[Congressional Record (Bound Edition), Volume 163 (2017), Part 9]
[Senate]
[Page 12576]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              JESSIE'S LAW

  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the 
Committee on Health, Education, Labor, and Pensions be discharged from 
further consideration of S. 581 and the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 581) to include information concerning a 
     patient's opioid addiction in certain medical records.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the 
Manchin-Capito substitute amendment be agreed to, the bill, as amended, 
be considered read a third time and passed, and the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 752) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Jessie's Law''.

     SEC. 2. INCLUSION OF OPIOID ADDICTION HISTORY IN PATIENT 
                   RECORDS.

       (a) Best Practices.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in consultation with appropriate stakeholders, 
     including a patient with a history of opioid use disorder, an 
     expert in electronic health records, an expert in the 
     confidentiality of patient health information and records, 
     and a health care provider, shall identify or facilitate the 
     development of best practices regarding--
       (A) the circumstances under which information that a 
     patient has provided to a health care provider regarding such 
     patient's history of opioid use disorder should, only at the 
     patient's request, be prominently displayed in the medical 
     records (including electronic health records) of such 
     patient;
       (B) what constitutes the patient's request for the purpose 
     described in subparagraph (A); and
       (C) the process and methods by which the information should 
     be so displayed.
       (2) Dissemination.--The Secretary shall disseminate the 
     best practices developed under paragraph (1) to health care 
     providers and State agencies.
       (b) Requirements.--In identifying or facilitating the 
     development of best practices under subsection (a), as 
     applicable, the Secretary, in consultation with appropriate 
     stakeholders, shall consider the following:
       (1) The potential for addiction relapse or overdose, 
     including overdose death, when opioid medications are 
     prescribed to a patient recovering from opioid use disorder.
       (2) The benefits of displaying information about a 
     patient's opioid use disorder history in a manner similar to 
     other potentially lethal medical concerns, including drug 
     allergies and contraindications.
       (3) The importance of prominently displaying information 
     about a patient's opioid use disorder when a physician or 
     medical professional is prescribing medication, including 
     methods for avoiding alert fatigue in providers.
       (4) The importance of a variety of appropriate medical 
     professionals, including physicians, nurses, and pharmacists, 
     to have access to information described in this section when 
     prescribing or dispensing opioid medication, consistent with 
     Federal and State laws and regulations.
       (5) The importance of protecting patient privacy, including 
     the requirements related to consent for disclosure of 
     substance use disorder information under all applicable laws 
     and regulations.
       (6) All applicable Federal and State laws and regulations.

  The bill (S. 581), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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