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38 U.S.C. § 7414 — Compliance with requirements for exam-
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Page 1229
TITLE 38—VETERANS’ BENEFITS
§ 7414
the Department, as calculated over the five-year
period preceding the determination.
(b) RECRUITMENT AND APPOINTMENT.—Notwith-
standing sections 3304 and 3309 through 3318 of
title 5, the Secretary may, upon a determination
by the Inspector General under subsection (a)
that there is a staffing shortage throughout the
Department with respect to a particular occupa-
tion, recruit and directly appoint, during the fis-
cal year after the fiscal year during which such
determination is made, qualified personnel to
serve in that particular occupation for the De-
partment.
(Added Pub. L. 113–146, title III, § 301(a)(1), Aug.
7, 2014, 128 Stat. 1784; amended Pub. L. 114–315,
title VIII, § 802(4), Dec. 16, 2016, 130 Stat. 1592;
Pub. L. 115–46, title II, § 201, Aug. 12, 2017, 131
Stat. 959.)
Editorial Notes
AMENDMENTS
2017—Subsec. (a). Pub. L. 115–46 substituted ‘‘at a
minimum, the five clinical occupations and the five
nonclinical occupations’’ for ‘‘the five occupations’’
and ‘‘with respect to each medical center of the Depart-
ment,’’ for ‘‘throughout the Department’’.
2016—Subsec. (b). Pub. L. 114–315 substituted ‘‘under
subsection (a)’’ for ‘‘under paragraph (1)’’.
Statutory Notes and Related Subsidiaries
DEADLINE FOR FIRST DETERMINATION
Pub. L. 113–146, title III, § 301(a)(3), Aug. 7, 2014, 128
Stat. 1784, provided that: ‘‘Notwithstanding the dead-
line under section 7412 of title 38, United States Code,
as added by paragraph (1), for the annual determination
of staffing shortages in the Veterans Health Adminis-
tration, the Inspector General of the Department of
Veterans Affairs shall make the first determination re-
quired under such section, and the Secretary of Vet-
erans Affairs shall publish in the
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Page 1229
TITLE 38—VETERANS’ BENEFITS
§ 7414
the Department, as calculated over the five-year
period preceding the determination.
(b) RECRUITMENT AND APPOINTMENT.—Notwith-
standing sections 3304 and 3309 through 3318 of
title 5, the Secretary may, upon a determination
by the Inspector General under subsection (a)
that there is a staffing shortage throughout the
Department with respect to a particular occupa-
tion, recruit and directly appoint, during the fis-
cal year after the fiscal year during which such
determination is made, qualified personnel to
serve in that particular occupation for the De-
partment.
(Added Pub. L. 113–146, title III, § 301(a)(1), Aug.
7, 2014, 128 Stat. 1784; amended Pub. L. 114–315,
title VIII, § 802(4), Dec. 16, 2016, 130 Stat. 1592;
Pub. L. 115–46, title II, § 201, Aug. 12, 2017, 131
Stat. 959.)
Editorial Notes
AMENDMENTS
2017—Subsec. (a). Pub. L. 115–46 substituted ‘‘at a
minimum, the five clinical occupations and the five
nonclinical occupations’’ for ‘‘the five occupations’’
and ‘‘with respect to each medical center of the Depart-
ment,’’ for ‘‘throughout the Department’’.
2016—Subsec. (b). Pub. L. 114–315 substituted ‘‘under
subsection (a)’’ for ‘‘under paragraph (1)’’.
Statutory Notes and Related Subsidiaries
DEADLINE FOR FIRST DETERMINATION
Pub. L. 113–146, title III, § 301(a)(3), Aug. 7, 2014, 128
Stat. 1784, provided that: ‘‘Notwithstanding the dead-
line under section 7412 of title 38, United States Code,
as added by paragraph (1), for the annual determination
of staffing shortages in the Veterans Health Adminis-
tration, the Inspector General of the Department of
Veterans Affairs shall make the first determination re-
quired under such section, and the Secretary of Vet-
erans Affairs shall publish in the Federal Register such
determination, by not later than the date that is 180
days after the date of the enactment of this Act [Aug.
