A bill to clarify the congressional intent behind the requirements relating to immediate suspension orders and corrective action plans under the Controlled Substances Act that were added by the Ensuring Patient Access and Effective Drug Enforcement Act of 2016.
DEA Enforcement and Authority Act of 2018
This bill amends the Controlled Substances Act (CSA) to modify enforcement authorities of the Drug Enforcement Administration (DEA).
The bill modifies the required elements of an order to show cause issued by the DEA before it denies, revokes, or suspends a registration for a CSA violation. Specifically, it eliminates the requirement for an order to show cause to notify the registrant of the opportunity to submit a corrective action plan.
Additionally, the bill modifies the standard of review for an immediate suspension order. Currently, the DEA may immediately suspend the registration of a controlled substances manufacturer, distributor, or dispenser to prevent imminent danger to the public health and safety. This bill lowers the standard for determining imminent danger to the public health and safety—from substantial likelihood of an immediate threat of harm to probable cause that harm will occur.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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