[House Report 117-180]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {     117-180

======================================================================



 
              OPIOID PRESCRIPTION VERIFICATION ACT OF 2021

                                _______
                                

 November 30, 2021.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2355]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2355) to facilitate responsible, informed 
dispensing of controlled substances and other prescribed 
medications, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  3
 II. Background and Need for the Legislation..........................  3
III. Committee Hearings...............................................  4
 IV. Committee Consideration..........................................  4
  V. Committee Votes..................................................  5
 VI. Oversight Findings...............................................  5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures  5
VIII.Congressional Budget Office Estimate.............................  5
 IX. Federal Mandates Statement.......................................  6
  X. Statement of General Performance Goals and Objectives............  6
 XI. Duplication of Federal Programs..................................  7
XII. Committee Cost Estimate..........................................  7
XIII.Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......  7
XIV. Advisory Committee Statement.....................................  7
 XV. Applicability to Legislative Branch..............................  7
XVI. Section-by-Section Analysis of the Legislation...................  7
VII. Changes in Existing Law Made by the Bill, as Reported............  8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Opioid Prescription Verification Act 
of 2021''.

SEC. 2. MATERIALS FOR TRAINING PHARMACISTS ON CERTAIN CIRCUMSTANCES 
                    UNDER WHICH A PHARMACIST MAY DECLINE TO FILL A 
                    PRESCRIPTION.

  (a) Updates to Materials.--Section 3212(a) of the SUPPORT for 
Patients and Communities Act (21 U.S.C. 829 note) is amended by 
striking ``Not later than 1 year after the date of enactment of this 
Act, the Secretary of Health and Human Services, in consultation with 
the Administrator of the Drug Enforcement Administration, Commissioner 
of Food and Drugs, Director of the Centers for Disease Control and 
Prevention, and Assistant Secretary for Mental Health and Substance 
Use, shall develop and disseminate'' and inserting ``The Secretary of 
Health and Human Services, in consultation with the Administrator of 
the Drug Enforcement Administration, Commissioner of Food and Drugs, 
Director of the Centers for Disease Control and Prevention, and 
Assistant Secretary for Mental Health and Substance Use, shall develop 
and disseminate not later than 1 year after the date of enactment of 
this Act, and update periodically thereafter''.
  (b) Materials Included.--Section 3212(b) of the SUPPORT for Patients 
and Communities Act (21 U.S.C. 829 note) is amended--
          (1) by redesignating paragraphs (1) and (2) as paragraphs (2) 
        and (3), respectively; and
          (2) by inserting before paragraph (2), as so redesignated, 
        the following new paragraph:
          ``(1) pharmacists on how to verify the identity of the 
        patient;''.
  (c) Materials for Training on Patient Verification .--Section 3212 of 
the SUPPORT for Patients and Communities Act (21 U.S.C. 829 note) is 
amended by adding at the end the following new subsection:
  ``(d) Materials for Training on Verification of Identity.--Not later 
than 1 year after the date of enactment of this subsection, the 
Secretary of Health and Human Services, after seeking stakeholder input 
in accordance with subsection (c), shall--
          ``(1) update the materials developed under subsection (a) to 
        include information for pharmacists on how to verify the 
        identity the patient; and
          ``(2) disseminate, as appropriate, the updated materials.''.

SEC. 3. INCENTIVIZING STATES TO FACILITATE RESPONSIBLE, INFORMED 
                    DISPENSING OF CONTROLLED SUBSTANCES.

  (a) In General.--Section 392A of the Public Health Service Act (42 
U.S.C. 280b-1) is amended--
          (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
          (2) by inserting after subsection (b) the following new 
        subsection:
  ``(c) Preference.--In determining the amounts of grants awarded to 
States under subsections (a) and (b), the Director of the Centers for 
Disease Control and Prevention may give preference to States in 
accordance with such criteria as the Director may specify and may 
choose to give preference to States that--
          ``(1) maintain a prescription drug monitoring program;
          ``(2) require prescribers of controlled substances in 
        schedule II, III, or IV to issue such prescriptions 
        electronically, and make such requirement subject to exceptions 
        in the cases listed in section 1860D-4(e)(7)(B) of the Social 
        Security Act; and
          ``(3) require dispensers of such controlled substances to 
        enter certain information about the purchase of such controlled 
        substances into the respective State's prescription drug 
        monitoring program, including--
                  ``(A) the National Drug Code or, in the case of 
                compounded medications, compound identifier;
                  ``(B) the quantity dispensed;
                  ``(C) the patient identifier; and
                  ``(D) the date filled.''.
  (b) Definitions.--Subsection (d) of section 392A of the Public Health 
Service Act (42 U.S.C. 280b-1), as redesignated by subsection (a)(1), 
is amended to read as follows:
  ``(d) Definitions.--In this section:
          ``(1) Controlled substance.--The term `controlled substance' 
        has the meaning given that term in section 102 of the 
        Controlled Substances Act.
          ``(2) Dispenser.--The term `dispenser' means a physician, 
        pharmacist, or other person that dispenses a controlled 
        substance to an ultimate user.
          ``(3) Indian tribe.--The term `Indian tribe' has the meaning 
        given that term in section 4 of the Indian Self-Determination 
        and the Education Assistance Act.''

