[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4236 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4236

 To ensure that the prescription drug monitoring program of each State 
   receiving funds through the Account for the State Response to the 
 Opioid Abuse Crisis meets certain minimum requirements, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2017

    Mr. Fitzpatrick (for himself, Ms. Kuster of New Hampshire, Mr. 
 MacArthur, and Mr. Norcross) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To ensure that the prescription drug monitoring program of each State 
   receiving funds through the Account for the State Response to the 
 Opioid Abuse Crisis meets certain minimum requirements, and for other 
                               purposes.

    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 ``Monitoring and Obtaining Needed 
Information to Track Opioids Responsibly Act of 2017'' or the ``MONITOR 
Act of 2017''.

SEC. 2. MINIMUM REQUIREMENTS FOR STATE PRESCRIPTION DRUG MONITORING 
              PROGRAMS.

    Section 1003 of the 21st Century Cures Act (42 U.S.C. 290ee-3 note; 
relating to the Account for the State Response to the Opioid Abuse 
Crisis) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Minimum Requirements for State Prescription Drug Monitoring 
Programs.--
            ``(1) In general.--As a condition on receipt of a grant 
        under this section, a State shall--
                    ``(A) certify that the State has in effect a 
                prescription drug monitoring program meeting the 
                requirements of paragraph (2); or
                    ``(B) agree to use a portion of the funds received 
                through the grant to meet (or make progress in meeting) 
                the requirements of paragraph (2).
            ``(2) Requirements.--To meet the requirements of this 
        paragraph, a State's prescription drug monitoring program must 
        meet each of the following:
                    ``(A) The program complies with the uniform 
                electronic format specified by the Secretary under 
                paragraph (3) for the reporting, sharing, and 
                disclosure of information.
                    ``(B) The program meets the standards of 
                interoperability specified by the Secretary under 
                paragraph (3).
                    ``(C) The State requires dispensers to report to 
                the program each dispensing in the State of 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)) no later than 1 business day after the 
                controlled substance is dispensed to the patient.
                    ``(D) The program makes reported information 
                available to practitioners on a timely basis.
            ``(3) Uniform electronic format; interoperability.--
                    ``(A) Establishment.--Not later than one year after 
                the date of enactment of this Act, the Secretary shall 
                specify for prescription drug monitoring programs--
                            ``(i) a uniform electronic format for the 
                        reporting, sharing, and disclosure of 
                        information; and
                            ``(ii) standards of interoperability.
                    ``(B) Advisory group.--In carrying out subparagraph 
                (A), the Secretary shall--
                            ``(i) convene an advisory group of licensed 
                        and practicing community pharmacists and other 
                        health practitioners who prescribe and 
                        dispense; and
                            ``(ii) take the recommendations of such 
                        advisory group into consideration.
            ``(4) Definitions.--In this subsection:
                    ``(A) The term `controlled substance' has the 
                meaning given to that term in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802).
                    ``(B) The term `dispenser' means a person licensed 
                or otherwise authorized by a State to deliver a 
                prescription drug product to a patient or an agent of 
                the patient.
                    ``(C) 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.
                    ``(D) The term `State' means each of the several 
                States and the District of Columbia.''.
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