[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1725 Referred in Senate (RFS)]
114th CONGRESS
1st Session
H. R. 1725
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 9, 2015
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To amend and reauthorize the controlled substance monitoring program
under section 399O of the Public Health Service Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National All Schedules Prescription
Electronic Reporting Reauthorization Act of 2015''.
SEC. 2. AMENDMENT TO PURPOSE.
Paragraph (1) of section 2 of the National All Schedules
Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is
amended to read as follows:
``(1) foster the establishment of State-administered
controlled substance monitoring systems in order to ensure
that--
``(A) health care providers have access to the
accurate, timely prescription history information that
they may use as a tool for the early identification of
patients at risk for addiction in order to initiate
appropriate medical interventions and avert the tragic
personal, family, and community consequences of
untreated addiction; and
``(B) appropriate law enforcement, regulatory, and
State professional licensing authorities have access to
prescription history information for the purposes of
investigating drug diversion and prescribing and
dispensing practices of errant prescribers or
pharmacists; and''.
SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM.
Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``or'';
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) to maintain and operate an existing State-
controlled substance monitoring program.''; and
(B) in paragraph (3), by inserting ``by the
Secretary'' after ``Grants awarded'';
(2) by amending subsection (b) to read as follows:
``(b) Minimum Requirements.--The Secretary shall maintain and, as
appropriate, supplement or revise (after publishing proposed additions
and revisions in the Federal Register and receiving public comments
thereon) minimum requirements for criteria to be used by States for
purposes of clauses (ii), (v), (vi), and (vii) of subsection
(c)(1)(A).'';
(3) in subsection (c)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by
striking ``(a)(1)(B)'' and inserting
``(a)(1)(B) or (a)(1)(C)'';
(ii) in clause (i), by striking ``program
to be improved'' and inserting ``program to be
improved or maintained'';
(iii) by redesignating clauses (iii) and
(iv) as clauses (iv) and (v), respectively;
(iv) by inserting after clause (ii) the
following:
``(iii) a plan to apply the latest advances
in health information technology in order to
incorporate prescription drug monitoring
program data directly into the workflow of
prescribers and dispensers to ensure timely
access to patients' controlled prescription
drug history;'';
(v) in clause (iv), as redesignated, by
inserting before the semicolon at the end ``and
at least one health information technology
system such as an electronic health records
system, a health information exchange, or an e-
prescribing system''; and
(vi) in clause (v), as redesignated, by
striking ``public health'' and inserting
``public health or public safety'';
(B) in paragraph (3)--
(i) by striking ``If a State that submits''
and inserting the following:
``(A) In general.--If a State that submits'';
(ii) by striking the period at the end and
inserting ``and include timelines for full
implementation of such interoperability. The
State shall also describe the manner in which
it will achieve interoperability between its
monitoring program and health information
technology systems, as allowable under State
law, and include timelines for implementation
of such interoperability.''; and
(iii) by adding at the end the following:
``(B) Monitoring of efforts.--The Secretary shall
monitor State efforts to achieve interoperability, as
described in subparagraph (A).''; and
(C) in paragraph (5)--
(i) by striking ``implement or improve''
and inserting ``establish, improve, or
maintain''; and
(ii) by adding at the end the following:
``The Secretary shall redistribute any funds
that are so returned among the remaining
grantees under this section in accordance with
the formula described in subsection
(a)(2)(B).'';
(4) in subsection (d)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``In implementing or
improving'' and all that follows through
``(a)(1)(B)'' and inserting ``In establishing,
improving, or maintaining a controlled
substance monitoring program under this
section, a State shall comply, or with respect
to a State that applies for a grant under
subparagraph (B) or (C) of subsection (a)(1)'';
and
(ii) by striking ``public health'' and
inserting ``public health or public safety'';
and
(B) by adding at the end the following:
``(5) The State shall report to the Secretary on--
``(A) as appropriate, interoperability with the
controlled substance monitoring programs of Federal
departments and agencies;
``(B) as appropriate, interoperability with health
information technology systems such as electronic
health records systems, health information exchanges,
and e-prescribing systems; and
``(C) whether or not the State provides automatic,
real-time or daily information about a patient when a
practitioner (or the designee of a practitioner, where
permitted) requests information about such patient.'';
(5) in subsections (e), (f)(1), and (g), by striking
``implementing or improving'' each place it appears and
inserting ``establishing, improving, or maintaining'';
(6) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``misuse of a schedule II, III, or IV
substance'' and inserting ``misuse of a
controlled substance included in schedule II,
III, or IV of section 202(c) of the Controlled
Substance Act''; and
(ii) in subparagraph (D), by inserting ``a
State substance abuse agency,'' after ``a State
health department,''; and
(B) by adding at the end the following:
``(3) Evaluation and reporting.--Subject to subsection (g),
a State receiving a grant under subsection (a) shall provide
the Secretary with aggregate data and other information
determined by the Secretary to be necessary to enable the
Secretary--
``(A) to evaluate the success of the State's
program in achieving its purposes; or
``(B) to prepare and submit the report to Congress
required by subsection (l)(2).