                         I. Purpose and Summary

    H.R. 2355, the ``Opioid Prescription Verification Act of 
2021,'' directs federal agencies to develop, disseminate, and 
periodically update training materials for pharmacists 
regarding circumstances under which a pharmacist may decline to 
fill a prescription. It also creates a preference for grants 
awarded to states by the Centers for Disease Control and 
Prevention (CDC) for evidence-based overdose prevention 
activities to States that utilize prescription drug monitoring 
programs (PDMPs), require prescribers of certain controlled 
substances to utilize electronic prescribing, and require entry 
of information about the purchase of such prescriptions into 
the State's PDMPs, including the National Drug Code or 
compounded identifier, the quantity dispensed, the ultimate 
user, and the date filled.

                II. Background and Need for Legislation

    Addiction and substance use disorders (SUD) are complex, 
treatable diseases that impact physical and mental health.\1\ 
In 2019, roughly 20.3 million Americans--including over one 
million children ages 12 to 17--had a SUD.\2\ Of the 20.3 
million with a SUD, over 10 million experienced opioid 
misuse.\3\ Around 80 percent of people who use heroin first 
misused prescription opioids.\4\ If untreated, SUDs can lead to 
severe health outcomes and in the most tragic cases, death.
---------------------------------------------------------------------------
    \1\National Institute on Drug Abuse, The Science of Drug Use and 
Addiction: The Basics, (www.drugabuse.gov/publications/media-guide/
science-drug-use-addiction-basics) (accessed Aug. 17, 2021).
    \2\Substance Abuse and Mental Health Services Administration, 2018-
2019 National Surveys on Drug Use and Health Estimated Totals by State, 
(Jan. 28, 2021). (www.samhsa.gov/data/sites/default/files/reports/
rpt32879/NSDUHsaeTotal2019/2019NSDUHsaeTotal.pdf).
    \3\Substance Abuse and Mental Health Services Administration, Dr. 
Elinore F. McCance-Katz Webcast Slides, National Survey on Drug Use and 
Health: 2019) (Sept. 11, 2020). (www.samhsa.gov/data/sites/default/
files/reports/rpt29392/Assistant-Secretary-nsduh2019_
presentation/Assistant-Secretary-nsduh2019_presentation.pdf).
    \4\National Institute on Drug Abuse, Opioid Overdose Crisis, 
(https://www.drugabuse.gov/drug-topics/opioids/opioid-overdose-crisis).
---------------------------------------------------------------------------
    Prior to the coronavirus disease of 2019 (COVID-19) 
pandemic, opioid overdose deaths were increasing in the United 
States.\5\ Recent data from CDC indicates an acceleration of 
overdose deaths during the pandemic. In the 12 months leading 
up to August 2020, 88,000 drug overdose deaths were reported; 
the highest total ever recorded in a 12-month period.\6\
---------------------------------------------------------------------------
    \5\ Centers for Disease Control and Prevention, Trends and 
Geographic Patterns in Drug and Synthetic Opioid Overdose Deaths--
United States, 2013-2019, (Feb. 21, 2021) (www.cdc.gov/mmwr/volumes/70/
wr/mm7006a4.htm?s_cid=mm7006a4_w).
    \6\ Centers for Disease Control and Prevention, National Center for 
Health Statistics, Provisional drug overdose death counts (www.cdc.gov/
nchs/nvss/vsrr/drug-overdose-data.htm) (accessed Aug. 17, 2021).
    \7\ Substance Use Disorder Prevention that Promotes Opioid Recovery 
and Treatment (SUPPORT) for Patients and Communities Act, Pub. L. No. 
115-271 (2018).
---------------------------------------------------------------------------
    In 2018, Congress also passed the Substance Use-Disorder 
Prevention that Promotes Opioid Recovery and Treatment for 
Patients and Communities Act (SUPPORT Act). The SUPPORT Act 
authorized opioid-specific funding and expanded access to SUD 
treatment and resources. The law also increased opioid abuse 
and overdose prevention training for providers; improved 
coordination and quality of care; supported e-prescribing of 
controlled-substances and strengthened the Food and Drug 
Administration (FDA) and law enforcement's respective abilities 
to combat the trafficking of illicit opioids.\7\ The SUPPORT 
Act also included a provision modified by H.R. 2355 that would 
clarify when a pharmacist could decline to fill a prescription, 
such as if the pharmacist believed the prescription was 
fraudulent, forged, or had suspicious origins.

