IIB 

111TH CONGRESS 

2D SESSION H. R. 5710 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2010 

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. 

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


emcdonald on DSK2BSOYB1PROD with BILLS
2 

HR 5710 RFS

1 SECTION 1. SHORT TITLE. 

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

3 Prescription Electronic Reporting Reauthorization Act of 

4 2010’’. 

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’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

HR 5710 RFS

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)(1)— 

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

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

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

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

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

11 State-controlled substance monitoring pro12 gram.’’; 

13 (2) by amending subsection (b) to read as fol14 lows: 

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

16 shall maintain and, as appropriate, supplement or revise 

17 (after publishing proposed additions and revisions in the 

18 Federal Register and receiving public comments thereon) 

19 minimum requirements for criteria to be used by States 

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

21 (c)(1)(A).’’; 

22 (3) in subsection (c)— 

23 (A) in paragraph (1)(B)— 

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

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

26 ‘‘(a)(1)(B) or (a)(1)(C)’’; 


emcdonald on DSK2BSOYB1PROD with BILLS
4 

HR 5710 RFS

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

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

3 be improved or maintained’’; and 

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

5 health’’ and inserting ‘‘public health or 

6 public safety’’; 

7 (B) in paragraph (3)— 

8 (i) by striking ‘‘If a State that sub9 mits’’ and inserting the following: 

10 ‘‘(A) IN GENERAL.—If a State that sub11 mits’’; 

12 (ii) by inserting before the period at 

13 the end ‘‘and include timelines for full im14 plementation of such interoperability’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(B) MONITORING OF EFFORTS.—The 

18 Secretary shall monitor State efforts to achieve 

19 interoperability, as described in subparagraph 

20 (A).’’; 

21 (C) in paragraph (5)— 

22 (i) by striking ‘‘implement or im23 prove’’ and inserting ‘‘establish, improve, 

24 or maintain’’; and 


emcdonald on DSK2BSOYB1PROD with BILLS
5 

HR 5710 RFS

1 (ii) by adding at the end the fol2 lowing: ‘‘The Secretary shall redistribute 

3 any funds that are so returned among the 

4 remaining grantees under this section in 

5 accordance with the formula described in 

6 subsection (a)(2)(B).’’; 

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

8 subsection (d), by striking ‘‘In implementing or im9 proving’’ and all that follows through ‘‘(a)(1)(B)’’ 

10 and inserting ‘‘In establishing, improving, or main11 taining a controlled substance monitoring program 

12 under this section, a State shall comply, or with re13 spect to a State that applies for a grant under sub14 paragraph (B) or (C) of subsection (a)(1)’’; 

15 (5) in subsections (e), (f)(1), and (g), by strik16 ing ‘‘implementing or improving’’ each place it ap17 pears and inserting ‘‘establishing, improving, or 

18 maintaining’’; 

19 (6) in subsection (f)— 

20 (A) in paragraph (1)(B) by striking ‘‘mis21 use of a schedule II, III, or IV substance’’ and 

22 inserting ‘‘misuse of a controlled substance in23 cluded in schedule II, III, or IV of section 

24 202(c) of the Controlled Substance Act’’; and 

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


emcdonald on DSK2BSOYB1PROD with BILLS
6 

HR 5710 RFS

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

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

3 subsection (a) shall provide the Secretary with ag4 gregate data and other information determined by 

5 the Secretary to be necessary to enable the Sec6 retary— 

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

8 program in achieving its purposes; or 

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

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

11 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A de12 partment, program, or administration receiving non13 identifiable information under paragraph (1)(D) 

14 may make such information available to other enti15 ties for research purposes.’’; 

16 (7) by redesignating subsections (h) through 

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

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

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

20 inserting ‘‘subsection (i)’’; 

21 (9) by inserting after subsection (g) the fol22 lowing: 

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

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

25 shall take steps to— 


emcdonald on DSK2BSOYB1PROD with BILLS
7 

HR 5710 RFS

1 ‘‘(1) facilitate prescriber use of the State’s con2 trolled substance monitoring system; and 

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

4 system both to them and society.’’; 

5 (10) by amending subsection (l), as redesig6 nated, to read as follows: 

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

8 on which funds are first appropriated to carry out this 

9 section, the Secretary, in awarding any competitive grant 

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

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

12 eligible to apply, may give preference to eligible States 

13 with applications approved under this section, to eligible 

14 States or tribes with existing controlled substance moni15 toring programs that meet minimum requirements under 

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

17 a good faith effort to meet those requirements (as deter18 mined by the Secretary).’’. 

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

20 striking ‘‘establishment, implementation, or improve21 ment’’ and inserting ‘‘establishment, improvement, 

22 or maintenance’’; 

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

24 striking ‘‘and the District of Columbia’’ and insertVerDate Mar 15 2010 22:01 Sep 24, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5710.RFS H5710

emcdonald on DSK2BSOYB1PROD with BILLS
8 

HR 5710 RFS

1 ing ‘‘, the District of Columbia, and any common2 wealth or territory of the United States’’; and 

3 (13) by amending subsection (o), as redesig4 nated, to read as follows: 

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

6 carry out this section, there are authorized to be appro7 priated $15,000,000 for fiscal year 2011 and $10,000,000 

8 for each of fiscal years 2012 and 2013.’’. 

Passed the House of Representatives September 23, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


emcdonald on DSK2BSOYB1PROD with BILLS