```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5710 Referred in Senate (RFS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National All Schedules Prescription 
Electronic Reporting Reauthorization Act of 2010''.

SEC. 2. AMENDMENT TO PURPOSE.

    Paragraph (1) of section 2 of the National All Schedules 
Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is 
amended to read as follows:
            ``(1) foster the establishment of State-administered 
        controlled substance monitoring systems in order to ensure 
        that--
                    ``(A) health care providers have access to the 
                accurate, timely prescription history information that 
                they may use as a tool for the early identification of 
                patients at risk for addiction in order to initiate 
                appropriate medical interventions and avert the tragic 
                personal, family, and community consequences of 
                untreated addiction; and
                    ``(B) appropriate law enforcement, regulatory, and 
                State professional licensing authorities have access to 
                prescription history information for the purposes of 
                investigating drug diversion and prescribing and 
                dispensing practices of errant prescribers or 
                pharmacists; and''.

SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM.

    Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``or'';
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) to maintain and operate an existing State-
                controlled substance monitoring program.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Minimum Requirements.--The Secretary shall maintain and, as 
appropriate, supplement or revise (after publishing proposed additions 
and revisions in the Federal Register and receiving public comments 
thereon) minimum requirements for criteria to be used by States for 
purposes of clauses (ii), (v), (vi), and (vii) of subsection 
(c)(1)(A).'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``(a)(1)(B)'' and inserting 
                        ``(a)(1)(B) or (a)(1)(C)'';
                            (ii) in clause (i), by striking ``program 
                        to be improved'' and inserting ``program to be 
                        improved or maintained''; and
                            (iii) in clause (iv), by striking ``public 
                        health'' and inserting ``public health or 
                        public safety'';
                    (B) in paragraph (3)--
                            (i) by striking ``If a State that submits'' 
                        and inserting the following:
                    ``(A) In general.--If a State that submits'';
                            (ii) by inserting before the period at the 
                        end ``and include timelines for full 
                        implementation of such interoperability''; and
                            (iii) by adding at the end the following:
                    ``(B) Monitoring of efforts.--The Secretary shall 
                monitor State efforts to achieve interoperability, as 
                described in subparagraph (A).'';
                    (C) in paragraph (5)--
                            (i) by striking ``implement or improve'' 
                        and inserting ``establish, improve, or 
                        maintain''; and
                            (ii) by adding at the end the following: 
                        ``The Secretary shall redistribute any funds 
                        that are so returned among the remaining 
                        grantees under this section in accordance with 
                        the formula described in subsection 
                        (a)(2)(B).'';
            (4) in the matter preceding paragraph (1) in subsection 
        (d), by striking ``In implementing or improving'' and all that 
        follows through ``(a)(1)(B)'' and inserting ``In establishing, 
        improving, or maintaining a controlled substance monitoring 
        program under this section, a State shall comply, or with 
        respect to a State that applies for a grant under subparagraph 
        (B) or (C) of subsection (a)(1)'';
            (5) in subsections (e), (f)(1), and (g), by striking 
        ``implementing or improving'' each place it appears and 
        inserting ``establishing, improving, or maintaining'';
            (6) in subsection (f)--
                    (A) in paragraph (1)(B) by striking ``misuse of a 
                schedule II, III, or IV substance'' and inserting 
                ``misuse of a controlled substance included in schedule 
                II, III, or IV of section 202(c) of the Controlled 
                Substance Act''; and
                    (B) by adding at the end the following:
            ``(3) Evaluation and reporting.--Subject to subsection (g), 
        a State receiving a grant under subsection (a) shall provide 
        the Secretary with aggregate data and other information 
        determined by the Secretary to be necessary to enable the 
        Secretary--
                    ``(A) to evaluate the success of the State's 
                program in achieving its purposes; or
                    ``(B) to prepare and submit the report to Congress 
                required by subsection (k)(2).
            ``(4) Research by other entities.--A department, program, 
        or administration receiving nonidentifiable information under 
        paragraph (1)(D) may make such information available to other 
        entities for research purposes.'';
            (7) by redesignating subsections (h) through (n) as 
        subsections (i) through (o), respectively;
            (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking 
        ``subsection (h)'' each place it appears and inserting 
        ``subsection (i)'';
            (9) by inserting after subsection (g) the following:
    ``(h) Education and Access to the Monitoring System.--A State 
receiving a grant under subsection (a) shall take steps to--
            ``(1) facilitate prescriber use of the State's controlled 
        substance monitoring system; and
            ``(2) educate prescribers on the benefits of the system 
        both to them and society.'';
            (10) by amending subsection (l), as redesignated, to read 
        as follows:
    ``(l) Preference.--Beginning 3 years after the date on which funds 
are first appropriated to carry out this section, the Secretary, in 
awarding any competitive grant under title V that is related to drug 
abuse (as determined by the Secretary) and for which only States or 
tribes are eligible to apply, may give preference to eligible States 
with applications approved under this section, to eligible States or 
tribes with existing controlled substance monitoring programs that meet 
minimum requirements under this section, or to eligible States or 
tribes that put forth a good faith effort to meet those requirements 
(as determined by the Secretary).''.
            (11) in subsection (m)(1), as redesignated, by striking 
        ``establishment, implementation, or improvement'' and inserting 
        ``establishment, improvement, or maintenance'';
            (12) in subsection (n)(8), as redesignated, by striking 
        ``and the District of Columbia'' and inserting ``, the District 
        of Columbia, and any commonwealth or territory of the United 
        States''; and
            (13) by amending subsection (o), as redesignated, to read 
        as follows:
    ``(o) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $15,000,000 for fiscal year 
2011 and $10,000,000 for each of fiscal years 2012 and 2013.''.

            Passed the House of Representatives September 23, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```