’’ has the meaning given such term in sec- tion 290ee–2(a) of this title. (d) Reporting Requirements (1) Reports by grantees Each el

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7361 — Drug abuse

Page 902 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7361 1 See References in Text note below. (c) A Member of Congress or an officer or em- ployee who violates this section shall be subject to appropriate disciplinary and other remedial action in accordance with any applicable laws, Executive orders, and rules or regulations. (d) For purposes of this section— (1) the term ‘‘supervising ethics office’’ means— (A) the Committee on Standards of Official Conduct of the House of Representatives or the House of Representatives as a whole, for Members, officers, and employees of the House of Representatives; (B) the Select Committee on Ethics of the Senate, or the Senate as a whole, for Sen- ators, officers, and employees of the Senate; (C) the Judicial Conference of the United States for judges and judicial branch officers and employees; (D) the Office of Government Ethics for all executive branch officers and employees; and (E) in the case of legislative branch offi- cers and employees other than those speci- fied in subparagraphs (A) and (B), the com- mittee referred to in either such subpara- graph to which reports filed by such officers and employees under subchapter I of chapter 131 of this title are transmitted under such subchapter, except that the authority of this section may be delegated by such committee with respect to such officers and employees; and (2) the term ‘‘officer or employee’’ means an individual holding an appointive or elective position in the executive, legislative, or judi- cial branch of Government, other than a Mem- ber of Congress. (Added Pub. L. 101–194, title III, § 303(a), Nov. 30, 1989, 103 Stat. 1746; amended Pub. L. 101–280, § 4(d), May 4, 1990, 104 Stat. 158; Pub. L. 107–347, title II, § 209(g)(1)(C), Dec

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