[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5563 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5563
To require the use of prescription drug monitoring programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17 (legislative day, December 16), 2024
Ms. Klobuchar (for herself, Mr. King, and Mr. Manchin) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the use of prescription drug monitoring programs.
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 ``Prescription Drug Monitoring Act of
2024''.
SEC. 2. REQUIRING THE USE OF PRESCRIPTION DRUG MONITORING PROGRAMS.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Covered state.--The term ``covered State'' means a
State that receives funding under the Harold Rogers
Prescription Drug Monitoring Program established under the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2002 (Public Law 107-77;
115 Stat. 748), or under the prescription drug monitoring
program under section 399O of the Public Health Service Act (42
U.S.C. 280g-3).
(3) Dispenser.--The term ``dispenser'' has the meaning
given such term in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
(4) PDMP.--The term ``PDMP'' means a prescription drug
monitoring program.
(5) Practitioner.--The term ``practitioner'' means a
practitioner registered under section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or
dispense controlled substances.
(6) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and any territory of the United
States.
(b) Requirements.--Beginning 1 year after the date of enactment of
this Act, each covered State shall require--
(1) each prescribing practitioner within the covered State
or their designee, who shall be licensed or registered health
care professionals or other employees who report directly to
the practitioner, to consult the PDMP of the covered State
before initiating treatment with a prescription for a
controlled substance listed in schedule II, III, or IV of
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)), and every 3 months thereafter as long as the treatment
continues;
(2) the PDMP of the covered State to provide, upon query,
prescription drug information (including historical
information) from the PDMP, and from an inter-State query
conducted by the PDMP, to the practitioner;
(3) each dispenser within the covered State to report each
prescription for a controlled substance dispensed
electronically by the dispenser to the PDMP, in real time where
feasible and not later than 24 hours after the controlled
substance is dispensed to the patient;
(4) each State agency that administers the PDMP to--
(A) proactively analyze data available through the
PDMP and publish the results and methodology for such
analyses on a publicly available website, including
analysis of risk scoring and notifications under
paragraph (2) for consistency with nationally
recognized clinical guidelines;
(B) provide law enforcement agencies and prescriber
licensing boards access to PDMP data in a manner
consistent with applicable Federal and State law and
provide to such agencies and boards both a report and
methodology where an analysis under subparagraph (A)
indicates activity outside norms or best practices and
inconsistent with nationally recognized prescribing
guidelines; and
(C) use nationally recognized standards, including
such standards adopted pursuant to section 3004 of the
Public Health Service Act (42 U.S.C. 300jj-14), to
support the interoperability of PDMP data; and
(5) that the data contained in the PDMP of the covered
State be made available to all other States as discrete
interoperable data, including when such exchange is facilitated
by a third party.
(c) Noncompliance.--If a covered State fails to comply with
subsection (b), the Attorney General may withhold grant funds from
being awarded to the covered State under the Harold Rogers Prescription
Drug Monitoring Program established under the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2002 (Public Law 107-77; 115 Stat. 748), or the Secretary of
Health and Human Services may withhold grant funds from being awarded
to the covered State under the prescription drug monitoring program
under section 399O of the Public Health Service Act (42 U.S.C. 280g-3).
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