Page:United States Statutes at Large Volume 92 Part 3.djvu/1141

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-633—NOV. 10, 1978

92 STAT. 3773

Convention on Psychotropic Substances, it is exported pursuant to such export permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention, instead of the invoice required by paragraph s (2) and (3) of this subSEC. 107 (a) Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by a d d i n g at the end thereof the following new section: "APPLICATION OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS

" SEC. 412. Nothing in the Single Convention on Narcotic Drugs, the 21 USC 852. Convention on Psychotropic Substances, or other treaties or international agreements shall be construed to limit the provision of treatment, education, or rehabilitation as alternatives to conviction or criminal penalty for offenses involving any d r u g or other substance subject to control under any such treaty or agreement.". (b) The table of contents of the Comprehensive D r u g Abuse P r e vention and Control Act of 1970 is amended by inserting— 21 USC 801 note. "Sec. 412. Application of treaties and other international agreements." immediately after ^ "Sec. 411. Proceedings to establish previous convictions.". SEC. 108. (a) Section 602 of the Controlled Substances Act (21 •* •

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U.S.C. 872) is amended by redesignating subsection (d) as subsection (e), and by adding after subsection (c) the following new subsection: " (d) Nothing in the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, or other treaties or international agreements shall be construed to limit, modify, or prevent the protection of the confidentiality of patient records or of the names and other identifying characteristics of research subjects as provided by any Federal, State, or local law or regulation.". (b) Section 303 of the Public Health Service Act (42 U.S.C. 242a) is amended by redesignating subsection (b) as subsection (c), and by adding after subsection (a) the following new subsection: " (b) Nothing in the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, or other treaties or international agreements shall be construed to limit, modify, or prevent the protection of the confidentiality of patient records or of the names and other identifying characteristics of research subjects as provided by any Federal, State, or local law or regulation.". SEC. 109. Subsection (f) of section 303 of the Controlled Substances Act (21 U.S.C. 823(f)) is amended by adding at the end the following sentence: "Article 7 of the Convention on Psychotropic Substances shall not be construed to prohibit, or impose additional restrictions upon, research involving drugs or other substances scheduled under the Convention which is conducted in conformity with this subsection and other applicable provisions of this title.". SEC. 110. Subsection (c) of section 307 of the Controlled Substances Act (21 U.S.C. 827(c)) is amended by adding the following after and below paragraph (3): " Nothing in the Convention on Psychotropic Substances shall be construed as superseding or otherwise affecting the provisions of paragraph (1)(B), (2), or (3) of this subsection.". SEC. 111. Subsection (n) of section 502 of the Federal Food, D r u g, and Cosmetic Act (21 U.S.C. 3 5 2 (n)) is amended by adding the fol-