[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2529 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2529

 To amend and reauthorize the controlled substance monitoring program 
          under section 399O of the Public Health Service Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2014

 Mrs. Shaheen (for herself, Mr. Toomey, Mr. Durbin, and Mr. Sessions) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend and reauthorize the controlled substance monitoring program 
          under section 399O of the Public Health Service Act.

    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 2014''.

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)(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) 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 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) In general.--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) Monitoring of efforts.--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) 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 (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.''.
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