Responsible Ketamine Prescribing Act

Section 1–Title: This Act shall be known as the Responsible Ketamine Prescribing Act.

Section 2–In-Person Medical Evaluation Required for Initial Ketamine Prescriptions: Except as provided in Section 4, a practitioner may not prescribe or otherwise authorize the dispensing of ketamine to a patient for a new course of outpatient treatment unless the patient has received an in-person medical evaluation before the first prescription for such treatment.

A patient who was prescribed ketamine through telemedicine before the effective date of this Act and who has not previously received an in-person medical evaluation related to the patient's ketamine treatment shall receive such an evaluation before any additional prescription or dispensing of ketamine may be authorized after the effective date.

The in-person medical evaluation shall be conducted by the prescribing practitioner or by another licensed practitioner participating in the care of the patient and shall include an evaluation sufficient to determine whether treatment with ketamine is medically appropriate.

A practitioner prescribing ketamine following an evaluation conducted by another practitioner shall review the relevant medical record and document the basis for determining that treatment with ketamine is appropriate.

Section 3–Continuing Treatment: After completion of the in-person medical evaluation required under Section 2, subsequent evaluations and prescriptions involving ketamine may be conducted through telemedicine to the extent otherwise permitted under federal and state law.

Nothing in this Act shall prohibit a practitioner from requiring additional in-person evaluations when medically appropriate.

Section 4–Exceptions: The requirements of Section 2 shall not apply to ketamine administered directly to a patient by a licensed practitioner in a hospital, clinic, surgical facility, emergency department, or other licensed health-care facility; ketamine administered to a patient receiving inpatient, emergency, hospice, or palliative care; ketamine administered by emergency medical personnel acting within their lawful scope of practice; or circumstances in which the Secretary of Health and Human Services determines that requiring a prior in-person evaluation would create a serious and immediate threat to patient health or safety.

Nothing in this Act shall be construed to prohibit the legitimate medical use of ketamine, restrict the administration of ketamine for anesthesia or emergency medicine, or impose an in-person requirement on a controlled substance other than ketamine.

Nothing in this Act shall preempt a State law establishing greater protections or more stringent requirements governing the prescribing or administration of ketamine.

Section 5–Enforcement: A prescription issued in violation of this Act shall be treated as a prescription issued in violation of the requirements governing the delivery, distribution, or dispensing of controlled substances by means of the Internet under the Controlled Substances Act.

The Attorney General, acting through the Drug Enforcement Administration, may enforce this Act using the authorities otherwise available under the Controlled Substances Act.

Section 6–Effective Date: This Act shall take effect 90 days after enactment.