                        III. Committee Hearings

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearing was used 
to develop or consider H.R. 2355:
    The Subcommittee on Health held a hearing on April 14, 
2021, entitled ``An Epidemic within a Pandemic: Understanding 
Substance Use and Misuse in America.'' The Subcommittee 
received testimony from the following witnesses:

Panel I

           Regina M. LaBelle, Acting Director, White 
        House Office of National Drug Control Policy

Panel II

           Geoffrey M. Laredo, Principal, Santa Cruz 
        Strategies, LLC
           Patricia L. Richman, National Sentencing 
        Resource Counsel, Federal Public and Community 
        Defenders
           Mark Vargo, Pennington County State's 
        Attorney, Legislative Committee Chairman, National 
        District Attorneys Association
           Timothy Westlake, M.D., F.F.S.M.B., 
        F.A.C.E.P., Emergency Department Medical Director, Pro 
        Health Care Oconomowoc Memorial Hospital
           J. Deanna Wilson, M.D., M.P.H., Assistant 
        Professor of Medicine and Pediatrics, University of 
        Pittsburgh School of Medicine IV

                      IV. Committee Consideration

    H.R. 2355, the ``Opioid Prescription Verification Act of 
2021,'' was introduced on April 5, 2021, by Representatives 
Rodney Davis (R-IL), Gus Bilirakis (R-FL), and Ann Wagner (R-
MO) and referred to the Committee on Energy and Commerce. 
Subsequently, on April 13, 2021, the bill was referred to the 
Subcommittee on Health.
    On July 15, 2021, the Subcommittee on Health met in open 
markup session, pursuant to notice, to consider H.R. 2355 and 
18 other bills. During consideration of the bill, an amendment 
in the nature of a substitute (AINS) offered by Representative 
Bilirakis was agreed to by a voice vote. Upon conclusion of 
consideration of the bill, the Subcommittee on Health agreed to 
report the bill favorably to the full Committee, amended, by a 
voice vote.
    On July 21, 2021, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 2355 and 23 other 
bills. No amendments were offered during consideration of the 
bill. Upon conclusion of consideration of the bill, the full 
Committee agreed to a motion on final passage offered by 
Representative Pallone (D-NJ), Chairman of the Committee, to 
order H.R. 2355 reported favorably to the House, as amended, by 
a voice vote.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
2355.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

               VIII. Congressional Budget Office Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 21, 2021.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2355, the Opioid 
Prescription Verification Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah 
Sajewski.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 2355 would require the Secretary of Health and Human 
Services to update materials that provide guidance for 
pharmacists, health care providers, and patients about when a 
pharmacist may decline to fill a prescription for a controlled 
substance. The updated materials would include information for 
pharmacists on how to verify the identity of the patient. Based 
on historical spending patterns for similar activities, CBO 
estimates that costs to the federal government of developing 
and distributing those materials would not be significant.
    The bill would also specify criteria the Director of the 
Centers for Disease Control and Prevention may use when 
determining amounts for grants to state, local, and tribal 
governments to prevent overdoses of controlled substances. 
Those new criteria could affect the amounts awarded to a 
specific entity, but CBO estimates they would not affect the 
total amount of grants awarded; therefore, the provision would 
have no federal budgetary effect.
    The CBO staff contact for this estimate is Sarah Sajewski. 
The estimate was reviewed by Leo Lex, Deputy Director of Budget 
Analysis.

