Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense a controlled substance or a list I chemical is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked for dispensing or distributing a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual; or (2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using such registration for such purpose. Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance for such purpose.
Places upon the Attorney General the burden of proving, by clear and convincing evidence, in a proceeding to deny, revoke, or suspend a license, that the practitioner's intent was to cause or to assist in causing the suicide or euthanasia of any individual (but makes proof that the registrant knew that the use of such substance may increase the risk of death insufficient to meet such burden). Authorizes the practitioner to request review of the administrative record of such proceeding by the Medical Advisory Board on Pain Relief to be established by the Attorney General pursuant to this Act. Directs the Board, at the request of an applicant or registrant, to conduct such a review and issue an advisory opinion regarding whether a particular action at issue is an appropriate means to relieve pain or suffering that does not constitute a violation of this Act. Makes such opinion part of the administrative record which shall be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved.
Introduced in House
Introduced in House
Referred to House Judiciary
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Commerce
Referred to the Subcommittee on Health and Environment.
Referred to the Subcommittee on the Constitution.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 6 - 5.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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Reported (Amended) by the Committee on Judiciary. H. Rept. 105-683, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-683, Part I.
House Committee on Commerce Granted an extension for further consideration ending not later than Sept. 18, 1998.
Rules Committee Resolution H. Res. 535 Reported to House. Rule provides for consideration of H.R. 4006 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The bill shall be considered under the five-minute rule for a period not to exceed 3 hours. Measure will be considered read. Bill is open to amendments.
Committee on Commerce discharged.
Placed on the Union Calendar, Calendar No. 422.
Committee on Commerce discharged.