Prescription Drug Monitoring Act of 2021
This bill imposes, as a condition on certain federal funding for the Prescription Drug Monitoring Program (PDMP), additional notification and reporting requirements concerning prescriptions for potentially addictive drugs.
States or territories that receive this funding must require
In addition, the state agency administering a PDMP must analyze reported data for patterns of prescription drug misuse or abuse and provide certain information to prescribers, law enforcement, the public, and other states and territories.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2344 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2344
To require the use of prescription drug monitoring programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2021
Mr. Ryan (for himself and Mr. Balderson) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the use of prescription drug monitoring programs.
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 ``Prescription Drug Monitoring Act of
2021''.
SEC. 2. REQUIRING THE USE OF PRESCRIPTION DRUG MONITORING PROGRAMS.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Covered state.--The term ``covered State'' means a
State that receives funding under the Harold Rogers
Prescription Drug Monitoring Program established under the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2002 (Public Law 107-77;
115 Stat. 748), or under the controlled substance monitoring
program under section 399O of the Public Health Service Act (42
U.S.C. 280g-3).
(3) Dispenser.--The term ``dispenser''--
(A) means a person licensed or otherwise authorized
by a State to deliver a prescription drug product to a
patient or an agent of the patient; and
(B) does not include a person involved in oversight
or payment for prescription drugs.
(4) PDMP.--The term ``PDMP'' means a prescription drug
monitoring program.
(5) Practitioner.--The term ``practitioner'' means a
practitioner registered under section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or
dispense controlled substances.
(6) State.--The term ``State'' means each of the several
States and the District of Columbia.
(b) Requirements.--Beginning 1 year after the date of enactment of
this Act, each covered State shall require--
(1) each prescribing practitioner within the covered State
or their designee, who shall be licensed or registered
healthcare professionals or other employees who report directly
to the practitioner, to consult the PDMP of the covered State
before initiating treatment with a prescription for a
controlled substance listed in schedule II, III, or IV of
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)), and every 3 months thereafter as long as the treatment
continues;
(2) the PDMP of the covered State to provide proactive
notification to a practitioner when patterns indicative of
controlled substance misuse, including opioid misuse, are
detected;
(3) each dispenser within the covered State to report each
prescription for a controlled substance dispensed by the
dispenser to the PDMP not later than 24 hours after the
controlled substance is dispensed to the patient;
(4) that the PDMP make available a quarterly de-identified
data set and an annual report for public and private use,
including use by healthcare providers, health plans and health
benefits administrators, State agencies, and researchers, which
shall, at a minimum, meet requirements established by the
Attorney General, in coordination with the Secretary of Health
and Human Services;
(5) each State agency that administers the PDMP to--
(A) proactively analyze data available through the
PDMP; and
(B) provide reports to law enforcement agencies and
prescriber licensing boards describing any prescribing
practitioner that repeatedly fall outside of expected
norms or standard practices for the prescribing
practitioner's field; and
(6) that the data contained in the PDMP of the covered
State be made available to other States.
(c) Noncompliance.--If a covered State fails to comply with
subsection (a), the Attorney General or the Secretary of Health and
Human Services may withhold grant funds from being awarded to the
covered State under the Harold Rogers Prescription Drug Monitoring
Program established under the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2002
(Public Law 107-77; 115 Stat. 748), or under the controlled substance
monitoring program under section 399O of the Public Health Service Act
(42 U.S.C. 280g-3).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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