I 

115TH CONGRESS 

1ST SESSION H. R. 1854 

To require the use of prescription drug monitoring programs and to facilitate 

information sharing among States. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2017 

Mr. JENKINS of West Virginia (for himself and Mr. RYAN of Ohio) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the use of prescription drug monitoring programs 

and to facilitate information sharing among States. 

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 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CONTROLLED SUBSTANCE.—The term 

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

3 term in section 102 of the Controlled Substances 

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

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

6 State’’ means a State that receives funding under 

7 the Harold Rogers Prescription Drug Monitoring 

8 Program established under the Departments of 

9 Commerce, Justice, and State, the Judiciary, and 

10 Related Agencies Appropriations Act, 2002 (Public 

11 Law 107–77; 115 Stat. 748) or the controlled sub12 stance monitoring program under section 399O of 

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

14 (3) DISPENSER.—The term ‘‘dispenser’’— 

15 (A) means person licensed or otherwise au16 thorized by a State to deliver a prescription 

17 drug product to a patient or an agent of the pa18 tient; and 

19 (B) does not include a person involved in 

20 oversight or payment for prescription drugs. 

21 (4) PDMP.—The term ‘‘PDMP’’ means a pre22 scription drug monitoring program. 

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

24 means a practitioner registered under section 303(f) 

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


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1 to prescribe, administer, or dispense controlled sub2 stances. 

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

4 the several States and the District of Columbia. 

5 SEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM RE6 QUIREMENTS. 

7 (a) IN GENERAL.—Beginning 2 years after the date 

8 of enactment of this Act, each covered State shall re9 quire— 

10 (1) each prescribing practitioner within the cov11 ered State or their designee, who shall be licensed or 

12 registered healthcare professionals or other employ13 ees who report directly to the practitioner, to consult 

14 the PDMP of the covered State before initiating 

15 treatment with a prescription for a controlled sub16 stance listed in schedule II, III, or IV of section 

17 202(c) of the Controlled Substances Act (21 U.S.C. 

18 812(c)), and every 3 months thereafter as long as 

19 the treatment continues; 

20 (2) the PDMP of the covered State to provide 

21 proactive notification to a practitioner when patterns 

22 indicative of controlled substance misuse, including 

23 opioid misuse, are detected; 

24 (3) each dispenser within the covered State to 

25 report each prescription for a controlled substance 


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1 dispensed by the dispenser to the PDMP not later 

2 than 24 hours after the controlled substance is dis3 pensed to the patient; 

4 (4) that the PDMP make available a quarterly 

5 de-identified data set and an annual report for pub6 lic and private use, which shall, at a minimum, meet 

7 requirements established by the Attorney General, in 

8 coordination with the Secretary of Health and 

9 Human Services; and 

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

11 covered State is made available to other States. 

12 (b) NONCOMPLIANCE.—If a covered State fails to 

13 comply with subsection (a), the Attorney General or the 

14 Secretary of Health and Human Services, as appropriate, 

15 may withhold grant funds from being awarded to the cov16 ered State under the Harold Rogers Prescription Drug 

17 Monitoring Program established under the Departments 

18 of Commerce, Justice, and State, the Judiciary, and Re19 lated Agencies Appropriations Act, 2002 (Public Law 

20 107–77; 115 Stat. 748) or the controlled substance moni21 toring program under section 399O of the Public Health 

22 Service Act (42 U.S.C. 280g–3). 

23 (c) DATA-SHARING SINGLE TECHNOLOGY SOLU24 TION.— 


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1 (1) IN GENERAL.—For the purpose of assisting 

2 States in complying with subsection (a)(5), the At3 torney General, in coordination with the Secretary of 

4 Health and Human Services, acting through the 

5 Comprehensive Opioid Abuse Grant Program estab6 lished under section 3021 of title I of the Omnibus 

7 Crime Control and Safe Streets Act of 1968 (42 

8 U.S.C. 3797ff), shall award, on a competitive basis, 

9 a grant to an eligible entity to establish and main10 tain an inter-State data-sharing single hub to facili11 tate the sharing of PDMP data among States and 

12 the accessing of such data by practitioners. 

13 (2) REQUIREMENTS.—The data-sharing single 

14 hub established under paragraph (1)— 

15 (A) shall— 

16 (i) allow States to retain ownership of 

17 the data submitted by the States; 

18 (ii) provide a source of de-identified 

19 data that can be used for statistical, re20 search, or educational purposes; 

21 (iii) allow State authorized users to 

22 access data from a PDMP of a covered 

23 State without requiring a user fee; and 


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1 (iv) conform with the standards of the 

2 Prescription Monitoring Information Ex3 change; and 

4 (B) may not— 

5 (i) distribute, in whole or in part, any 

6 PDMP data without the express written 

7 consent of the PDMP State authority; and 

8 (ii) limit, in whole or in part, distribu9 tion of PDMP data as approved by the 

10 PDMP State authority. 

Æ 


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