[Congressional Record Volume 161, Number 128 (Tuesday, September 8, 2015)]
[House]
[Pages H5796-H5798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING
REAUTHORIZATION ACT OF 2015
Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1725) to amend and reauthorize the controlled substance
monitoring program under section 399O of the Public Health Service Act,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1725
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 ``National All Schedules
Prescription Electronic Reporting Reauthorization Act of
2015''.
SEC. 2. AMENDMENT TO PURPOSE.
Paragraph (1) of section 2 of the National All Schedules
Prescription Electronic Reporting Act of 2005 (Public Law
109-60) is amended to read as follows:
``(1) foster the establishment of State-administered
controlled substance monitoring systems in order to ensure
that--
``(A) health care providers have access to the accurate,
timely prescription history information that they may use as
a tool for the early identification of patients at risk for
addiction in order to initiate appropriate medical
interventions and avert the tragic personal, family, and
community consequences of untreated addiction; and
``(B) appropriate law enforcement, regulatory, and State
professional licensing authorities have access to
prescription history information for the purposes of
investigating drug diversion and prescribing and dispensing
practices of errant prescribers or pharmacists; and''.
SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING
PROGRAM.
Section 399O of the Public Health Service Act (42 U.S.C.
280g-3) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or'';
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) to maintain and operate an existing State-controlled
substance monitoring program.''; and
(B) in paragraph (3), by inserting ``by the Secretary''
after ``Grants awarded'';
(2) by amending subsection (b) to read as follows:
``(b) Minimum Requirements.--The Secretary shall maintain
and, as appropriate, supplement or revise (after publishing
proposed additions and revisions in the Federal Register and
receiving public comments thereon) minimum requirements for
criteria to be used by States for purposes of clauses (ii),
(v), (vi), and (vii) of subsection (c)(1)(A).'';
(3) in subsection (c)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by striking
``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)'';
(ii) in clause (i), by striking ``program to be improved''
and inserting ``program to be improved or maintained'';
(iii) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(iv) by inserting after clause (ii) the following:
``(iii) a plan to apply the latest advances in health
information technology in order to incorporate prescription
drug monitoring
[[Page H5797]]
program data directly into the workflow of prescribers and
dispensers to ensure timely access to patients' controlled
prescription drug history;'';
(v) in clause (iv), as redesignated, by inserting before
the semicolon at the end ``and at least one health
information technology system such as an electronic health
records system, a health information exchange, or an e-
prescribing system''; and
(vi) in clause (v), as redesignated, by striking ``public
health'' and inserting ``public health or public safety'';
(B) in paragraph (3)--
(i) by striking ``If a State that submits'' and inserting
the following:
``(A) In general.--If a State that submits'';
(ii) by striking the period at the end and inserting ``and
include timelines for full implementation of such
interoperability. The State shall also describe the manner in
which it will achieve interoperability between its monitoring
program and health information technology systems, as
allowable under State law, and include timelines for
implementation of such interoperability.''; and
(iii) by adding at the end the following:
``(B) Monitoring of efforts.--The Secretary shall monitor
State efforts to achieve interoperability, as described in
subparagraph (A).''; and
(C) in paragraph (5)--
(i) by striking ``implement or improve'' and inserting
``establish, improve, or maintain''; and
(ii) by adding at the end the following: ``The Secretary
shall redistribute any funds that are so returned among the
remaining grantees under this section in accordance with the
formula described in subsection (a)(2)(B).'';
(4) in subsection (d)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``In implementing or improving'' and all
that follows through ``(a)(1)(B)'' and inserting ``In
establishing, improving, or maintaining a controlled
substance monitoring program under this section, a State
shall comply, or with respect to a State that applies for a
grant under subparagraph (B) or (C) of subsection (a)(1)'';
and
(ii) by striking ``public health'' and inserting ``public
health or public safety''; and
(B) by adding at the end the following:
``(5) The State shall report to the Secretary on--
``(A) as appropriate, interoperability with the controlled
substance monitoring programs of Federal departments and
agencies;
``(B) as appropriate, interoperability with health
information technology systems such as electronic health
records systems, health information exchanges, and e-
prescribing systems; and
``(C) whether or not the State provides automatic, real-
time or daily information about a patient when a practitioner
(or the designee of a practitioner, where permitted) requests
information about such patient.'';
(5) in subsections (e), (f)(1), and (g), by striking
``implementing or improving'' each place it appears and
inserting ``establishing, improving, or maintaining'';
(6) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``misuse of a schedule
II, III, or IV substance'' and inserting ``misuse of a
controlled substance included in schedule II, III, or IV of
section 202(c) of the Controlled Substance Act''; and
(ii) in subparagraph (D), by inserting ``a State substance
abuse agency,'' after ``a State health department,''; and
(B) by adding at the end the following:
``(3) Evaluation and reporting.--Subject to subsection (g),
a State receiving a grant under subsection (a) shall provide
the Secretary with aggregate data and other information
determined by the Secretary to be necessary to enable the
Secretary--
``(A) to evaluate the success of the State's program in
achieving its purposes; or
``(B) to prepare and submit the report to Congress required
by subsection (l)(2).
