[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3832 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 3832


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2018

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
    To amend title 38, United States Code, to provide for access by 
     Department of Veterans Affairs health care providers to State 
                 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 ``Veterans Opioid Abuse Prevention 
Act''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PARTICIPATION IN NATIONAL 
              NETWORK OF STATE-BASED PRESCRIPTION DRUG MONITORING 
              PROGRAMS.

    (a) In General.--Chapter 17 of title 38, United States Code, is 
amended by inserting after section 1730A the following new section:
``Sec. 1730B. Access to State prescription drug monitoring programs
    ``(a) Access to Programs.--(1) Any licensed health care provider or 
delegate of such a provider shall be considered an authorized recipient 
or user for the purpose of querying and receiving data from the 
national network of State-based prescription drug monitoring programs 
to support the safe and effective prescribing of controlled substances 
to covered patients.
    ``(2) Under the authority granted by paragraph (1)--
            ``(A) licensed health care providers or delegates of such 
        providers shall query such network in accordance with 
        applicable regulations and policies of the Veterans Health 
        Administration; and
            ``(B) notwithstanding any general or specific provision of 
        law, rule, or regulation of a State, no State may restrict the 
        access of licensed health care providers or delegates of such 
        providers from accessing that State's prescription drug 
        monitoring programs.
    ``(3) No State shall deny or revoke the license, registration, or 
certification of a licensed health care provider or delegate who 
otherwise meets that State's qualifications for holding the license, 
registration, or certification on the basis that the licensed health 
care provider or delegate has queried or received data, or attempt to 
query or receive data, from the national network of State-based 
prescription drug monitoring programs under this section.
    ``(b) Covered Patients.--For purposes of this section, a covered 
patient is a patient who--
            ``(1) receives a prescription for a controlled substance; 
        and
            ``(2) is not receiving palliative care or enrolled in 
        hospice care.
    ``(c) Definitions.--In this section:
            ``(1) The term `controlled substance' has the meaning given 
        such term in section 102(6) of the Controlled Substances Act 
        (21 U.S.C. 802(6)).
            ``(2) The term `delegate' means a person or automated 
        system accessing the national network of State-based 
        prescription monitoring programs at the direction or under the 
        supervision of a licensed health care provider.
            ``(3) The term `licensed health care provider' means a 
        health care provider employed by the Department who is 
        licensed, certified, or registered within any State to fill or 
        prescribe medications within the scope of his or her practice 
        as a Department employee.
            ``(4) The term `national network of State-based 
        prescription monitoring programs' means an interconnected 
        nation-wide system that facilitates the transfer to State 
        prescription drug monitoring program data across State lines.
            ``(5) The term `State' means a State, as defined in section 
        101(20) of this title, or a political subdivision of a 
        State.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by inserting after the item 
relating to section 1730A the following new item:

``1730B. Access to State prescription drug monitoring programs.''.

            Passed the House of Representatives May 21, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.