``(4) Research by other entities.--A department, program,
or administration receiving nonidentifiable information under
paragraph (1)(D) may make such information available to other
entities for research purposes.'';
(7) by redesignating subsections (h) through (n) as
subsections (j) through (p), respectively;
(8) in subsections (c)(1)(A)(iv) and (d)(4), by striking
``subsection (h)'' each place it appears and inserting
``subsection (j)'';
(9) by inserting after subsection (g) the following:
``(h) Education and Access to the Monitoring System.--A State
receiving a grant under subsection (a) shall take steps to--
``(1) facilitate prescriber and dispenser use of the
State's controlled substance monitoring system;
``(2) educate prescribers and dispensers on the benefits of
the system both to them and society; and
``(3) facilitate linkage to the State substance abuse
agency and substance abuse disorder services.
``(i) Consultation With Attorney General.--In carrying out this
section, the Secretary shall consult with the Attorney General of the
United States and other relevant Federal officials to--
``(1) ensure maximum coordination of controlled substance
monitoring programs and related activities; and
``(2) minimize duplicative efforts and funding.'';
(10) in subsection (l)(2)(A), as redesignated by paragraph
(7)--
(A) in clause (ii), by inserting ``; established or
strengthened initiatives to ensure linkages to
substance use disorder services;'' before ``or affected
patient access''; and
(B) in clause (iii), by inserting ``and between
controlled substance monitoring programs and health
information technology systems'' before ``, including
an assessment'';
(11) by striking subsection (m) (relating to preference),
as redesignated by paragraph (7);
(12) by redesignating subsections (n) through (p), as
redesignated by paragraph (7), as subsections (m) through (o),
respectively;
(13) in subsection (m)(1), as redesignated by paragraph
(12), by striking ``establishment, implementation, or
improvement'' and inserting ``establishment, improvement, or
maintenance'';
(14) in subsection (n), as redesignated by paragraph (12)--
(A) in paragraph (5)--
(i) by striking ``means the ability'' and
inserting the following: ``means--
``(A) the ability'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(B) sharing of State controlled substance
monitoring program information with a health
information technology system such as an electronic
health records system, a health information exchange,
or an e-prescribing system.'';
(B) in paragraph (7), by striking ``pharmacy'' and
inserting ``pharmacist''; and
(C) in paragraph (8), by striking ``and the
District of Columbia'' and inserting ``, the District
of Columbia, and any commonwealth or territory of the
United States''; and
(15) by amending subsection (o), as redesignated by
paragraph (12), to read as follows:
``(o) Authorization of Appropriations.--To carry out this section,
there is authorized to be
appropriated $10,000,000 for each of fiscal years from 2016 through
2020.''.
Passed the House of Representatives September 8, 2015.
Attest:
KAREN L. HAAS,
Clerk.