[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 778 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 778

  To require the use of prescription drug monitoring programs and to 
              facilitate information sharing among States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2017

  Ms. Klobuchar (for herself, Mr. Portman, Mr. Manchin, and Mr. King) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To require the use of prescription drug monitoring programs and to 
              facilitate information sharing among States.

    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 ``Prescription Drug Monitoring Act of 
2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given the term in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
            (2) Covered state.--The term ``covered State'' means a 
        State that receives funding under the Harold Rogers 
        Prescription Drug Monitoring Program established under the 
        Departments of Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 2002 (Public Law 107-77; 
        115 Stat. 748) or the controlled substance monitoring program 
        under section 399O of the Public Health Service Act (42 U.S.C. 
        280g-3).
            (3) Dispenser.--The term ``dispenser''--
                    (A) 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; and
                    (B) does not include a person involved in oversight 
                or payment for prescription drugs.
            (4) PDMP.--The term ``PDMP'' means a prescription drug 
        monitoring program.
            (5) Practitioner.--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.
            (6) State.--The term ``State'' means each of the several 
        States and the District of Columbia.

SEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM REQUIREMENTS.

    (a) In General.--Beginning 2 years after the date of enactment of 
this Act, each covered State shall require--
            (1) each prescribing practitioner within the covered State 
        or their designee, who shall be licensed or registered 
        healthcare professionals or other employees who report directly 
        to the practitioner, to consult the PDMP of the covered State 
        before initiating treatment with a prescription for 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)), and every 3 months thereafter as long as the treatment 
        continues;
            (2) the PDMP of the covered State to provide proactive 
        notification to a practitioner when patterns indicative of 
        controlled substance misuse, including opioid misuse, are 
        detected;
            (3) each dispenser within the covered State to report each 
        prescription for a controlled substance dispensed by the 
        dispenser to the PDMP not later than 24 hours after the 
        controlled substance is dispensed to the patient;
            (4) that the PDMP make available a quarterly de-identified 
        data set and an annual report for public and private use, which 
        shall, at a minimum, meet requirements established by the 
        Attorney General, in coordination with the Secretary of Health 
        and Human Services; and
            (5) that the data contained in the PDMP of the covered 
        State is made available to other States.
    (b) Noncompliance.--If a covered State fails to comply with 
subsection (a), the Attorney General or the Secretary of Health and 
Human Services, as appropriate, may withhold grant funds from being 
awarded to the covered State under the Harold Rogers Prescription Drug 
Monitoring Program established under the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled 
substance monitoring program under section 399O of the Public Health 
Service Act (42 U.S.C. 280g-3).
    (c) Data-Sharing Single Technology Solution.--
            (1) In general.--For the purpose of assisting States in 
        complying with subsection (a)(5), the Attorney General, in 
        coordination with the Secretary of Health and Human Services, 
        acting through the Comprehensive Opioid Abuse Grant Program 
        established under section 3021 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3797ff), shall 
        award, on a competitive basis, a grant to an eligible entity to 
        establish and maintain an inter-State data-sharing single hub 
        to facilitate the sharing of PDMP data among States and the 
        accessing of such data by practitioners.
            (2) Requirements.--The data-sharing single hub established 
        under paragraph (1)--
                    (A) shall--
                            (i) allow States to retain ownership of the 
                        data submitted by the States;
                            (ii) provide a source of de-identified data 
                        that can be used for statistical, research, or 
                        educational purposes;
                            (iii) allow State authorized users to 
                        access data from a PDMP of a covered State 
                        without requiring a user fee; and
                            (iv) conform with the standards of the 
                        Prescription Monitoring Information Exchange; 
                        and
                    (B) may not--
                            (i) distribute, in whole or in part, any 
                        PDMP data without the express written consent 
                        of the PDMP State authority; and
                            (ii) limit, in whole or in part, 
                        distribution of PDMP data as approved by the 
                        PDMP State authority.
                                 <all>