National All Schedules Prescription Electronic Reporting Reauthorization Act of 2011 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that 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.
Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: (1) allow grants to be used to maintain and operate existing state controlled substance monitoring programs, (2) require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees, (3) require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress, and (4) expand the program to include any commonwealth or territory of the United States.
Authorizes the Drug Enforcement Administration (DEA) or a state medicaid program or state health department receiving nonidentifiable information from a controlled substance monitoring database to make such information available to other entities for research purposes.
Requires a state receiving a grant to: (1) facilitate prescriber use of the state's controlled substance monitoring system, and (2) educate prescribers on the benefits of the system both to them and society.
Revises preferences for grants related to drug abuse to authorize the Secretary to give preference to eligible states or tribes that put forth a good faith effort to meet minimum requirements under the controlled substance monitoring program.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 866 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 866
To amend and reauthorize the controlled substance monitoring program
under section 399O of the Public Health Service Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2011
Mr. Whitfield (for himself and Mr. Pallone) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend and reauthorize the controlled substance monitoring program
under section 399O of the Public Health Service Act.
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 2011''.
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)(1)--
(A) in subparagraph (A), by striking ``or'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to maintain and operate an existing State-
controlled substance monitoring program.'';
(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''; and
(iii) in clause (iv), 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 inserting before the period at the
end ``and include timelines for full
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).'';
(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 the matter preceding paragraph (1) in subsection
(d), 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)'';
(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)(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
(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 (k)(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 (i) through (o), respectively;
(8) in subsections (c)(1)(A)(iv) and (d)(4), by striking
``subsection (h)'' each place it appears and inserting
``subsection (i)'';
(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 use of the State's controlled
substance monitoring system; and
``(2) educate prescribers on the benefits of the system
both to them and society.'';
(10) by amending subsection (l), as redesignated, to read
as follows:
``(l) Preference.--Beginning 3 years after the date on which funds
are first appropriated to carry out this section, the Secretary, in
awarding any competitive grant under title V that is related to drug
abuse (as determined by the Secretary) and for which only States or
tribes are eligible to apply, may give preference to eligible States
with applications approved under this section, to eligible States or
tribes with existing controlled substance monitoring programs that meet
minimum requirements under this section, or to eligible States or
tribes that put forth a good faith effort to meet those requirements
(as determined by the Secretary).'';
(11) in subsection (m)(1), as redesignated, by striking
``establishment, implementation, or improvement'' and inserting
``establishment, improvement, or maintenance'';
(12) in subsection (n)(8), as redesignated, by striking
``and the District of Columbia'' and inserting ``, the District
of Columbia, and any commonwealth or territory of the United
States''; and
(13) by amending subsection (o), as redesignated, to read
as follows:
``(o) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $15,000,000 for fiscal year
2012 and $10,000,000 for each of fiscal years 2013 and 2014.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E385)
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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