```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5563 Introduced in Senate (IS)]

<DOC>

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.

    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 
2024''.

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 prescription drug monitoring 
        program under section 399O of the Public Health Service Act (42 
        U.S.C. 280g-3).
            (3) Dispenser.--The term ``dispenser'' has the meaning 
        given such term in section 102 of the Controlled Substances Act 
        (21 U.S.C. 802).
            (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 50 States, 
        the District of Columbia, and any territory of the United 
        States.
    (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 health 
        care 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, upon query, 
        prescription drug information (including historical 
        information) from the PDMP, and from an inter-State query 
        conducted by the PDMP, to the practitioner;
            (3) each dispenser within the covered State to report each 
        prescription for a controlled substance dispensed 
        electronically by the dispenser to the PDMP, in real time where 
        feasible and not later than 24 hours after the controlled 
        substance is dispensed to the patient;
            (4) each State agency that administers the PDMP to--
                    (A) proactively analyze data available through the 
                PDMP and publish the results and methodology for such 
                analyses on a publicly available website, including 
                analysis of risk scoring and notifications under 
                paragraph (2) for consistency with nationally 
                recognized clinical guidelines;
                    (B) provide law enforcement agencies and prescriber 
                licensing boards access to PDMP data in a manner 
                consistent with applicable Federal and State law and 
                provide to such agencies and boards both a report and 
                methodology where an analysis under subparagraph (A) 
                indicates activity outside norms or best practices and 
                inconsistent with nationally recognized prescribing 
                guidelines; and
                    (C) use nationally recognized standards, including 
                such standards adopted pursuant to section 3004 of the 
                Public Health Service Act (42 U.S.C. 300jj-14), to 
                support the interoperability of PDMP data; and
            (5) that the data contained in the PDMP of the covered 
        State be made available to all other States as discrete 
        interoperable data, including when such exchange is facilitated 
        by a third party.
    (c) Noncompliance.--If a covered State fails to comply with 
subsection (b), the Attorney General 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 the Secretary of 
Health and Human Services may withhold grant funds from being awarded 
to the covered State under the prescription drug monitoring program 
under section 399O of the Public Health Service Act (42 U.S.C. 280g-3).
                                 <all>
```