I 

113TH CONGRESS 

1ST SESSION H. R. 3528 

To amend and reauthorize the controlled substance monitoring program under 

section 399O of the Public Health Service Act. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2013 

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. 

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 ‘‘National All Schedules 

5 Prescription Electronic Reporting Reauthorization Act of 

6 2013’’. 

7 SEC. 2. AMENDMENT TO PURPOSE. 

8 Paragraph (1) of section 2 of the National All Sched9 ules Prescription Electronic Reporting Act of 2005 (Public 

10 Law 109–60) is amended to read as follows: 


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1 ‘‘(1) foster the establishment of State-adminis2 tered controlled substance monitoring systems in 

3 order to ensure that— 

4 ‘‘(A) health care providers have access to 

5 the accurate, timely prescription history infor6 mation that they may use as a tool for the early 

7 identification of patients at risk for addiction in 

8 order to initiate appropriate medical interven9 tions and avert the tragic personal, family, and 

10 community consequences of untreated addiction; 

11 and 

12 ‘‘(B) appropriate law enforcement, regu13 latory, and State professional licensing authori14 ties have access to prescription history informa15 tion for the purposes of investigating drug di16 version and prescribing and dispensing prac17 tices of errant prescribers or pharmacists; and’’. 

18 SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONI19 TORING PROGRAM. 

20 Section 399O of the Public Health Service Act (42 

21 U.S.C. 280g–3) is amended— 

22 (1) in subsection (a)(1)— 

23 (A) in subparagraph (A), by striking ‘‘or’’; 

24 (B) in subparagraph (B), by striking the 

25 period at the end and inserting ‘‘; or’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(C) to maintain and operate an existing 

3 State-controlled substance monitoring pro4 gram.’’; 

5 (2) by amending subsection (b) to read as fol6 lows: 

7 ‘‘(b) MINIMUM REQUIREMENTS.—The Secretary 

8 shall maintain and, as appropriate, supplement or revise 

9 (after publishing proposed additions and revisions in the 

10 Federal Register and receiving public comments thereon) 

11 minimum requirements for criteria to be used by States 

12 for purposes of clauses (ii), (v), (vi), and (vii) of subsection 

13 (c)(1)(A).’’; 

14 (3) in subsection (c)— 

15 (A) in paragraph (1)(B)— 

16 (i) in the matter preceding clause (i), 

17 by striking ‘‘(a)(1)(B)’’ and inserting 

18 ‘‘(a)(1)(B) or (a)(1)(C)’’; 

19 (ii) in clause (i), by striking ‘‘program 

20 to be improved’’ and inserting ‘‘program to 

21 be improved or maintained’’; and 

22 (iii) in clause (iv), by striking ‘‘public 

23 health’’ and inserting ‘‘public health or 

24 public safety’’; 

25 (B) in paragraph (3)— 


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1 (i) by striking ‘‘If a State that sub2 mits’’ and inserting the following: 

3 ‘‘(A) IN GENERAL.—If a State that sub4 mits’’; 

5 (ii) by inserting before the period at 

6 the end ‘‘and include timelines for full im7 plementation of such interoperability’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(B) MONITORING OF EFFORTS.—The 

11 Secretary shall monitor State efforts to achieve 

12 interoperability, as described in subparagraph 

13 (A).’’; 

14 (C) in paragraph (5)— 

15 (i) by striking ‘‘implement or im16 prove’’ and inserting ‘‘establish, improve, 

17 or maintain’’; and 

18 (ii) by adding at the end the fol19 lowing: ‘‘The Secretary shall redistribute 

20 any funds that are so returned among the 

21 remaining grantees under this section in 

22 accordance with the formula described in 

23 subsection (a)(2)(B).’’; 

24 (4) in the matter preceding paragraph (1) in 

25 subsection (d), by striking ‘‘In implementing or imVerDate Mar 15 2010 18:34 Nov 20, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3528.IH H3528

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1 proving’’ and all that follows through ‘‘(a)(1)(B)’’ 

2 and inserting ‘‘In establishing, improving, or main3 taining a controlled substance monitoring program 

4 under this section, a State shall comply, or with re5 spect to a State that applies for a grant under sub6 paragraph (B) or (C) of subsection (a)(1)’’; 

7 (5) in subsections (e), (f)(1), and (g), by strik8 ing ‘‘implementing or improving’’ each place it ap9 pears and inserting ‘‘establishing, improving, or 

10 maintaining’’; 

11 (6) in subsection (f)— 

12 (A) in paragraph (1)(B) by striking ‘‘mis13 use of a schedule II, III, or IV substance’’ and 

14 inserting ‘‘misuse of a controlled substance in15 cluded in schedule II, III, or IV of section 

16 202(c) of the Controlled Substance Act’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(3) EVALUATION AND REPORTING.—Subject 

19 to subsection (g), a State receiving a grant under 

20 subsection (a) shall provide the Secretary with ag21 gregate data and other information determined by 

22 the Secretary to be necessary to enable the Sec23 retary— 

24 ‘‘(A) to evaluate the success of the State’s 

25 program in achieving its purposes; or 


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1 ‘‘(B) to prepare and submit the report to 

2 Congress required by subsection (k)(2). 

3 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A de4 partment, program, or administration receiving non5 identifiable information under paragraph (1)(D) 

6 may make such information available to other enti7 ties for research purposes.’’; 

8 (7) by redesignating subsections (h) through 

9 (n) as subsections (i) through (o), respectively; 

10 (8) in subsections (c)(1)(A)(iv) and (d)(4), by 

11 striking ‘‘subsection (h)’’ each place it appears and 

12 inserting ‘‘subsection (i)’’; 

13 (9) by inserting after subsection (g) the fol14 lowing: 

15 ‘‘(h) EDUCATION AND ACCESS TO THE MONITORING

16 SYSTEM.—A State receiving a grant under subsection (a) 

17 shall take steps to— 

18 ‘‘(1) facilitate prescriber use of the State’s con19 trolled substance monitoring system; and 

20 ‘‘(2) educate prescribers on the benefits of the 

21 system both to them and society.’’; 

22 (10) by amending subsection (l), as redesig23 nated, to read as follows: 

24 ‘‘(l) PREFERENCE.—Beginning 3 years after the date 

25 on which funds are first appropriated to carry out this 


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1 section, the Secretary, in awarding any competitive grant 

2 under title V that is related to drug abuse (as determined 

3 by the Secretary) and for which only States or tribes are 

4 eligible to apply, may give preference to eligible States 

5 with applications approved under this section, to eligible 

6 States or tribes with existing controlled substance moni7 toring programs that meet minimum requirements under 

8 this section, or to eligible States or tribes that put forth 

9 a good faith effort to meet those requirements (as deter10 mined by the Secretary).’’; 

11 (11) in subsection (m)(1), as redesignated, by 

12 striking ‘‘establishment, implementation, or improve13 ment’’ and inserting ‘‘establishment, improvement, 

14 or maintenance’’; 

15 (12) in subsection (n)(8), as redesignated, by 

16 striking ‘‘and the District of Columbia’’ and insert17 ing ‘‘, the District of Columbia, and any common18 wealth or territory of the United States’’; and 

19 (13) by amending subsection (o), as redesig20 nated, to read as follows: 

21 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—To 

22 carry out this section, there are authorized to be appro23 priated $7,000,000 for each of fiscal years 2014 through 

24 2018.’’. 

Æ 


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