7, 2014].’’
§ 7413. Treatment of podiatrists; clinical over-
sight standards
(a) PODIATRISTS.—Except as provided by sub-
section (b), a doctor of podiatric medicine who is
appointed as a podiatrist under section 7401(1) of
this title is eligible for any supervisory position
in the Veterans Health Administration to the
same degree that a physician appointed under
such section is eligible for the position.
(b) ESTABLISHMENT
OF
CLINICAL
OVERSIGHT
STANDARDS.—The Secretary, in consultation
with appropriate stakeholders, shall establish
standards to ensure that specialists appointed in
the Veterans Health Administration to super-
visory positions do not provide direct clinical
oversight for purposes of peer review or practice
evaluation for providers of other clinical spe-
cialties.
(Added Pub. L. 115–182, title V, § 502(a)(1), June 6,
2018, 132 Stat. 1475.)
Editorial Notes
CODIFICATION
Section 502(a)(1) of Pub. L. 115–182, which directed
that this section be added at the end of subchapter I of
chapter 74, without specifying the Code title to be
amended, was executed by adding this section at the
end of this subchapter, to reflect the probable intent of
Congress.
§ 7414. Compliance with requirements for exam-
ining qualifications and clinical abilities of
health care professionals
(a) COMPLIANCE WITH CREDENTIALING REQUIRE-
MENTS.—The Secretary shall ensure that each
medical center of the Department, in a con-
sistent manner—
(1) compiles, verifies, and reviews docu-
mentation for each health care professional of
the Department at such medical center re-
garding, at a minimum—
(A) the professional licensure, certifi-
cation, or registration of the health care
professional;
(B) whether the health care professional
holds a Drug Enforcement Administration
registration; and
(C) the education, training, experience,
malpractice
history,
and
clinical
com-
petence of the health care professional; and
(2) continuously monitors any changes to
the matters under paragraph (1), including
with respect to suspensions, restrictions, limi-
tations, probations, denials, revocations, and
other changes, relating to the failure of a
health care professional to meet generally ac-
cepted standards of clinical practice in a man-
ner that presents reasonable concern for the
safety of patients.
(b) REGISTRATION REGARDING CONTROLLED SUB-
STANCES.—(1) Except as provided in paragraph
(2), the Secretary shall ensure that each covered
health care professional holds an active Drug
Enforcement Administration registration.
(2) The Secretary shall—
(A) determine the circumstances in which a
medical center of the Department must obtain
a waiver under section 302(d) of the Controlled
Substances Act (21 U.S.C. 822(d)) with respect
to covered health care professionals; and
(B) establish a process for medical centers to
request such waivers.
(3) In carrying out paragraph (1), the Sec-
retary shall ensure that each medical center of
the Department monitors the Drug Enforcement
Administration registrations of covered health
care professionals at such medical center in a
manner that ensures the medical center is made
aware of any change in status in the registra-
tion by not later than seven days after such
change in status.
(4) If a covered health care professional does
not hold an active Drug Enforcement Adminis-
tration registration, the Secretary shall carry
out any of the following actions, as the Sec-
retary determines appropriate:
(A) Obtain a waiver pursuant to paragraph
(2).
(B) Transfer the health care professional to
a position that does not require prescribing,
dispensing, administering, or conducting re-
search with controlled substances.
(C) Take appropriate actions under sub-
chapter V of this chapter, with respect to an
employee of the Department, or take appro-
Page 1230
TITLE 38—VETERANS’ BENEFITS
§ 7414
priate contract administration actions, with
respect to a contractor of the Department.
