[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Pages S11643-S11644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SESSIONS (for himself, Mr. Durbin, and Mr. Kennedy):
  S. 3013. A bill to provide for the establishment of a controlled 
substance monitoring program in each State; to the Committee on Health, 
Education, Labor, and Pensions.


  Introduction of the National All Schedules Prescription Electronic 
                         Reporting Act of 2004

  Mr. KENNEDY. Mr. President, it is a privilege to join Senator 
Sessions, Senator Durbin and Senator Dodd in introducing the ``National 
All Schedules Prescription Electronic Reporting Act.'' Our goal is to 
assist States in establishing in electronic databases to monitor the 
administration of prescription drugs and deal more effectively with the 
growing national problem of prescription drug abuse.
  Our Health Committee listened carefully to the thoughtful concerns 
and comments of the expert witnesses who testified at our recent 
hearing on this issue, and we have sought to meet these concerns in our 
bill.
  Over 6 million Americans currently use prescription drugs for non-
medical purposes. 31 million adults and adolescents have reported 
abusing prescription drugs at least once. Since 1992, the number of 
young adults who abuse prescription pain relievers and other 
potentially addictive drugs has more than tripled. Prescription drug 
abuse among youths of age 12 to 17 has increased tenfold.
  State efforts to monitor the prescribing of potentially addictive 
medications can help curb this abuse. Currently, 19 States have such 
monitoring programs in place, including Massachusetts, and they vary 
widely in the collection and storage of data and the methods used for 
protecting privacy, while using the information in the databases to 
encourage the non-medical use of prescription drugs and reduce their 
diversion for illegal purposes.
  This bill authorizes the Secretary of HHS to award grants to states 
to establish prescription drug monitoring programs. For States with 
existing programs, the Secretary can award grants to upgrade their 
systems, standardize the data collected, and allow its sharing among 
States. The legislation includes an important provision allowing States 
with existing programs to receive funding, even if it is not feasible 
for the States to meet all the conditions required for new programs. 
The legislation recognizes that existing programs have been designed 
with the specific needs of each state in mind, and we should not block 
funding, even if particular programs do not match exactly the template 
in the bill.
  Any such program, however, must include strong safeguards for medical 
privacy, and must make certain that the database cannot be used to 
bring improper pressure on physicians to avoid prescribing essential 
medication for patients in need. The proper treatment of patients in 
pain, for example, is an enormous medical challenge, and this essential 
medical mission will be more difficult if patients fear that the 
privacy of their prescription histories will not be protected, or if 
physicians begin to look over their shoulders whenever they prescribe 
needed pain medication. The legislation permits state programs to 
release data under controlled and limited conditions. It is important 
to note, however, that States are free to impose even more stringent 
restrictions on the release of data than those required under our 
legislation.
  We all share the goal of reaching the right balance between the 
interests of patients, physicians, and law enforcement. Our bill 
requires that in their grant applications, each State must propose 
security standards for the electronic databases, including appropriate 
encryption or other information technology. In their applications, 
States must also set standards for use of the database, including a 
description of a process to certify that requests for information are 
legitimate. The bill also requires the Secretary to provide an analysis 
of the privacy protections within two years after enactment.
  Prescription drug abuse has been increasing every year. Physicians 
want to treat pain, and law enforcement officials want to stop the flow 
of prescription drugs from the pharmacies to the streets. A national 
prescription drug monitoring program will be a valuable resource to 
achieve both goals. I commend Senator Sessions for his leadership on 
this important health issue, and I look forward to early action by 
Congress to deal with this serious national problem.

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