Today, the Debarment Enforcement of Bad Actor Registrants (DEBAR) Act, legislation authored by Congressman Bob Latta (R-OH5), was signed into law by President Biden. The bill, which was introduced in February of this year, passed the House on April 15, 2021, by an overwhelming margin of 411-5, and later passed the Senate on July 27, 2021, by unanimous consent.
“The opioid and drug overdose epidemic continues to destroy the lives of Americans, including Ohioans, at an increasingly disturbing rate,” said Latta. “According to the Centers for Disease Control and Prevention (CDC), 93,331 overdose deaths occurred across the country in 2020, and nearly seventy-five percent of fatal overdoses can be attributed to opioids. Additionally, the National Institute on Drug Abuse reports that substance abuse costs our nation over $600 billion annually and treatment can help reduce these drugs. Every day, nearly 130 Americans die from an opioid overdose, and it is critical we stop bad actors from contributing to the deaths of those suffering from addiction.”
“Currently, individuals or companies who have their license to distribute opioids revoked one day can reapply the next to get it back,” continued Latta. “The DEBAR Act would put an end to this and finally hold those who act as bad actors accountable. I am grateful to my Senate colleagues and the President for moving swiftly to make this bill a law. It is time that the American people finally have the upper hand over the bad actors who continue to contribute to this opioid crisis.”
Currently, there is nothing that prevents an applicant who had their licensed revoked on Friday to be able to reapply Monday. If a revoked registrant reapplies for a registration, staff must request an Order to Show Cause (OTSC), which requires a hearing by a Drug Enforcement Administration (DEA) Administrative Law Judge, which typically results in the registrants denied registration. However, a DEA Chief Counsel Attorney pointed out that there are cases in which an OTSC was not issued, and a new DEA registration was granted to those with prior violations.
The DEBAR Act amends the Controlled Substance Act (CSA) to allow the Attorney General that he or she may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period as the Attorney General may determine, any person from being registered to manufacture, distribute, or dispense a controlled substance or a list I chemical.
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