(c) REVIEWS OF CONCERNS RELATING TO QUAL-
ITY OF CLINICAL CARE.—(1) The Secretary shall
ensure that each medical center of the Depart-
ment, in a consistent manner, carries out—
(A) ongoing, retrospective, and comprehen-
sive monitoring of the performance and qual-
ity of the health care delivered by each health
care professional of the Department located at
the medical center, including with respect to
the safety of such care; and
(B) timely and documented reviews of such
care if an individual notifies the Secretary of
any potential concerns relating to a failure of
a health care professional of the Department
to meet generally accepted standards of clin-
ical practice in a manner that presents reason-
able concern for the safety of patients.
(2) The Secretary shall establish a policy to
carry out paragraph (1), including with respect
to—
(A) determining the period by which a med-
ical center of the Department must initiate
the review of a concern described in subpara-
graph (B) of such paragraph following the date
on which the concern is received; and
(B) ensuring the compliance of each medical
center with such policy.
(d) COMPLIANCE WITH REQUIREMENTS FOR RE-
PORTING QUALITY OF CARE CONCERNS.—If the Sec-
retary substantiates a concern relating to the
clinical competency of, or quality of care deliv-
ered by, a health care professional of the De-
partment (including a former health care profes-
sional of the Department), the Secretary shall
ensure that the appropriate medical center of
the Department timely notifies the following
entities of such concern, as appropriate:
(1) The appropriate licensing, registration,
or certification body in each State in which
the health care professional is licensed, reg-
istered, or certified.
(2) The Drug Enforcement Administration.
(3) The National Practitioner Data Bank es-
tablished pursuant to the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11101 et
seq.).
(4) Any other relevant entity.
(e)
PROHIBITION
ON
CERTAIN
SETTLEMENT
AGREEMENT TERMS.—(1) The Secretary may not
enter into a settlement agreement relating to
an adverse action against a health care profes-
sional of the Department if such agreement in-
cludes terms that require the Secretary to con-
ceal from the personnel file of the employee a
serious medical error or lapse in clinical prac-
tice that constitutes a substantial failure to
meet generally accepted standards of clinical
practice as to raise reasonable concern for the
safety of patients.
(2) Nothing in paragraph (1) limits—
(A) the right of an employee to appeal a
quality of care determination; or
(B) the rights of an employee under sections
1214 and 1221 of title 5.
(f) TRAINING.—Not less frequently than annu-
ally, the Secretary shall provide mandatory
training on the following duties to employees of
the Department who are responsible for per-
forming such duties:
(1) Compiling, validating, or reviewing the
credentials of health care professionals of the
Department.
(2) Reviewing the quality of clinical care de-
livered by health care professionals of the De-
partment.
(3) Taking adverse privileging actions or
making determinations relating to other dis-
ciplinary
actions
or
employment
actions
against health care professionals of the De-
partment for reasons relating to the failure of
a health care professional to meet generally
accepted standards of clinical practice in a
manner that presents reasonable concern for
the safety of patients.
(4) Making notifications under subsection
(d).
(g) DEFINITIONS.—In this section:
(1) The term ‘‘controlled substance’’ has the
meaning given that term in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
(2) The term ‘‘covered health care profes-
sional’’ means an individual employed in a po-
sition as a health care professional of the De-
partment, or a contractor of the Department,
that requires the individual to be authorized
to prescribe, dispense, administer, or conduct
research with, controlled substances.
(3) The term ‘‘Drug Enforcement Adminis-
tration registration’’ means registration with
the Drug Enforcement Administration under
section 303 of the Controlled Substances Act
(21 U.S.C. 823) 302 of the Controlled Substances
Act (21 U.S.C. 822) by health care practitioners
authorized to dispense, prescribe, administer,
or conduct research with, controlled sub-
stances.
(4) The term ‘‘health care professional of the
Department’’ means an individual working for
the Department in a position described in sec-
tion 7401 of this title, including a contractor of
the Department serving in such a position.
(Added Pub. L. 117–328, div. U, title I, § 112(a),
Dec. 29, 2022, 136 Stat. 5411.)
