IIB 

114TH CONGRESS 

1ST SESSION H. R. 1725 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2015 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

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

Service Act, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National All Schedules 

3 Prescription Electronic Reporting Reauthorization Act of 

4 2015’’. 

5 SEC. 2. AMENDMENT TO PURPOSE. 

6 Paragraph (1) of section 2 of the National All Sched7 ules Prescription Electronic Reporting Act of 2005 (Public 

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

9 ‘‘(1) foster the establishment of State-adminis10 tered controlled substance monitoring systems in 

11 order to ensure that— 

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

13 the accurate, timely prescription history infor14 mation that they may use as a tool for the early 

15 identification of patients at risk for addiction in 

16 order to initiate appropriate medical interven17 tions and avert the tragic personal, family, and 

18 community consequences of untreated addiction; 

19 and 

20 ‘‘(B) appropriate law enforcement, regu21 latory, and State professional licensing authori22 ties have access to prescription history informa23 tion for the purposes of investigating drug di24 version and prescribing and dispensing prac25 tices of errant prescribers or pharmacists; and’’. 


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1 SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONI2 TORING PROGRAM. 

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

4 U.S.C. 280g–3) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)— 

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

8 ‘‘or’’; 

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

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

11 and 

12 (iii) by adding at the end the fol13 lowing: 

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

15 State-controlled substance monitoring pro16 gram.’’; and 

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

18 Secretary’’ after ‘‘Grants awarded’’; 

19 (2) by amending subsection (b) to read as fol20 lows: 

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

22 shall maintain and, as appropriate, supplement or revise 

23 (after publishing proposed additions and revisions in the 

24 Federal Register and receiving public comments thereon) 

25 minimum requirements for criteria to be used by States 


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

2 (c)(1)(A).’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (1)(B)— 

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

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

7 ‘‘(a)(1)(B) or (a)(1)(C)’’; 

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

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

10 be improved or maintained’’; 

11 (iii) by redesignating clauses (iii) and 

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

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

14 following: 

15 ‘‘(iii) a plan to apply the latest ad16 vances in health information technology in 

17 order to incorporate prescription drug 

18 monitoring program data directly into the 

19 workflow of prescribers and dispensers to 

20 ensure timely access to patients’ controlled 

21 prescription drug history;’’; 

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

23 inserting before the semicolon at the end 

24 ‘‘and at least one health information tech25 nology system such as an electronic health 


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1 records system, a health information ex2 change, or an e-prescribing system’’; and 

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

4 striking ‘‘public health’’ and inserting 

5 ‘‘public health or public safety’’; 

6 (B) in paragraph (3)— 

7 (i) by striking ‘‘If a State that sub8 mits’’ and inserting the following: 

9 ‘‘(A) IN GENERAL.—If a State that sub10 mits’’; 

11 (ii) by striking the period at the end 

12 and inserting ‘‘and include timelines for 

13 full implementation of such interoper14 ability. The State shall also describe the 

15 manner in which it will achieve interoper16 ability between its monitoring program and 

17 health information technology systems, as 

18 allowable under State law, and include 

19 timelines for implementation of such inter20 operability.’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(B) MONITORING OF EFFORTS.—The 

24 Secretary shall monitor State efforts to achieve 


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1 interoperability, as described in subparagraph 

2 (A).’’; and 

3 (C) in paragraph (5)— 

4 (i) by striking ‘‘implement or im5 prove’’ and inserting ‘‘establish, improve, 

6 or maintain’’; and 

7 (ii) by adding at the end the fol8 lowing: ‘‘The Secretary shall redistribute 

9 any funds that are so returned among the 

10 remaining grantees under this section in 

11 accordance with the formula described in 

12 subsection (a)(2)(B).’’; 

13 (4) in subsection (d)— 

14 (A) in the matter preceding paragraph 

15 (1)— 

16 (i) by striking ‘‘In implementing or 

17 improving’’ and all that follows through 

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

19 improving, or maintaining a controlled sub20 stance monitoring program under this sec21 tion, a State shall comply, or with respect 

22 to a State that applies for a grant under 

23 subparagraph (B) or (C) of subsection 

24 (a)(1)’’; and 


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1 (ii) by striking ‘‘public health’’ and in2 serting ‘‘public health or public safety’’; 

3 and 

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

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

6 on— 

7 ‘‘(A) as appropriate, interoperability with 

8 the controlled substance monitoring programs 

9 of Federal departments and agencies; 

10 ‘‘(B) as appropriate, interoperability with 

11 health information technology systems such as 

12 electronic health records systems, health infor13 mation exchanges, and e-prescribing systems; 

14 and 

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

16 automatic, real-time or daily information about 

17 a patient when a practitioner (or the designee 

18 of a practitioner, where permitted) requests in19 formation about such patient.’’; 

20 (5) in subsections (e), (f)(1), and (g), by strik21 ing ‘‘implementing or improving’’ each place it ap22 pears and inserting ‘‘establishing, improving, or 

23 maintaining’’; 

24 (6) in subsection (f)— 

25 (A) in paragraph (1)— 


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

2 ‘‘misuse of a schedule II, III, or IV sub3 stance’’ and inserting ‘‘misuse of a con4 trolled substance included in schedule II, 

5 III, or IV of section 202(c) of the Con6 trolled Substance Act’’; and 

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

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

9 State health department,’’; and 

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

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

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

13 subsection (a) shall provide the Secretary with ag14 gregate data and other information determined by 

15 the Secretary to be necessary to enable the Sec16 retary— 

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

18 program in achieving its purposes; or 

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

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

21 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A de22 partment, program, or administration receiving non23 identifiable information under paragraph (1)(D) 

24 may make such information available to other enti25 ties for research purposes.’’; 


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1 (7) by redesignating subsections (h) through 

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

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

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

5 inserting ‘‘subsection (j)’’; 

6 (9) by inserting after subsection (g) the fol7 lowing: 

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

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

10 shall take steps to— 

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

12 the State’s controlled substance monitoring system; 

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

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

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

16 abuse agency and substance abuse disorder services. 

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

18 In carrying out this section, the Secretary shall consult 

19 with the Attorney General of the United States and other 

20 relevant Federal officials to— 

21 ‘‘(1) ensure maximum coordination of controlled 

22 substance monitoring programs and related activi23 ties; and 

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


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

2 paragraph (7)— 

3 (A) in clause (ii), by inserting ‘‘; estab4 lished or strengthened initiatives to ensure link5 ages to substance use disorder services;’’ before 

6 ‘‘or affected patient access’’; and 

7 (B) in clause (iii), by inserting ‘‘and be8 tween controlled substance monitoring pro9 grams and health information technology sys10 tems’’ before ‘‘, including an assessment’’; 

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

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

13 (12) by redesignating subsections (n) through 

14 (p), as redesignated by paragraph (7), as sub15 sections (m) through (o), respectively; 

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

17 paragraph (12), by striking ‘‘establishment, imple18 mentation, or improvement’’ and inserting ‘‘estab19 lishment, improvement, or maintenance’’; 

20 (14) in subsection (n), as redesignated by para21 graph (12)— 

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 


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1 appropriated $10,000,000 for each of fiscal years from 

2 2016 through 2020.’’. 

Passed the House of Representatives September 8, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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