``(4) Research by other entities.--A department, program,
or administration receiving nonidentifiable information under
paragraph (1)(D) may make such information available to other
entities for research purposes.'';
(7) by redesignating subsections (h) through (n) as
subsections (j) through (p), respectively;
(8) in subsections (c)(1)(A)(iv) and (d)(4), by striking
``subsection (h)'' each place it appears and inserting
``subsection (j)'';
(9) by inserting after subsection (g) the following:
``(h) Education and Access to the Monitoring System.--A
State receiving a grant under subsection (a) shall take steps
to--
``(1) facilitate prescriber and dispenser use of the
State's controlled substance monitoring system;
``(2) educate prescribers and dispensers on the benefits of
the system both to them and society; and
``(3) facilitate linkage to the State substance abuse
agency and substance abuse disorder services.
``(i) Consultation With Attorney General.--In carrying out
this section, the Secretary shall consult with the Attorney
General of the United States and other relevant Federal
officials to--
``(1) ensure maximum coordination of controlled substance
monitoring programs and related activities; and
``(2) minimize duplicative efforts and funding.'';
(10) in subsection (l)(2)(A), as redesignated by paragraph
(7)--
(A) in clause (ii), by inserting ``; established or
strengthened initiatives to ensure linkages to substance use
disorder services;'' before ``or affected patient access'';
and
(B) in clause (iii), by inserting ``and between controlled
substance monitoring programs and health information
technology systems'' before ``, including an assessment'';
(11) by striking subsection (m) (relating to preference),
as redesignated by paragraph (7);
(12) by redesignating subsections (n) through (p), as
redesignated by paragraph (7), as subsections (m) through
(o), respectively;
(13) in subsection (m)(1), as redesignated by paragraph
(12), by striking ``establishment, implementation, or
improvement'' and inserting ``establishment, improvement, or
maintenance'';
(14) in subsection (n), as redesignated by paragraph (12)--
(A) in paragraph (5)--
(i) by striking ``means the ability'' and inserting the
following: ``means--
``(A) the ability'';
(ii) by striking the period at the end and inserting ``;
or''; and
(iii) by adding at the end the following:
``(B) sharing of State controlled substance monitoring
program information with a health information technology
system such as an electronic health records system, a health
information exchange, or an e-prescribing system.'';
(B) in paragraph (7), by striking ``pharmacy'' and
inserting ``pharmacist''; and
(C) in paragraph (8), by striking ``and the District of
Columbia'' and inserting ``, the District of Columbia, and
any commonwealth or territory of the United States''; and
(15) by amending subsection (o), as redesignated by
paragraph (12), to read as follows:
``(o) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $10,000,000
for each of fiscal years from 2016 through 2020.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Guthrie) and the gentleman from Texas (Mr. Gene Green)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 1725, the National All Schedules
Prescription Electronic Reporting Reauthorization Act of 2015,
introduced by my colleagues Mr. Whitfield, Mr. Kennedy, Mr. Bucshon,
and Mr. Pallone.
Prescription drug abuse is an epidemic in this country, and, sadly,
Kentucky is impacted by high rates of prescription drug abuse. Every
year, there are 15,000 overdose deaths from prescription pain
relievers. For every overdose death, there are an estimated 10
addiction treatment admissions and 32 emergency department visits. One
important tool we have as a nation to combat this epidemic is
Prescription Drug Monitoring Programs. They prevent doctor shopping and
help physicians make more informed clinical decisions.
Reauthorizing NASPER would provide grant support to States to
establish Prescription Drug Monitoring Programs. Healthcare providers
can access a patient's prescription history through the PDMP to help
them identify patients at risk for addiction or those who are abusing
prescription drugs. NASPER also helps identify best practices for new
PDMPs and ways to improve existing monitoring programs.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. GENE GREEN of Texas. Mr. Speaker, I yield myself such time as I
may consume.
I rise in support of H.R. 1725, the National All Schedules
Prescription Electronic Reporting Reauthorization Act. This important
legislation is sponsored by Ranking Member Pallone, Representatives Joe
Kennedy and Ed Whitfield, and Congressman Larry Bucshon.
The reauthorization of NASPER is urgently needed to ensure that
physicians have patient-specific information through Prescription Drug
Monitoring
[[Page H5798]]
Programs, PDMPs, at the point of care. As its name suggests, PDMPs help
physicians and other providers make appropriate prescribing decisions
while ensuring that patients with legitimate pain management needs have
access to necessary care. We are in the middle of an epidemic of
prescription drug opioid misuse and overdose. According to the Centers
for Disease Control and Prevention, in 2013, more than 16,000 Americans
died from an opioid-related overdose.
PDMPs are an integral part of our Nation's effort to combat the
ongoing opioid and prescription drug epidemic. They allow for the early
identification of at-risk patients and timely intervention to prevent
prescription drug abuse. States have recognized that PDMPs are a vital
tool to address this public health crisis as demonstrated by their
universal adoption amongst the States.
