Comprehensive Addiction and Recovery Act of 2015

Floor Speech

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Mr. BARRASSO. Mr. President, a couple of weeks ago, a small agency in New York State took a very big step that I think is very dangerous. The State Board of Regents said it will start giving some illegal immigrants a license to practice medicine in the State of New York. This is a State agency that grants certificates and licenses for more than 50 different professions. You need this board's permission if you want to be a nurse in New York, a pharmacist, a dentist or a doctor. I think it is a terrible idea to grant licenses to illegal immigrants because doctors, dentists, and others are entrusted to prescribe powerful medications. That is the point of the bill we are on right now. These include these very opioid painkillers we have been talking about for the past few weeks.

Right now the Senate is debating what we can do to help communities and families who are struggling with abuse of these drugs. I think a big part of the problem is that these powerful medications are just too widely available. I can tell you that, as somebody who practiced medicine in Wyoming for 25 years, I worry that there are physicians and dentists who may be too free in prescribing opioids, very addictive medicines.

There are pharmacists who maybe haven't been as careful as they could be about making sure the drugs are used appropriately by the people who come to pick up prescriptions, and families across the country have been hurt by this abuse of these opioids, including many in New York State itself. Senator Gillibrand came to the floor last week to talk about it. She talked about the problem of opioids being overprescribed in New York.

So then the question is: Why is New York State so eager to allow these drugs to be prescribed and dispensed by people who we know have already broken the law? The legislation we are debating today tries to reduce the flow of opioids, to reduce the ways that they might be prescribed improperly. It includes language that would help States monitor and track prescriptions. That is a very important part of this legislation which I support.

Senator Markey of Massachusetts has actually offered an amendment that would do even more. It would tighten the process for registering people to dispense powerful drugs like these opioids. Under the rules today, the Drug Enforcement Administration registers doctors before it allows them to write these prescriptions. Senator Markey's amendment says that before anyone could even get this registration, they would have to complete additional training.

We all want to make sure people who have been handing out these medications can be trusted to do it responsibly. We all should have to be very careful about giving a prescription pad to someone who, by history and maybe even their identity, may be unclear. So I am submitting an amendment to this Comprehensive Addiction and Recovery Act that will help us do this. This amendment actually takes the same approach as Senator Markey's does. It adds a simple requirement, a requirement that before the Drug Enforcement Administration can register someone to prescribe or dispense these powerful addictive medications, that this applicant must be able to prove that they are either a U.S. citizen or a legal resident. That is it.

There is actually a Federal law already on the books that requires this. It was signed into law and passed by Congress and signed by Bill Clinton in 1996, but there was a loophole in the law that allowed States--like what New York is doing--States to come around later and exempt illegal immigrants from the requirement in their State.

New York is doing that right now through its board. It is not the State legislature that is doing it in New York. It is not the citizens of New York who are doing it. They are not the ones saying they are willing to take a chance and loosen the standards of those who can prescribe these powerful, addictive medications. This is being done, and this decision is being made by a very small State agency acting on its own authority. I think this decision is much too important to be left to a small group of people in Albany, NY.

I want to be clear. This is not about immigrants. This is about the threat that comes from the misuse of opioid painkillers. It is about maintaining the standards of the law. My grandfather came to this country. He did it legally like millions of others. He followed the rules. He worked hard. He continued to obey the law. We all know this is a country of immigrants, and we know America still proudly welcomes legal immigrants today.

We also know that being a doctor is not like other jobs. When a patient goes to her doctor, she may literally be placing her own life in that doctor's hands. People need to have complete confidence that their doctor is ethical, honest, and can be trusted with life-and-death decisions. How can a patient have this kind of faith in someone who broke the law and is in the country illegally at this time? This action by the New York Board of Regents could seriously undermine the doctor- patient relationship and the trust that needs to be there.

Doctors are held to the highest possible standards. They need to be outstanding members of their community. In the State of New York, a doctor can actually lose their license if convicted of a crime. What is it being in the country illegally? Why would we then give a license to someone who already knows they have committed a crime by being in the country illegally? It makes no sense.

As a doctor, I will tell you these opioid medications are very powerful. They can be abused, and they have been abused, especially if they fall into the hands of someone who is not up to the highest moral professional and legal standards who is writing the prescription in the first place.

We in Congress have a responsibility to make sure such dangerous medications can be given out only by people who meet the standards. I think it would set a terrible precedent if we allow people who are in this country illegally to begin prescribing these highly addictive drugs, but that is what New York wants to do. I don't think we can allow someone who has broken the law to serve as the gatekeeper for those potentially dangerous medications. We owe every American the peace of mind that the doctor treating their sick child is who that doctor claims to be and that their doctor is in the country legally.

The New York Board of Regents is ignoring, absolutely ignoring, this important public health and public safety concern. If New York will not act to protect its people, then Congress must.

Thank you.

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