Editorial Notes
REFERENCES IN TEXT
The Health Care Quality Improvement Act of 1986, re-
ferred to in subsec. (d)(3), is title IV of Pub. L. 99–660,
Nov. 14, 1986, 100 Stat. 3784, which is classified generally
to chapter 117 (§ 11101 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 11101 of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
DEADLINE FOR IMPLEMENTATION
Pub. L. 117–328, div. U, title I, § 112(c), Dec. 29, 2022, 136
Stat. 5414, provided that: ‘‘The Secretary of Veterans
Affairs shall commence the implementation of section
7414 of title 38, United States Code, as added by sub-
section (a), by the following dates:
‘‘(1) With respect to subsections (a), (c)(2), (d), and
(f) of such section, not later than 180 days after the
date of the enactment of this Act [Dec. 29, 2022].
‘‘(2) With respect to subsection (c)(1) of such sec-
tion, not later than one year after the date of the en-
actment of this Act.
Page 1231
TITLE 38—VETERANS’ BENEFITS
§ 7422
‘‘(3) With respect to subsection (b)(2) of such sec-
tion, not later than 18 months after the date of the
enactment of this Act.’’
AUDITS AND REPORTS
Pub. L. 117–328, div. U, title I, § 112(d), Dec. 29, 2022, 136
Stat. 5414, provided that:
‘‘(1) AUDITS.—
‘‘(A) IN GENERAL.—The Secretary of Veterans Af-
fairs shall carry out annual audits of the compliance
of medical centers of the Department of Veterans Af-
fairs with the matters required by section 7414 of title
38, United States Code, as added by subsection (a).
‘‘(B) CONDUCT
OF
AUDITS.—In carrying out audits
under subparagraph (A), the Secretary—
‘‘(i) may not authorize the medical center being
audited to conduct the audit; and
‘‘(ii) may enter into an agreement with another
department or agency of the Federal Government
or a nongovernmental entity to conduct such au-
dits.
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act [Dec. 29, 2022], and
annually thereafter for five years, the Secretary of
Veterans Affairs shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on
Veterans’ Affairs of the House of Representatives a
report on the audits conducted under paragraph (1).
‘‘(B) ELEMENTS.—Each report submitted under sub-
paragraph (A) shall include a summary of the compli-
ance by each medical center of the Department of
Veterans Affairs with the matters required by section
7414 of title 38, United States Code, as added by sub-
section (a).
‘‘(C) INITIAL REPORT.—The Secretary shall include
in the first report submitted under subparagraph (A)
the following:
‘‘(i) A description of the progress made by the
Secretary in implementing section 7414 of title 38,
United States Code, as added by subsection (a), in-
cluding any matters under such section that the
Secretary has not fully implemented.
‘‘(ii) An analysis of the feasibility, advisability,
and cost of requiring credentialing employees of
the Department to be trained by an outside entity
and to maintain a credentialing certification.’’
SUBCHAPTER II—COLLECTIVE BARGAINING
AND PERSONNEL ADMINISTRATION
§ 7421. Personnel administration: in general
(a) Notwithstanding any law, Executive order,
or regulation, the Secretary shall prescribe by
regulation the hours and conditions of employ-
ment and leaves of absence of employees ap-
pointed under any provision of this title in posi-
tions in the Veterans Health Administration
listed in subsection (b).
(b) Subsection (a) refers to the following posi-
tions:
(1) Physicians.
(2) Dentists.
(3) Podiatrists.
(4) Optometrists.
(5) Registered nurses.
(6) Physician assistants.
(7) Expanded-duty dental auxiliaries.
(8) Chiropractors.
(9) Any position for which the employee is
appointed under section 7306 or 7401(4) of this
title.
(Added Pub. L. 102–40, title II, § 202, May 7, 1991,
105 Stat. 200; amended Pub. L. 108–170, title III,
§ 302(g), Dec. 6, 2003, 117 Stat. 2058; Pub. L.
117–168, title IX, § 906(c)(1), Aug. 10, 2022, 136 Stat.
