[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.
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\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).
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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).
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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.
* * * * * * *
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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.
* * * * * * *
[all]