Section 1–Title: This Act shall be known as the Illegal Ketamine Sales Prevention Act.
Section 2–Identification of Unlawful Online Ketamine Sales: The Secretary of Health and Human Services, acting through the Food and Drug Administration, and the Attorney General, acting through the Drug Enforcement Administration, shall establish coordinated procedures to identify and investigate websites and online businesses suspected of unlawfully advertising, selling, distributing, or dispensing ketamine to consumers in the United States.
Enforcement shall prioritize sellers offering ketamine without a valid prescription, distributing unapproved or misbranded products in violation of Federal law, operating without required registration, or knowingly making materially false claims concerning the safety, approval, or medical uses of ketamine.
Section 3–Enforcement and Corrective Action: Upon identifying a suspected violation, the appropriate Federal agency shall investigate and may issue a warning, demand corrective action, initiate an administrative proceeding, or refer the matter for civil or criminal enforcement under applicable Federal law.
A warning issued under this Act shall identify the suspected violation and require the recipient to respond within 15 days.
Failure to respond or correct an ongoing violation may result in additional enforcement action, including referral to the Department of Justice.
Nothing in this section shall require an agency to issue a warning before taking immediate enforcement action when necessary to protect public health or prevent unlawful distribution.
Section 4–Online Sales and Payment Coordination: The Food and Drug Administration and Drug Enforcement Administration may provide verified notices of suspected unlawful ketamine sales to appropriate payment processors, online marketplaces, domain registrars, and website-hosting providers.
Such notices shall identify the suspected violation and applicable Federal law.
Nothing in this Act shall require a private company to terminate service solely upon receiving a notice, or authorize a Federal agency to compel the removal of lawful online content without otherwise applicable legal authority.
Section 5–Protection of Legitimate Medical Treatment: Nothing in this Act shall prohibit lawful ketamine prescribing, dispensing, or administration by licensed medical professionals or pharmacies operating in compliance with Federal and State law.
No person shall be subject to enforcement under this Act solely for providing lawful telemedicine services, discussing ketamine treatment, or publishing medical information.
Section 6–Congressional Oversight: Not later than one year after enactment, and annually thereafter, the Secretary of Health and Human Services and the Attorney General shall submit a joint report to the Senate and the President identifying the number of suspected unlawful online ketamine sellers investigated; the number of warning letters and enforcement actions issued; the number of matters referred for civil or criminal enforcement; the number of identified violations corrected or resolved; and recommendations for addressing recurring enforcement deficiencies.
Reports shall protect patient information, ongoing investigations, and other information prohibited from disclosure by Federal law.
Section 7–Implementation: The Secretary of Health and Human Services and the Attorney General shall implement this Act within 180 days after enactment, using existing enforcement authorities and available appropriations.