1812.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 4108(a) of this title prior to the repeal
of that section as part of the complete revision of chap-
ter 73 of this title by Pub. L. 102–40.
AMENDMENTS
2022—Subsec. (a). Pub. L. 117–168, § 906(c)(1)(A), sub-
stituted ‘‘this title’’ for ‘‘this chapter’’.
Subsec. (b)(9). Pub. L. 117–168, § 906(c)(1)(B), added par.
(9).
2003—Subsec. (b)(8). Pub. L. 108–170 added par. (8).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–170 effective at end of 180-
day period beginning on Dec. 6, 2003, see section 302(h)
of Pub. L. 108–170, set out as a note under section 7316
of this title.
TREATMENT OF PRIOR LEAVE BALANCES
Pub. L. 117–168, title IX, § 906(c)(5), Aug. 10, 2022, 136
Stat. 1813, provided that: ‘‘Notwithstanding any other
provision of law, the Secretary [of Veterans Affairs]
may adjust the leave balance and carryover leave bal-
ance of any employee described in section 7421(b)(9) of
title 38, United States Code, as amended by paragraph
(1)(B), to ensure any leave accrued or carried over be-
fore the date of the enactment of this Act [Aug. 10,
2022] remains available to such employee.’’
PRESERVATION OF EXISTING COLLECTIVE-BARGAINING
ARRANGEMENTS AND PENDING ACTIONS
Pub. L. 102–40, title II, § 205, May 7, 1991, 105 Stat. 207,
provided that:
‘‘(a)
EXISTING
COLLECTIVE-BARGAINING
ARRANGE-
MENTS.—Any determination under chapter 71 of title 5,
United States Code, of a collective bargaining unit
within the Veterans Health Administration of the De-
partment of Veterans Affairs, and any recognition
under that chapter of an employee labor organization
as the exclusive bargaining representative for employ-
ees in a collective bargaining unit of the Department of
Veterans Affairs, that is in effect on the date of the en-
actment of this Act [May 7, 1991] shall not be affected
by the amendments made by this Act [see Tables for
classification] and shall continue in effect in accord-
ance with the terms of such determination or regula-
tion.
‘‘(b) PENDING CASES.—With respect to cases pending
on the date of the enactment of this Act [May 7, 1991],
or those cases which are brought before the establish-
ment of either an administrative grievance procedure
pursuant to section 7463 of title 38, United States Code
(as added by the amendments made by this title), or a
negotiated grievance procedure established under a col-
lective bargaining agreement, such cases shall proceed
in the same manner as they would have if this Act [see
Tables for classification] had not been enacted.’’
§ 7422. Collective bargaining
(a) Except as otherwise specifically provided
in this title, the authority of the Secretary to
prescribe regulations under section 7421 of this
title is subject to the right of Federal employees
to engage in collective bargaining with respect
to conditions of employment through represent-
atives chosen by them in accordance with chap-
ter 71 of title 5 (relating to labor-management
relations).
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
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Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Period of registration**
(1) Every person who manufactures or distributes any controlled substance or list I chemical, or who proposes to engage in the manufacture or distribution of any controlled substance or list I chemical, shall obtain annually a registration issued by the Attorney General in accordance with the rules and regulations promulgated by him.
(2) Every person who dispenses, or who proposes to dispense, any controlled substance, shall obtain from the Attorney General a registration issued in accordance with the rules and regulations promulgated by him. The Attorney General shall, by regulation, determine the period of such registrations. In no event, however, shall such registrations be issued for less than one year nor for more than three years.
(3)
(A) Except as provided in subparagraph (C), the registration of any registrant under this subchapter to manufacture, distribute, or dispense controlled substances or list I chemicals terminates if and when such registrant—
(i) dies;
(ii) ceases legal existence;
(iii) discontinues business or professional practice; or
(iv) surrenders such registration.
(B) In the case of such a registrant who ceases legal existence or discontinues business or professional practice, such registrant shall promptly notify the Attorney General in writing of such fact.
