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Union Calendar No. 186 

114TH CONGRESS 

1ST SESSION H. R. 1725 

[Report No. 114–245] 

To amend and reauthorize the controlled substance monitoring program under 

section 399O of the Public Health Service Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2015 

Mr. WHITFIELD (for himself, Mr. KENNEDY, Mr. BUCSHON, and Mr. PALLONE) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

SEPTEMBER 8, 2015 

Additional sponsors: Mr. BURGESS, Ms. CLARK of Massachusetts, Mr. 

MCGOVERN, Mr. BILIRAKIS, Mr. JOHNSON of Ohio, Ms. MATSUI, Mr. 

KEATING, Mr. MOULTON, Ms. KUSTER, and Mrs. COMSTOCK

SEPTEMBER 8, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health 

Service Act, and for other purposes. 


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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 2015’’. 

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: 

11 ‘‘(1) foster the establishment of State-adminis12 tered controlled substance monitoring systems in 

13 order to ensure that— 

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

15 the accurate, timely prescription history infor16 mation that they may use as a tool for the early 

17 identification of patients at risk for addiction in 

18 order to initiate appropriate medical interven19 tions and avert the tragic personal, family, and 

20 community consequences of untreated addiction; 

21 and 

22 ‘‘(B) appropriate law enforcement, regu23 latory, and State professional licensing authori24 ties have access to prescription history informa25 tion for the purposes of investigating drug diVerDate Sep 11 2014 01:20 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1725.RH H1725

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1 version and prescribing and dispensing prac2 tices of errant prescribers or pharmacists; and’’. 

3 SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONI4 TORING PROGRAM. 

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

6 U.S.C. 280g–3) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘or’’; 

11 (ii) in subparagraph (B), by striking 

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

13 and 

14 (iii) by adding at the end the fol15 lowing: 

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

17 State-controlled substance monitoring pro18 gram.’’; and 

19 (B) in paragraph (3), by inserting ‘‘by the 

20 Secretary’’ after ‘‘Grants awarded’’; 

21 (2) by amending subsection (b) to read as fol22 lows: 

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

24 shall maintain and, as appropriate, supplement or revise 

25 (after publishing proposed additions and revisions in the 


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1 Federal Register and receiving public comments thereon) 

2 minimum requirements for criteria to be used by States 

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

4 (c)(1)(A).’’; 

5 (3) in subsection (c)— 

6 (A) in paragraph (1)(B)— 

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

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

9 ‘‘(a)(1)(B) or (a)(1)(C)’’; 

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

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

12 be improved or maintained’’; 

13 (iii) by redesignating clauses (iii) and 

14 (iv) as clauses (iv) and (v), respectively; 

15 (iv) by inserting after clause (ii) the 

16 following: 

17 ‘‘(iii) a plan to apply the latest ad18 vances in health information technology in 

19 order to incorporate prescription drug 

20 monitoring program data directly into the 

21 workflow of prescribers and dispensers to 

22 ensure timely access to patients’ controlled 

23 prescription drug history;’’; 

24 (v) in clause (iv), as redesignated, by 

25 inserting before the semicolon at the end 


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1 ‘‘and at least one health information tech2 nology system such as an electronic health 

3 records system, a health information ex4 change, or an e-prescribing system’’; and 

5 (vi) in clause (v), as redesignated, by 

6 striking ‘‘public health’’ and inserting 

7 ‘‘public health or public safety’’; 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘If a State that sub10 mits’’ and inserting the following: 

11 ‘‘(A) IN GENERAL.—If a State that sub12 mits’’; 

13 (ii) by striking the period at the end 

14 and inserting ‘‘and include timelines for 

15 full implementation of such interoper16 ability. The State shall also describe the 

17 manner in which it will achieve interoper18 ability between its monitoring program and 

19 health information technology systems, as 

20 allowable under State law, and include 

21 timelines for implementation of such inter22 operability.’’; and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(B) MONITORING OF EFFORTS.—The 

2 Secretary shall monitor State efforts to achieve 

3 interoperability, as described in subparagraph 

4 (A).’’; 

5 (C) in paragraph (5)— 

6 (i) by striking ‘‘implement or im7 prove’’ and inserting ‘‘establish, improve, 

8 or maintain’’; and 

9 (ii) by adding at the end the fol10 lowing: ‘‘The Secretary shall redistribute 

11 any funds that are so returned among the 

12 remaining grantees under this section in 

13 accordance with the formula described in 

14 subsection (a)(2)(B).’’; 

15 (4) in subsection (d)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

18 (i) by striking ‘‘In implementing or 

19 improving’’ and all that follows through 

20 ‘‘(a)(1)(B)’’ and inserting ‘‘In establishing, 

21 improving, or maintaining a controlled sub22 stance monitoring program under this sec23 tion, a State shall comply, or with respect 

24 to a State that applies for a grant under 


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1 subparagraph (B) or (C) of subsection 

2 (a)(1)’’; and 

3 (ii) by striking ‘‘public health’’ and in4 serting ‘‘public health or public safety’’; 

