§290ee–3 — Title 42 The Public Health and Welfare | U.S. Code

§290ee–3 State demonstration grants for comprehensive opioid abuse response

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER III–A— - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION › Part Part D— - Miscellaneous Provisions Relating to Substance Abuse and Mental Health › § 290ee–3

Last updated Apr 6, 2026|Official source

Summary

The federal government must give grants to states (or groups of states) so they can build and run a coordinated plan to fight opioid misuse. States that get money must make a broad plan that can include public and medical education, creating or improving a statewide prescription drug monitoring system that can share data and be accessed by prescribers, expanding treatment and recovery services (including medication-assisted treatment, behavioral therapy, and school-based recovery support), testing and care for hepatitis C and HIV for people in treatment, overdose-prevention work, and public awareness about safe drug disposal and warning signs. States must apply in the form the Secretary requires, and the grants can pay for costs like technical help, training, and admin. Key term notes: "dispenser" is defined in another law; "prescriber" means a dispenser who writes prescriptions or their agent; a “prescriber of a schedule II, III, or IV controlled substance” does not include someone who only gives the drug for use on-site, in an emergency room when supplies are low, at a certified opioid treatment program, or in other cases the Secretary allows; and schedule II–IV drugs are those listed in federal law. The Secretary should give priority to states that, for example, protect trained people who give overdose drugs from civil liability (with the state attorney general certifying the protection), help incarcerated people enroll in community treatment before release, enable PDMP data sharing and regular updates, notify prescribers about suspected misuse, and have laws or policies that make prescribers use PDMPs. If a state has no prescription monitoring program, a county or local government that does have one can apply like a state but must show how it will share data. The law authorizes $5,000,000 for each of fiscal years 2017 through 2021.

Title 42, §290ee–3

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

(1)The term “dispenser” has the meaning given the term in section 802 of title 21.

(2)The term “prescriber” means a dispenser who prescribes a controlled substance, or the agent of such a dispenser.

(3)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)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.

(b)(1)The Secretary shall award grants to States, and combinations of States, to implement an integrated opioid abuse response initiative.

(2)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 substances on relevant prescribing guidelines, the prescription drug monitoring program of the State described in subparagraph (B), and overdose prevention methods;

(B)establishing, maintaining, or improving a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which may—

(i)provide for data sharing with other States; and

(ii)allow all individuals authorized by the State to write prescriptions for schedule II, III, or IV controlled substances to access the prescription drug monitoring program of the State;

(C)developing, implementing, or expanding prescription drug and opioid addiction treatment programs by—

(i)expanding the availability of treatment for prescription drug and opioid addiction, including medication-assisted treatment and behavioral health therapy, as appropriate;

(ii)developing, implementing, or expanding screening for individuals in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and treating or referring those individuals if clinically appropriate; or

(iii)developing, implementing, or expanding recovery support services and programs at high schools or institutions of higher education;

(D)developing, implementing, and expanding efforts to prevent overdose death from opioid abuse or addiction to prescription medications and opioids; and

(E)advancing the education and awareness of the public, providers, patients, consumers, and other appropriate entities regarding the dangers of opioid abuse, safe disposal of prescription medications, and detection of early warning signs of opioid use disorders.

(3)A State seeking a grant under this section shall submit to the Secretary an application in such form, and containing such information, as the Secretary may reasonably require.

(4)A State that receives a grant under this section shall use the grant for the cost, including the cost for technical assistance, training, and administration expenses, of carrying out an integrated opioid abuse response initiative as outlined by the State’s comprehensive response plan to opioid abuse established under paragraph (2).

(5)In awarding grants under this section, the Secretary shall, as appropriate, give priority to a State that—

(A)(i)provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] for emergency treatment of known or suspected opioid overdose; and

(ii)submits to the Secretary a certification by the attorney general of the State that the attorney general has—

(I)reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who—

(aa)have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and

(bb)may administer a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and

(II)concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons;

(B)has a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration;

(C)ensures the capability of data sharing with other States, where applicable, such as by making data available to a prescription monitoring hub;

(D)ensures that data recorded in the prescription drug monitoring program database of the State are regularly updated, to the extent possible;

(E)ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected; and

(F)has in effect one or more statutes or implements policies that maximize use of prescription drug monitoring programs by individuals authorized by the State to prescribe schedule II, III, or IV controlled substances.

(6)In conducting an evaluation of the program under this section pursuant to section 701 of the Comprehensive Addiction and Recovery Act of 2016, with respect to a State, the Secretary shall report on State legislation or policies related to maximizing the use of prescription drug monitoring programs and the incidence of opioid use disorders and overdose deaths in such State.

(7)(A)In the case of a State that does not have a prescription drug monitoring program, a county or other unit of local government within the State that has a prescription drug monitoring program shall be treated as a State for purposes of this section, including for purposes of eligibility for grants under paragraph (1).

(B)In submitting an application to the Secretary under paragraph (3), a county or other unit of local government shall submit a plan outlining the methods such county or unit of local government shall use to ensure the capability of data sharing with other counties and units of local government within the state 11 So in original. Probably should be capitalized. and with other States, as applicable.

(c)For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(5)(A)(i), (ii)(I), 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. section 701 of the Comprehensive Addiction and Recovery Act of 2016, referred to in subsec. (b)(6), is section 701 of Pub. L. 114–198, which enacted section 290aa–15 and 290aa–16 of this title, section 10706 and 10707 of Title 34, Crime Control and Law

Enforcement

, and provisions set out as a note under section 290aa–15 of this title.

Prior Provisions

A prior section 290ee–3, act

July 1, 1944, ch. 373, title V, § 548, formerly Pub. L. 92–255, title IV, § 408, Mar. 21, 1972, 86 Stat. 79, as amended Pub. L. 93–282, title III, § 303(a), (b),

May 14, 1974, 88 Stat. 137, 138; Pub. L. 94–237, § 4(c)(5)(A), Mar. 19, 1976, 90 Stat. 244; Pub. L. 94–581, title I, § 111(c)(3), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 97–35, title IX, § 973(d), Aug. 13, 1981, 95 Stat. 598; renumbered § 527 of act

July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98–24, § 2(b)(16)(B), 97 Stat. 182; Aug. 27, 1986, Pub. L. 99–401, title I, § 106(b), 100 Stat. 907; renumbered § 548,

July 22, 1987, Pub. L. 100–77, title VI, § 611(2), 101 Stat. 516;

June 13, 1991, Pub. L. 102–54, § 13(q)(1)(A)(iii), (B)(ii), 105 Stat. 278, which related to confidentiality of patient records for drug abuse programs, was omitted in the general revision of this part by Pub. L. 102–321. See section 290dd–2 of this title.

Statutory Notes and Related Subsidiaries

Grant Program for the State and Tribal Response to the Opioid Abuse Crisis Pub. L. 114–255, div. A, title I, § 1003, Dec. 13, 2016, 130 Stat. 1044, as amended by Pub. L. 115–271, title VII, § 7181(a), Oct. 24, 2018, 132 Stat. 4068, which related to grant program to address opioid abuse crisis within States and Indian Tribes, was amended generally by Pub. L. 117–328, div. FF, title I, § 1273, Dec. 29, 2022, 136 Stat. 5688, and transferred to section 290ee–3a of this title.