(C) No registration under this subchapter to manufacture, distribute, or dispense controlled substances or list I chemicals, and no authority conferred thereby, may be assigned or otherwise transferred except upon such conditions as the Attorney General may specify and then only pursuant to written consent. A registrant to whom a registration is assigned or transferred pursuant to the preceding sentence may not manufacture, distr
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Federal law — U.S. Code and appendices · legal_authorities
Page 805
TITLE 21—FOOD AND DRUGS
§ 822
(D) any actions taken by the manufacturer
to prevent diversion of the drug product; and
(E) such other factors as are relevant to
and consistent with the public health and
safety, including the factors described in
subsection (b) as applied to the drug prod-
uct.
(3) Status pending application for reinstate-
ment
A transaction involving a particular drug
product that is the subject of a bona fide pend-
ing application for reinstatement of exemp-
tion filed with the Attorney General not later
than 60 days after a regulation removing the
exemption is issued pursuant to subsection (a)
shall not be considered to be a regulated
transaction if the transaction occurs during
the pendency of the application and, if the At-
torney General denies the application, during
the period of 60 days following the date on
which the Attorney General denies the appli-
cation, unless—
(A) the Attorney General has evidence
that, applying the factors described in sub-
section (b) to the drug product, the drug
product is being diverted; and
(B) the Attorney General so notifies the
applicant.
(4) Amendment and modification
A regulation reinstating an exemption under
paragraph (1) may be modified or revoked with
respect to a particular drug product upon a
finding that—
(A) applying the factors described in sub-
section (b) to the drug product, the drug
product is being diverted; or
(B) there is a significant change in the
data that led to the issuance of the regula-
tion.
(Pub. L. 91–513, title II, § 204, as added Pub. L.
103–200, § 2(b)(1), Dec. 17, 1993, 107 Stat. 2334;
amended Pub. L. 104–237, title IV, § 401(c), Oct. 3,
1996, 110 Stat. 3108; Pub. L. 109–177, title VII,
§ 712(a)(2), Mar. 9, 2006, 120 Stat. 263.)
Editorial No
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 822
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 822. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Manufacturers of controlled substances in schedule I or II** The Attorney General shall register an applicant to manufacture controlled substances in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. In determining the public interest, the following factors shall be considered:
(1) maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule I or II compounded therefrom into other than legitimate medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes;
(2) compliance with applicable State and local law;
(3) promotion of technical advances in the art of manufacturing these substances and the development of new substances;
(4) prior conviction record of applicant under Federal and State laws relating to the manufacture, distribution, or dispensing of such substances;
(5) past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and
(6) such other factors as may be relevant to and consistent with the public health and safety.
**(b) Distributors of controlled substances in schedule I or II** The Attorney General shall register an applicant to distribute a controlled substance in schedule I or II unless he determines that the issuance of such registration is inconsist
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 823
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 823. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 809
TITLE 21—FOOD AND DRUGS
§ 823
(2) a manufacturer, distributor, or reverse
distributor of prescription medications;
(3) a retail pharmacy;
(4) a registered narcotic treatment program;
(5) a hospital or clinic with an onsite phar-
macy;
(6) an eligible long-term care facility; or
(7) any other entity authorized by the Drug
Enforcement Administration to dispose of pre-
scription medications.
(b) Program authorized
The Attorney General, in coordination with
the Administrator of the Drug Enforcement Ad-
ministration, the Secretary of Health and
Human Services, and the Director of the Office
of National Drug Control Policy, shall coordi-
nate with covered entities in expanding or mak-
ing available disposal sites for unwanted pre-
scription medications.
(Pub. L. 114–198, title II, § 203, July 22, 2016, 130
Stat. 717.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Comprehensive
Addiction and Recovery Act of 2016, and not as part of
the Controlled Substances Act which comprises this
subchapter.
Statutory Notes and Related Subsidiaries
ACCESS TO INCREASED DRUG DISPOSAL
Pub. L. 115–271, title III, subtitle B, ch. 6, Oct. 24, 2018,
132 Stat. 3950, provided that:
‘‘SEC. 3251. SHORT TITLE.