                     IX. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

        X. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
facilitate responsible, informed dispensing of controlled 
substances. Additionally, this bill seeks to improve outcomes 
for individuals who utilize prescribed opioids for medical 
treatment by creating a preference for grants awarded to States 
by CDC for evidence-based overdose prevention activities to 
states that utilize prescription drug monitoring programs 
(PDMPs), require prescribers of certain controlled substances 
to utilize electronic prescribing, and require entry of 
information about the purchase of such prescriptions into the 
State's PDMPs including the National Drug Code or compounded 
identifier, the quantity dispensed, the patient identifier, and 
the date filled.

                  XI. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 2355 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111--139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XII. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

   XIII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 2355 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIV. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

          XVI. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Opioid Prescription Verification Act of 2021.''

Sec. 2. Materials for training pharmacists on certain circumstances 
        under which a pharmacist may decline to fill a prescription.

    Section 2 amends the SUPPORT for Patients and Communities 
Act (21 U.S.C. 829) to require the Secretary of Health and 
Human Services (HHS), along with the Administrator of the Drug 
Enforcement Administration (DEA), Commissioner of the Food and 
Drug Administration (FDA), Director of CDC, and Assistant 
Secretary for Mental Health and Substance Use at the Substance 
Abuse and Mental Health Services Administration to develop, 
disseminate, and begin periodically updating training materials 
for pharmacists on verifying the identity of the patient no 
later than one year after enactment. The section requires 
educational materials to include information for pharmacists on 
how to verify the identity of the patient. The section also 
requires the Secretary of HHS to update educational materials 
relevant to this section and disseminate, as appropriate, the 
updated materials, with dissemination beginning no later than 
one year after enactment.

Sec. 3. Incentivizing States to facilitate responsible, informed 
        dispensing of controlled substances

    Section 3 allows the Director of CDC to offer preference 
for grants awarded to States for evidence-based overdose 
prevention activities to States that maintain PDMPs, require 
prescribers of certain controlled substances to utilize 
electronic prescribing, and require entry of information about 
the purchase of such controlled substances into the State's 
PDMPs, including the National Drug Code or compounded 
identifier, the quantity dispensed, the patient identifier, and 
the date filled.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                SUPPORT FOR PATIENTS AND COMMUNITIES ACT



           *       *       *       *       *       *       *
TITLE III--FDA AND CONTROLLED SUBSTANCE PROVISIONS

           *       *       *       *       *       *       *


Subtitle B--Controlled Substance Provisions

           *       *       *       *       *       *       *


CHAPTER 2--EMPOWERING PHARMACISTS IN THE FIGHT AGAINST OPIOID ABUSE

           *       *       *       *       *       *       *


SEC. 3212. PROGRAMS AND MATERIALS FOR TRAINING ON CERTAIN CIRCUMSTANCES 
                    UNDER WHICH A PHARMACIST MAY DECLINE TO FILL A 
                    PRESCRIPTION.

  (a) 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 the Administrator of the Drug 
Enforcement Administration, Commissioner of Food and Drugs, 
Director of the Centers for Disease Control and Prevention, and 
Assistant Secretary for Mental Health and Substance Use, shall 
develop and disseminate] The Secretary of Health and Human 
Services, in consultation with the Administrator of the Drug 
Enforcement Administration, Commissioner of Food and Drugs, 
Director of the Centers for Disease Control and Prevention, and 
Assistant Secretary for Mental Health and Substance Use, shall 
develop and disseminate not later than 1 year after the date of 
enactment of this Act, and update periodically thereafter, as 
appropriate, materials for pharmacists, health care providers, 
and patients on--
          (1) circumstances under which a pharmacist may, 
        consistent with section 309 of the Controlled 
        Substances Act (21 U.S.C. 829) and regulations 
        thereunder, including section 1306.04 of title 21, Code 
        of Federal Regulations, decline to fill a prescription 
        for a controlled substance because the pharmacist 
        suspects the prescription is fraudulent, forged, or of 
        doubtful, questionable, or suspicious origin; and
          (2) other Federal requirements pertaining to 
        declining to fill a prescription under such 
        circumstances, including the partial fill of 
        prescriptions for certain controlled substances.
  (b) Materials Included.--In developing materials under 
subsection (a), the Secretary of Health and Human Services 
shall include information for--
          (1) pharmacists on how to verify the identity of the 
        patient;
          [(1)] (2) pharmacists on how to decline to fill a 
        prescription and actions to take after declining to 
        fill a prescription; and
          [(2)] (3) other health care practitioners and the 
        public on a pharmacist's ability to decline to fill 
        prescriptions in certain circumstances and a 
        description of those circumstances (as described in the 
        materials developed under subsection (a)(1)).
  (c) Stakeholder Input.--In developing the programs and 
materials required under subsection (a), the Secretary of 
Health and Human Services shall seek input from relevant 
national, State, and local associations, boards of pharmacy, 
medical societies, licensing boards, health care practitioners, 
and patients, including individuals with chronic pain.
  (d) Materials for Training on Verification of Identity.--Not 
later than 1 year after the date of enactment of this 
subsection, the Secretary of Health and Human Services, after 
seeking stakeholder input in accordance with subsection (c), 
shall--
          (1) update the materials developed under subsection 
        (a) to include information for pharmacists on how to 
        verify the identity the patient; and
          (2) disseminate, as appropriate, the updated 
        materials.

