I 

111TH CONGRESS 

2D SESSION H. R. 5710 

To amend and reauthorize the controlled substance monitoring program under 

section 399O of the Public Health Service Act. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2010 

Mr. WHITFIELD (for himself, Mr. PALLONE, Mr. SHIMKUS, Mr. STUPAK, Mr. 

ROGERS of Michigan, Mr. GENE GREEN of Texas, Mrs. BLACKBURN, 

Mrs. CHRISTENSEN, Mr. RADANOVICH, Mrs. MALONEY, Mr. BISHOP of 

Georgia, Mr. WILSON of Ohio, Mr. GINGREY of Georgia, Mr. GORDON of 

Tennessee, Mr. KAGEN, Mr. PITTS, and Mr. GONZALEZ) 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 2010’’. 


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1 SEC. 2. AMENDMENT TO PURPOSE. 

2 Paragraph (1) of section 2 of the National All Sched3 ules Prescription Electronic Reporting Act of 2005 (Public 

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

5 ‘‘(1) foster the establishment of State-adminis6 tered controlled substance monitoring systems in 

7 order to ensure that— 

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

9 the accurate, timely prescription history infor10 mation that they may use as a tool for the early 

11 identification of patients at risk for addiction in 

12 order to initiate appropriate medical interven13 tions and avert the tragic personal, family, and 

14 community consequences of untreated addiction; 

15 and 

16 ‘‘(B) appropriate law enforcement, regu17 latory, and State professional licensing authori18 ties have access to prescription history informa19 tion for the purposes of investigating drug di20 version and prescribing and dispensing prac21 tices of errant prescribers or pharmacists; and’’. 

22 SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONI23 TORING PROGRAM. 

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

25 U.S.C. 280g–3) is amended— 

26 (1) in subsection (a)(1)— 


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

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

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

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

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

6 State controlled substance monitoring pro7 gram.’’; 

8 (2) by amending subsection (b) to read as fol9 lows: 

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

11 shall maintain and, as appropriate, supplement or revise 

12 (after publishing proposed additions and revisions in the 

13 Federal Register and receiving public comments thereon) 

14 minimum requirements for criteria to be used by States 

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

16 (c)(1)(A).’’; 

17 (3) in subsection (c)— 

18 (A) in paragraph (1)(B)— 

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

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

21 ‘‘(a)(1)(B) or (a)(1)(C)’’; 

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

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

24 be improved or maintained’’; and 


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

2 health’’ and inserting ‘‘public health or 

3 public safety’’; 

4 (B) in paragraph (3)— 

5 (i) by striking ‘‘If a State that sub6 mits’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—If a State that sub8 mits’’; 

9 (ii) by inserting before the period at 

10 the end ‘‘and include timelines for full im11 plementation of such interoperability’’; and 

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

14 ‘‘(B) MONITORING OF EFFORTS.—The 

15 Secretary shall monitor State efforts to achieve 

16 interoperability, as described in subparagraph 

17 (A).’’; 

18 (C) in paragraph (5)— 

19 (i) by striking ‘‘implement or im20 prove’’ and inserting ‘‘establish, improve, 

21 or maintain’’; and 

22 (ii) by adding at the end the fol23 lowing: ‘‘The Secretary shall redistribute 

24 any funds that are so returned among the 

25 remaining grantees under this section in 


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1 accordance with the formula described in 

2 subsection (a)(2)(B).’’; 

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

4 subsection (d), by striking ‘‘In implementing or im5 proving’’ all that follows through ‘‘with the fol6 lowing:’’ and inserting ‘‘In establishing, improving, 

7 or maintaining a controlled substance monitoring 

8 program under this section, a State shall comply, or 

9 with respect to a State that applies for a grant 

10 under subsection (a)(1)(B) or (C) submit to the Sec11 retary for approval a statement of why such compli12 ance is not feasible and a plan for bringing the State 

13 into compliance, with the following:’’; 

14 (5) in subsections (e), (f)(1), and (g), by strik15 ing ‘‘implementing or improving’’ each place it ap16 pears and inserting ‘‘establishing, improving, or 

17 maintaining’’; 

18 (6) in subsection (f)— 

19 (A) in paragraph (1)(B) by striking ‘‘mis20 use of a schedule II, III, or IV substance’’ and 

21 inserting ‘‘misuse of a controlled substance in22 cluded in schedule II, III, or IV of section 

23 202(c) of the Controlled Substance Act’’; and 

24 (B) add at the end the following: 


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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— 


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

6 striking ‘‘establishment, implementation, or improve7 ment’’ and inserting ‘‘establishment, improvement, 

8 or maintenance’’; 

9 (11) in subsection (n)(8), as redesignated, by 

10 striking ‘‘and the District of Columbia’’ and insert11 ing ‘‘, the District of Columbia, and any common12 wealth or territory of the United States’’; and 

13 (12) by amending subsection (o), as redesig14 nated, to read as follows: 

15 ‘‘(o) AUTHORIZATION OF APPROPRIATION.—To carry 

16 out this section, there are authorized to be appropriated 

17 $15,000,000 for fiscal year 2011 and $10,000,000 for 

18 each of fiscal years 2012 through 2015.’’. 

Æ 


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