[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5591

   To amend title 10, United States Code, to direct the Secretary of 
      Defense to establish a prescription drug monitoring program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2018

Mr. Turner (for himself and Mr. Moulton) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to direct the Secretary of 
      Defense to establish a prescription drug monitoring program.

    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 ``Sharing Health Information to Ensure 
Lifesaving Drug Safety Act'' or the ``SHIELDS Act''.

SEC. 2. SHARING INFORMATION WITH STATE PRESCRIPTION DRUG MONITORING 
              PROGRAMS.

    (a) Establishment.--Section 1074g of title 10, United States Code, 
is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g) Sharing Information With State Prescription Drug Monitoring 
Programs.--(1) The Secretary shall establish and operate a prescription 
drug monitoring program (to be known as the Military Health System 
Prescription Drug Monitoring Program) for prescription drugs provided 
through facilities of the uniformed services.
    ``(2) The Secretary shall ensure that the program established under 
paragraph (1)--
            ``(A) is comparable to prescription drug monitoring 
        programs operated by States, including such programs approved 
        by the Secretary of Health and Human Services under section 
        399O of the Public Health Service Act (42 U.S.C. 280g-3); and
            ``(B) covers prescription drugs provided under the pharmacy 
        benefits program that are controlled substances.
    ``(3)(A) In carrying out the program established under paragraph 
(1), the Secretary shall establish appropriate procedures for sharing 
between the program and State prescription drug monitoring programs 
patient-specific information regarding prescription drugs that are 
controlled substances to prevent the misuse and diversion of opioid 
medications and other controlled substances.
    ``(B) For purposes of the regulations promulgated under section 
264(c) of the Health Insurance Portability and Accountability Act of 
1996 (Public Law 104-191; 42 U.S.C. 1320d-2 note), any disclosure of 
patient-specific information by the Secretary under subparagraph (A) 
shall be treated as a permitted disclosure.
    ``(C) The Secretary shall include in the procedures established 
under subparagraph (A) appropriate safeguards, as determined by the 
Secretary, concerning the cybersecurity of information systems of the 
Department of Defense systems and the operational security of personnel 
of the Department.
    ``(4) In this subsection, the term `controlled substance' has the 
meaning given that term in section 102 of the Controlled Substances Act 
(21 U.S.C. 802).''.
    (b) Briefing.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall provide to the 
Committees on Armed Services of the House of Representatives and the 
Senate a briefing on the implementation of the program established 
under section 1074g(g) of title 10, United States Code, as added by 
subsection (a).
    (c) Conforming Amendments.--
            (1) Title 10, united states code.--Section 1079(q) of title 
        10, United States Code, is amended by striking ``section 
        1074g(g)'' and inserting ``section 1074g(h)''.
            (2) FY16 ndaa.--Section 715(e)(2) of the National Defense 
        Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 
        U.S.C. 1074g note) is amended by striking ``section 1074g(g)'' 
        and inserting ``section 1074g(h)''.
            (3) FY17 ndaa.--Section 745(b) of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 
        U.S.C. 1074 note) is amended by striking ``section 1074g(g)'' 
        and inserting ``section 1074g(h)''.
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