‘‘This chapter may be cited as the ‘Access to In-
creased Drug Disposal Act of 2018’.
‘‘SEC. 3252. DEFINITIONS.
‘‘In this chapter—
‘‘(1) the term ‘Attorney General’ means the Attor-
ney General, acting through the Assistant Attorney
General for the Office of Justice Programs;
‘‘(2) the term ‘authorized collector’ means a nar-
cotic treatment program, a hospital or clinic with an
on-site pharmacy, a retail pharmacy, or a reverse dis-
tributor, that is authorized as a collector under sec-
tion 1317.40 of title 21, Code of Federal Regulations
(or a
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 823
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 823. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance With Credentialing Requirements.—** The Secretary shall ensure that each medical center of the Department, in a consistent manner—
(1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum—
(A) the professional licensure, certification, or registration of the health care professional;
(B) whether the health care professional holds a Drug Enforcement Administration registration; and
(C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and
(2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients.
**(b) Registration Regarding Controlled Substances.—**
(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration.
(2) The Secretary shall—
(A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 302(d) of the Controlled Substances Act ([21 U.S.C. 822(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section822/d&num=0&edition=prelim)) with respect to covered health care professionals; and
(B) establish a process for medical centers to request such waivers.
(3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforceme
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7414
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual reports to Congress** The Secretary shall report to Congress, annually during the three years after November 14, 1986, on the implementation of this chapter.
**(b) Memoranda of understanding** The Secretary of Health and Human Services shall seek to enter into memoranda of understanding with the Secretary of Defense and the Administrator of Veterans’ Affairs to apply the provisions of subchapter II of this chapter to hospitals and other facilities and health care providers under the jurisdiction of the Secretary or Administrator, respectively. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memoranda and on the cooperation among such officials in establishing such memoranda.
**(c) Memorandum of understanding with Drug Enforcement Administration** The Secretary of Health and Human Services shall seek to enter into a memorandum of understanding with the Administrator of Drug Enforcement relating to providing for the reporting by the Administrator to the Secretary of information respecting physicians and other practitioners whose registration to dispense controlled substances has been suspended or revoked under [section 824 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section824&num=0&edition=prelim). The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memorandum and on the cooperation between the Secretary and the Administrator in establishing such a memorandum.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11101
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8114
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11101
1 So in original. Probably should be ‘‘for purposes of subpara-
graph (A),’’.
Sec.
11115.
Construction.
SUBCHAPTER II—REPORTING OF INFORMATION
11131.
Requiring reports on medical malpractice
payments.
11132.
Reporting of sanctions taken by Boards of
Medical Examiners.
11133.
Reporting of certain professional review ac-
tions taken by health care entities.
11134.
Form of reporting.
11135.
Duty of hospitals to obtain information.
11136.
Disclosure and correction of information.
11137.
Miscellaneous provisions.
SUBCHAPTER III—DEFINITIONS AND REPORTS
11151.
Definitions.
11152.
Reports and memoranda of understanding.
§ 11101. Findings
The Congress finds the following:
(1) The increasing occurrence of medical
malpractice and the need to improve the qual-
ity of medical care have become nationwide
problems that warrant greater efforts than
those that can be undertaken by any indi-
vidual State.
(2) There is a national need to restrict the
ability of incompetent physicians to move
from State to State without disclosure or dis-
covery of the physician’s previous damaging
or incompetent performance.
(3) This nationwide problem can be remedied
through effective professional peer review.
(4) The threat of private money damage li-
ability under Federal laws, including treble
damage liability under Federal antitrust law,
unreasonably discourages physicians from par-
ticipating in effective professional peer re-
view.
(5) There is an overriding national need to
provide incentive and protection for physi-
cians engaging in effective professional peer
review.
(Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100
Stat. 3784.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11101. This identifies an authority to review, not proof of applicability.