[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Page S9584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING ACT OF 2005

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 1132, which was received 
from the House.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 1132) to provide for the establishment of a 
     controlled substance monitoring program in each State.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. KENNEDY. Mr. President, I commend our majority leader for 
bringing the Prescription Electronic Reporting Act to the floor for a 
vote so quickly, and I commend Senators Enzi, Sessions, Durbin, and 
Dodd for their contributions to this bill and their efforts to prevent 
the diversion of prescription drugs. Our goal is to help States 
establish electronic databases to monitor the use of prescription drugs 
and deal more effectively with the growing national epidemic of 
prescription drug abuse.
  Over 6 million Americans currently use prescription drugs for 
nonmedical purposes. Thirty-one million people say they have abused 
such drugs at least once in their lives. The number of people reporting 
such abuse is higher than the total combined number of people abusing 
cocaine, hallucinogens, inhalants, and heroin.
  The growing trend of prescription drug abuse is alarming. Since 1992, 
the total number of people abusing prescription drugs has soared by 
over 90 percent. The number of young adults who abuse prescription pain 
relievers and other addictive drugs has more than tripled. Prescription 
drug abuse among youths 12 to 17 has risen by tenfold. Today, 20 
percent of teenagers have abused prescription drugs, and 37 percent 
have a close friend who does.
  Better local programs to monitor addictive medications can help curb 
this abuse. Approximately 20 States have such programs in place, 
including Massachusetts, but they vary greatly in the collection and 
storage of data and the methods for using the databases.
  The information in the databases can be used to identify physicians 
and patients who encourage the nonmedical use of prescription drugs. It 
can help people seek treatment early for their addiction. It can also 
be used to reduce the diversion of prescription drugs for illegal use.
  Our bill authorizes the Secretary of HHS to make grants to States to 
establish needed monitoring programs. States with existing programs can 
use the grants to improve their systems and standardize the data to 
allow easy sharing of the information with other States.
  Any such program, however, must include strong safeguards for medical 
privacy and make certain that the databases cannot be used to put 
improper pressure on physicians to avoid prescribing essential drugs. 
The effective treatment of pain is an enormous medical challenge, and 
good care will be much more difficult if patients fear that their 
prescription drug records will not be protected, or if physicians begin 
to look over their shoulder every time they prescribe pain medication.
  We all share the goal of reaching the right balance between the 
interests of patients, physicians, and law enforcement, and this 
legislation does that. It requires the Secretary to develop criteria 
for ensuring the privacy and security of the database, including 
penalties for improper use. In their grant applications, States must 
show that they have enacted legislation with appropriate penalties, and 
explain how they will meet privacy and security criteria, such as by 
using encryption technology. They must have plans for purging data, and 
for certifying that requests for information are legitimate. The bill 
also requires the Secretary to provide a follow-up analysis of the 
privacy protections within 3 years after funds are appropriated.
  The problem of prescription drug abuse is growing exponentially and 
worsens every year. Today, the group most at risk is our children. Now 
is the time to act to limit the diversion of prescription drugs and 
protect our most vulnerable citizens from prescription drug abuse.
  Physicians want to treat pain without contributing to addiction. Law 
enforcement officials want to stop the flow of prescription drugs from 
pharmacies to the streets. A national monitoring program will provide a 
valuable resource to achieve these goals.
  I commend Majority Leader Frist, Chairman Enzi, and Senator Sessions 
for their leadership on this important health issue, and I urge our 
colleagues to pass this legislation as a significant step toward ending 
prescription drug abuse.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 1132) was read the third time and passed.

                          ____________________