1.This Act may be cited as the
National All Schedules Prescription
Electronic Reporting Reauthorization Act of 2011
.
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 programSection 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
; and
(iii)in
clause (iv), 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
; 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 the matter preceding paragraph (1) in
subsection (d), 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)
;
(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 entitiesA 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 (i) through (o),
respectively;
(8)in subsections
(c)(1)(A)(iv) and (d)(4), by striking subsection (h)
each place
it appears and inserting subsection (i)
;
(9)by inserting after
subsection (g) the following:
(h)Education and
access to the monitoring systemA State receiving a grant under
subsection (a) shall take steps to—
(1)facilitate
prescriber use of the State’s controlled substance monitoring system;
and
(2)educate
prescribers on the benefits of the system both to them and
society.
;
(10)by amending
subsection (l), as redesignated, to read as follows:
(l)Beginning 3 years after the date on which
funds are first appropriated to carry out this section, the Secretary, in
awarding any competitive grant under title V that is related to drug abuse (as
determined by the Secretary) and for which only States or tribes are eligible
to apply, may give preference to eligible States with applications approved
under this section, to eligible States or tribes with existing controlled
substance monitoring programs that meet minimum requirements under this
section, or to eligible States or tribes that put forth a good faith effort to
meet those requirements (as determined by the
Secretary).
;
(11)in subsection
(m)(1), as redesignated, by striking establishment, implementation, or
improvement
and inserting establishment, improvement, or
maintenance
;
(12)in subsection
(n)(8), as redesignated, by striking and the District of
Columbia
and inserting , the District of Columbia, and any
commonwealth or territory of the United States
; and
(13)by amending
subsection (o), as redesignated, to read as follows:
(o)Authorization of
appropriationsTo carry out this section, there are authorized to
be appropriated $15,000,000 for fiscal year 2012 and $10,000,000 for each of
fiscal years 2013 and
2014.
.