[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 889 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 889

      To require the use of prescription drug monitoring programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2021

  Ms. Klobuchar (for herself, Mr. Portman, Mr. King, and Mr. Manchin) 
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.

    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 
2021''.

SEC. 2. REQUIRING THE USE OF PRESCRIPTION DRUG MONITORING PROGRAMS.

    (a) Definitions.--In this section:
            (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 under 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.
    (b) Requirements.--Beginning 1 year 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, 
        including use by healthcare providers, health plans and health 
        benefits administrators, State agencies, and researchers, which 
        shall, at a minimum, meet requirements established by the 
        Attorney General, in coordination with the Secretary of Health 
        and Human Services;
            (5) each State agency that administers the PDMP to--
                    (A) proactively analyze data available through the 
                PDMP; and
                    (B) provide reports to law enforcement agencies and 
                prescriber licensing boards describing any prescribing 
                practitioner that repeatedly fall outside of expected 
                norms or standard practices for the prescribing 
                practitioner's field; and
            (6) that the data contained in the PDMP of the covered 
        State be made available to other States.
    (c) Noncompliance.--If a covered State fails to comply with 
subsection (a), the Attorney General or the Secretary of Health and 
Human Services 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 under the controlled substance 
monitoring program under section 399O of the Public Health Service Act 
(42 U.S.C. 280g-3).
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