113 S2529 IS: National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014
U.S. Senate
2014-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014
.
2.
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
.
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)(1)—
(A)
in subparagraph (A), by striking or
;
(B)
in subparagraph (B), by striking the period at the end and inserting ; or
; and
(C)
by adding at the end the following:
(C)
to maintain and operate an existing State-controlled substance monitoring program.
;
(2)
by amending subsection (b) to read as follows:
(b)
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 so redesignated), by inserting before the semicolon the following: and at least one health information technology system such as electronic health records, health
information exchanges, and e-prescribing systems
; and
(vi)
in clause (v) (as so 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)
If a State that submits
;
(ii)
by inserting before the period at the end 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 the implementation of such
interoperability
; and
(iii)
by adding at the end the following:
(B)
The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph
(A).
;
(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 on interoperability with the controlled substance monitoring program of
Federal agencies, where appropriate, interoperability with health
information technology systems such as electronic health records, health
information exchanges, and e-prescribing, where appropriate, and 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)(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
(B)
by adding at the end the following:
(3)
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 (k)(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 striking subsection (k);
(8)
by redesignating subsections (h) through (j) as subsections (i) through (k), respectively;
(9)
in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h)
each place it appears and inserting subsection (i)
;
(10)
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; and
(2)
educate prescribers and dispenser on the benefits of the system both to them and society.
;(11)in subsection (k)(2)(A), as redesignated—(A)in clause (ii), by striking or affected
and inserting , established or strengthened initiatives to ensure linkages to substance use disorder services,
or affected
; and(B)in clause (iii), by striking including an assessment
and inserting between controlled substance monitoring programs and health information technology systems, and
including an assessment
;
(12)
in subsection (l)(1), by striking establishment, implementation, or improvement
and inserting establishment, improvement, or maintenance
;
(13)
in subsection (m)(8), by striking and the District of Columbia
and inserting , the District of Columbia, and any commonwealth or territory of the United States
; and
(14)
by amending subsection (n), to read as follows:
(o)
Authorization of appropriations
To carry out this section, there are authorized to be appropriated $7,000,000 for each of fiscal
years 2014 through 2018.
.