           *       *       *       *       *       *       *

                              ----------                              


                       PUBLIC HEALTH SERVICE ACT



           *       *       *       *       *       *       *
TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE

           *       *       *       *       *       *       *


Part J--Prevention and Control of Injuries

           *       *       *       *       *       *       *


SEC. 392A. PREVENTING OVERDOSES OF CONTROLLED SUBSTANCES.

  (a) Evidence-Based Prevention Grants.--
          (1) In general.--The Director of the Centers for 
        Disease Control and Prevention may--
                  (A) to the extent practicable, carry out and 
                expand any evidence-based prevention activities 
                described in paragraph (2);
                  (B) provide training and technical assistance 
                to States, localities, and Indian tribes for 
                purposes of carrying out such activity; and
                  (C) award grants to States, localities, and 
                Indian tribes for purposes of carrying out such 
                activity.
          (2) Evidence-based prevention activities.--An 
        evidence-based prevention activity described in this 
        paragraph is any of the following activities:
                  (A) Improving the efficiency and use of a new 
                or currently operating prescription drug 
                monitoring program, including by--
                          (i) encouraging all authorized users 
                        (as specified by the State or other 
                        entity) to register with and use the 
                        program;
                          (ii) enabling such users to access 
                        any updates to information collected by 
                        the program in as close to real-time as 
                        possible;
                          (iii) improving the ease of use of 
                        such program;
                          (iv) providing for a mechanism for 
                        the program to notify authorized users 
                        of any potential misuse or abuse of 
                        controlled substances and any detection 
                        of inappropriate prescribing or 
                        dispensing practices relating to such 
                        substances;
                          (v) encouraging the analysis of 
                        prescription drug monitoring data for 
                        purposes of providing de-identified, 
                        aggregate reports based on such 
                        analysis to State public health 
                        agencies, State substance abuse 
                        agencies, State licensing boards, and 
                        other appropriate State agencies, as 
                        permitted under applicable Federal and 
                        State law and the policies of the 
                        prescription drug monitoring program 
                        and not containing any protected health 
                        information, to prevent inappropriate 
                        prescribing, drug diversion, or abuse 
                        and misuse of controlled substances, 
                        and to facilitate better coordination 
                        among agencies;
                          (vi) enhancing interoperability 
                        between the program and any health 
                        information technology (including 
                        certified health information 
                        technology), including by integrating 
                        program data into such technology;
                          (vii) updating program capabilities 
                        to respond to technological innovation 
                        for purposes of appropriately 
                        addressing the occurrence and evolution 
                        of controlled substance overdoses;
                          (viii) facilitating and encouraging 
                        data exchange between the program and 
                        the prescription drug monitoring 
                        programs of other States;
                          (ix) enhancing data collection and 
                        quality, including improving patient 
                        matching and proactively monitoring 
                        data quality;
                          (x) providing prescriber and 
                        dispenser practice tools, including 
                        prescriber practice insight reports for 
                        practitioners to review their 
                        prescribing patterns in comparison to 
                        such patterns of other practitioners in 
                        the specialty; and
                          (xi) meeting the purpose of the 
                        program established under section 399O, 
                        as described in section 399O(a).
                  (B) Promoting community or health system 
                interventions.
                  (C) Evaluating interventions to prevent 
                controlled substance overdoses.
                  (D) Implementing projects to advance an 
                innovative prevention approach with respect to 
                new and emerging public health crises and 
                opportunities to address such crises, such as 
                enhancing public education and awareness on the 
                risks associated with opioids.
          (3) Additional grants.--The Director may award grants 
        to States, localities, and Indian Tribes--
                  (A) to carry out innovative projects for 
                grantees to rapidly respond to controlled 