5 and 

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

7 ‘‘(5) The State shall report to the Secretary 

8 on— 

9 ‘‘(A) as appropriate, interoperability with 

10 the controlled substance monitoring programs 

11 of Federal departments and agencies; 

12 ‘‘(B) as appropriate, interoperability with 

13 health information technology systems such as 

14 electronic health records systems, health infor15 mation exchanges, and e-prescribing systems; 

16 and 

17 ‘‘(C) whether or not the State provides 

18 automatic, real-time or daily information about 

19 a patient when a practitioner (or the designee 

20 of a practitioner, where permitted) requests in21 formation about such patient.’’; 

22 (5) in subsections (e), (f)(1), and (g), by strik23 ing ‘‘implementing or improving’’ each place it ap24 pears and inserting ‘‘establishing, improving, or 

25 maintaining’’; 


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1 (6) in subsection (f)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (B), by striking 

4 ‘‘misuse of a schedule II, III, or IV sub5 stance’’ and inserting ‘‘misuse of a con6 trolled substance included in schedule II, 

7 III, or IV of section 202(c) of the Con8 trolled Substance Act’’; and 

9 (ii) in subparagraph (D), by inserting 

10 ‘‘a State substance abuse agency,’’ after ‘‘a 

11 State health department,’’; and 

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

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

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

15 subsection (a) shall provide the Secretary with ag16 gregate data and other information determined by 

17 the Secretary to be necessary to enable the Sec18 retary— 

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

20 program in achieving its purposes; or 

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

22 Congress required by subsection (l)(2). 

23 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A de24 partment, program, or administration receiving non25 identifiable information under paragraph (1)(D) 


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1 may make such information available to other enti2 ties for research purposes.’’; 

3 (7) by redesignating subsections (h) through 

4 (n) as subsections (j) through (p), respectively; 

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

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

7 inserting ‘‘subsection (j)’’; 

8 (9) by inserting after subsection (g) the fol9 lowing: 

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

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

12 shall take steps to— 

13 ‘‘(1) facilitate prescriber and dispenser use of 

14 the State’s controlled substance monitoring system; 

15 ‘‘(2) educate prescribers and dispensers on the 

16 benefits of the system both to them and society; and 

17 ‘‘(3) facilitate linkage to the State substance 

18 abuse agency and substance abuse disorder services. 

19 ‘‘(i) CONSULTATION WITH ATTORNEY GENERAL.— 

20 In carrying out this section, the Secretary shall consult 

21 with the Attorney General of the United States and other 

22 relevant Federal officials to— 

23 ‘‘(1) ensure maximum coordination of controlled 

24 substance monitoring programs and related activi25 ties; and 


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1 ‘‘(2) minimize duplicative efforts and funding.’’; 

2 (10) in subsection (l)(2)(A), as redesignated by 

3 paragraph (7)— 

4 (A) in clause (ii), by inserting ‘‘; estab5 lished or strengthened initiatives to ensure link6 ages to substance use disorder services;’’ before 

7 ‘‘or affected patient access’’; and 

8 (B) in clause (iii), by inserting ‘‘and be9 tween controlled substance monitoring pro10 grams and health information technology sys11 tems,’’ before ‘‘, including an assessment’’; 

12 (11) by striking subsection (m) (relating to 

13 preference), as redesignated by paragraph (7); 

14 (12) by redesignating subsections (m) through 

15 (o), as redesignated by paragraph (7), as subsections 

16 (l) through (o), respectively; 

17 (13) in subsection (m)(1), as redesignated by 

18 paragraph (12), by striking ‘‘establishment, imple19 mentation, or improvement’’ and inserting ‘‘estab20 lishment, improvement, or maintenance’’; 

21 (14) in subsection (n)— 

22 (A) in paragraph (5)— 

23 (i) by striking ‘‘means the ability’’ 

24 and inserting the following: ‘‘means— 

25 ‘‘(A) the ability’’; 


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1 (ii) by striking the period at the end 

2 and inserting ‘‘; or’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(B) sharing of State controlled substance 

6 monitoring program information with a health 

7 information technology system such as an elec8 tronic health records system, a health informa9 tion exchange, or an e-prescribing system.’’; 

10 (B) in paragraph (7), by striking ‘‘phar11 macy’’ and inserting ‘‘pharmacist’’; and 

12 (C) in paragraph (8), by striking ‘‘and the 

13 District of Columbia’’ and inserting ‘‘, the Dis14 trict of Columbia, and any commonwealth or 

15 territory of the United States’’; and 

16 (15) by amending subsection (o), as redesig17 nated by paragraph (12), to read as follows: 

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

19 carry out this section, there is authorized to be appro20 priated $10,000,000 for each of fiscal years from 2016 

21 through 2020.’’. 


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Union Calendar No. 186 

114TH CONGRESS 

1ST SESSION H. R. 1725 

[Report No. 114–245] 

A BILL 

To amend and reauthorize the controlled substance 

poses. Public Health Service Act, and for other purmonitoring program under section 399O of the 

SEPTEMBER 8, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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