H.R. 1725 reauthorizes grants to States to enhance their PDMPs, and
it makes further improvements to the programs. Funding for PDMPs is
needed to help States utilize this effective tool, to incentivize
information sharing across State lines, and to further the
implementation of best practices.
I want to thank Ranking Member Pallone and Representatives Kennedy,
Whitfield, and Bucshon for their leadership. I also want to thank my
colleagues on the Energy and Commerce Committee for their commitment to
addressing our Nation's opioid epidemic. I urge my colleagues to
support H.R. 1725.
I reserve the balance of my time.
{time} 1615
Mr. GUTHRIE. Mr. Speaker, I yield 4 minutes to the gentleman from
Kentucky (Mr. Whitfield), who has worked tirelessly on these issues in
the Energy and Commerce Committee and back home to try to address the
prescription drug problem in our State.
Mr. WHITFIELD. Mr. Speaker, I rise today in support of H.R. 1725, the
National All Schedules Prescription Electronic Reporting
Reauthorization Act, as we call it, NASPER.
I introduced this legislation earlier this year with my colleagues,
Congressman Larry Bucshon of Indiana, Frank Pallone of New Jersey, and
Joe Kennedy of Massachusetts.
I want to thank Chairman Upton, Ranking Member Pallone, as well as
Subcommittee Chair Pitts, Ranking Member Green, and Congressman Guthrie
for helping move this bill through the committee and subcommittee.
It has already been stated, the importance of this legislation to
reauthorize NASPER. Prescription drug overdose death is reaching an
epidemic proportion. Tragically, it has increased in America by
fivefold since 1980, and drug overdose now kills more Americans than
automobile accidents.
In my home State of Kentucky, more than 1,000 individuals die each
year from prescription drug overdose, which is the third highest rate
in the country.
Ten years ago NASPER was signed into law to assist States in
combating prescription drug abuse through the creation and improvement
of prescription drug-monitoring programs, which experts agree are one
of the most promising clinical tools to address this epidemic.
So today we come to the floor to reauthorize this important
legislation, and I hope that we can continue our efforts to obtain
adequate funding from the Appropriations Committee for NASPER.
While there is no silver bullet to solve the problem, we do have an
opportunity to make a difference by advancing this reauthorization act.
I urge my colleagues to join me in supporting that effort.
Mr. GENE GREEN of Texas. Mr. Speaker, I reserve the balance of my
time.
Mr. GUTHRIE. Mr. Speaker, I yield 2 minutes to the gentleman from
Indiana (Mr. Bucshon), a colleague, friend, neighbor--our districts are
joined on the Ohio River--who is a physician who understands these
issues.
Mr. BUCSHON. Mr. Speaker, I rise today as an original coauthor of
this legislation, H.R. 1725. The reauthorization of NASPER would allow
SAMHSA to provide grants to States for the establishment,
implementation, and improvement of prescription drug-monitoring
programs, or PDMPs, offering timely access to accurate prescription
information for healthcare providers.
As a physician, I understand this is critical to a provider's ability
to screen and treat patients at risk for addiction.
The NASPER program also promotes greater information sharing among
States by requiring grantees to facilitate these monitoring programs
with at least one bordering State while simultaneously protecting
against unauthorized access to patient records.
This reauthorization language would also encourage States to explore
ways to incorporate access to their PDMPs into provider workflow
systems, such as electronic health records and e-prescribing. Given the
growing problem of prescription drug abuse, this is a commonsense
measure to protect the public.
I want to thank Mr. Whitfield, Mr. Kennedy, and Ranking Member
Pallone for their work on this legislation.
I urge all of my colleagues to support this important bill.
Mr. GENE GREEN of Texas. Mr. Speaker, I have no further speakers.
I yield back the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
I appreciate Mr. Whitfield, Dr. Bucshon, certainly Mr. Kennedy, and
Mr. Pallone for bringing this forward. It is important. It is important
to my State, and it is important to our neighboring States and citizens
throughout this country.
I urge my colleagues to vote for H.R. 1725.
I yield back the balance of my time.
Mr. PALLONE. Mr. Speaker, I am pleased to support H.R. 1725, the
``National All Schedules Prescription Electronic Reporting (NASPER)
Reauthorization Act,'' which helps States establish and maintain
prescription drug monitoring programs in order to combat prescription
drug abuse, a public health crisis affecting communities across the
country. I have been a long-time champion of this bill with my
colleague Representative Whitfield and I am pleased that
Representatives Kennedy and Bucshon joined our efforts this Congress to
reauthorize the NASPER program.
Prescription drug monitoring programs help prescribers, pharmacists,
and law enforcement track and prevent the misuse of prescription drugs.
Forty nine states currently have laws authorizing these programs and
they are playing a critical role in our efforts to combat the opioid
crisis. This bill, however, once passed into law, will need funding and
investment by appropriators in order to be effective. I urge Members to
ensure that investment is met.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Guthrie) that the House suspend the rules
and pass the bill, H.R. 1725, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________