                substance misuse, abuse, and overdoses, 
                including changes in patterns of controlled 
                substance use; and
                  (B) for any other evidence-based activity for 
                preventing controlled substance misuse, abuse, 
                and overdoses as the Director determines 
                appropriate.
          (4) Research.--The Director, in coordination with the 
        Assistant Secretary for Mental Health and Substance Use 
        and the National Mental Health and Substance Use Policy 
        Laboratory established under section 501A, as 
        appropriate and applicable, may conduct studies and 
        evaluations to address substance use disorders, 
        including preventing substance use disorders or other 
        related topics the Director determines appropriate.
  (b) Enhanced Controlled Substance Overdose Data Collection, 
Analysis, and Dissemination Grants.--
          (1) In general.--The Director of the Centers for 
        Disease Control and Prevention may--
                  (A) to the extent practicable, carry out any 
                controlled substance overdose data collection 
                activities described in paragraph (2);
                  (B) provide training and technical assistance 
                to States, localities, and Indian tribes for 
                purposes of carrying out such activity;
                  (C) award grants to States, localities, and 
                Indian tribes for purposes of carrying out such 
                activity; and
                  (D) coordinate with the Assistant Secretary 
                for Mental Health and Substance Use to collect 
                data pursuant to section 505(d)(1)(A) (relating 
                to the number of individuals admitted to 
                emergency departments as a result of the abuse 
                of alcohol or other drugs).
          (2) Controlled substance overdose data collection and 
        analysis activities.--A controlled substance overdose 
        data collection, analysis, and dissemination activity 
        described in this paragraph is any of the following 
        activities:
                  (A) Improving the timeliness of reporting 
                data to the public, including data on fatal and 
                nonfatal overdoses of controlled substances.
                  (B) Enhancing the comprehensiveness of 
                controlled substance overdose data by 
                collecting information on such overdoses from 
                appropriate sources such as toxicology reports, 
                autopsy reports, death scene investigations, 
                and emergency departments.
                  (C) Modernizing the system for coding causes 
                of death related to controlled substance 
                overdoses to use an electronic-based system.
                  (D) Using data to help identify risk factors 
                associated with controlled substance overdoses.
                  (E) Supporting entities involved in providing 
                information on controlled substance overdoses, 
                such as coroners, medical examiners, and public 
                health laboratories to improve accurate testing 
                and standardized reporting of causes and 
                contributing factors to controlled substances 
                overdoses and analysis of various opioid 
                analogues to controlled substance overdoses.
                  (F) Working to enable and encourage the 
                access, exchange, and use of information 
                regarding controlled substance overdoses among 
                data sources and entities.
  (c) Preference.--In determining the amounts of grants awarded 
to States under subsections (a) and (b), the Director of the 
Centers for Disease Control and Prevention may give preference 
to States in accordance with such criteria as the Director may 
specify and may choose to give preference to States that--
          (1) maintain a prescription drug monitoring program;
          (2) require prescribers of controlled substances in 
        schedule II, III, or IV to issue such prescriptions 
        electronically, and make such requirement subject to 
        exceptions in the cases listed in section 1860D-
        4(e)(7)(B) of the Social Security Act; and
          (3) require dispensers of such controlled substances 
        to enter certain information about the purchase of such 
        controlled substances into the respective State's 
        prescription drug monitoring program, including--
                  (A) the National Drug Code or, in the case of 
                compounded medications, compound identifier;
                  (B) the quantity dispensed;
                  (C) the patient identifier; and
                  (D) the date filled.
  [(c) Definitions.--In this section:
          [(1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given that term in section 
        102 of the Controlled Substances Act.
          [(2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act.]
  (d) Definitions.--In this section:
          (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given that term in section 
        102 of the Controlled Substances Act.
          (2) Dispenser.--The term ``dispenser'' means a 
        physician, pharmacist, or other person that dispenses a 
        controlled substance to an ultimate user.
          (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act.
  [(d)] (e) Authorization of Appropriations.--For purposes of 
carrying out this section, section 399O of this Act, and 
section 102 of the Comprehensive Addiction and Recovery Act of 
2016 (Public Law 114-198), there is authorized to be 
appropriated $496,000,000 for each of fiscal years 2019 through 
2023.

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