II 

118TH CONGRESS 

2D SESSION S. 5563 

To require the use of prescription drug monitoring programs. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17 (legislative day, DECEMBER 16), 2024 

Ms. KLOBUCHAR (for herself, Mr. KING, and Mr. MANCHIN) introduced the 

following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To require the use of prescription drug monitoring programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prescription Drug 

5 Monitoring Act of 2024’’. 

6 SEC. 2. REQUIRING THE USE OF PRESCRIPTION DRUG 

7 MONITORING PROGRAMS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) CONTROLLED SUBSTANCE.—The term 

10 ‘‘controlled substance’’ has the meaning given the 


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1 term in section 102 of the Controlled Substances 

2 Act (21 U.S.C. 802). 

3 (2) COVERED STATE.—The term ‘‘covered 

4 State’’ means a State that receives funding under 

5 the Harold Rogers Prescription Drug Monitoring 

6 Program established under the Departments of 

7 Commerce, Justice, and State, the Judiciary, and 

8 Related Agencies Appropriations Act, 2002 (Public 

9 Law 107–77; 115 Stat. 748), or under the prescrip10 tion drug monitoring program under section 399O of 

11 the Public Health Service Act (42 U.S.C. 280g–3). 

12 (3) DISPENSER.—The term ‘‘dispenser’’ has the 

13 meaning given such term in section 102 of the Con14 trolled Substances Act (21 U.S.C. 802). 

15 (4) PDMP.—The term ‘‘PDMP’’ means a pre16 scription drug monitoring program. 

17 (5) PRACTITIONER.—The term ‘‘practitioner’’ 

18 means a practitioner registered under section 303(f) 

19 of the Controlled Substances Act (21 U.S.C. 823(f)) 

20 to prescribe, administer, or dispense controlled sub21 stances. 

22 (6) STATE.—The term ‘‘State’’ means each of 

23 the 50 States, the District of Columbia, and any ter24 ritory of the United States. 


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1 (b) REQUIREMENTS.—Beginning 1 year after the 

2 date of enactment of this Act, each covered State shall 

3 require— 

4 (1) each prescribing practitioner within the cov5 ered State or their designee, who shall be licensed or 

6 registered health care professionals or other employ7 ees who report directly to the practitioner, to consult 

8 the PDMP of the covered State before initiating 

9 treatment with a prescription for a controlled sub10 stance listed in schedule II, III, or IV of section 

11 202(c) of the Controlled Substances Act (21 U.S.C. 

12 812(c)), and every 3 months thereafter as long as 

13 the treatment continues; 

14 (2) the PDMP of the covered State to provide, 

15 upon query, prescription drug information (including 

16 historical information) from the PDMP, and from 

17 an inter-State query conducted by the PDMP, to the 

18 practitioner; 

19 (3) each dispenser within the covered State to 

20 report each prescription for a controlled substance 

21 dispensed electronically by the dispenser to the 

22 PDMP, in real time where feasible and not later 

23 than 24 hours after the controlled substance is dis24 pensed to the patient; 


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1 (4) each State agency that administers the 

2 PDMP to— 

3 (A) proactively analyze data available 

4 through the PDMP and publish the results and 

5 methodology for such analyses on a publicly 

6 available website, including analysis of risk 

7 scoring and notifications under paragraph (2) 

8 for consistency with nationally recognized clin9 ical guidelines; 

10 (B) provide law enforcement agencies and 

11 prescriber licensing boards access to PDMP 

12 data in a manner consistent with applicable 

13 Federal and State law and provide to such 

14 agencies and boards both a report and method15 ology where an analysis under subparagraph 

16 (A) indicates activity outside norms or best 

17 practices and inconsistent with nationally recog18 nized prescribing guidelines; and 

19 (C) use nationally recognized standards, 

20 including such standards adopted pursuant to 

21 section 3004 of the Public Health Service Act 

22 (42 U.S.C. 300jj–14), to support the interoper23 ability of PDMP data; and 

24 (5) that the data contained in the PDMP of the 

25 covered State be made available to all other States 


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1 as discrete interoperable data, including when such 

2 exchange is facilitated by a third party. 

3 (c) NONCOMPLIANCE.—If a covered State fails to 

4 comply with subsection (b), the Attorney General may 

5 withhold grant funds from being awarded to the covered 

6 State under the Harold Rogers Prescription Drug Moni7 toring Program established under the Departments of 

8 Commerce, Justice, and State, the Judiciary, and Related 

9 Agencies Appropriations Act, 2002 (Public Law 107–77; 

10 115 Stat. 748), or the Secretary of Health and Human 

11 Services may withhold grant funds from being awarded 

12 to the covered State under the prescription drug moni13 toring program under section 399O of the Public Health 

14 Service Act (42 U.S.C. 280g–3). 

Æ 


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