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Union Calendar No. 358 

111TH CONGRESS 

2D SESSION H. R. 5710 

[Report No. 111–616] 

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 

SEPTEMBER 22, 2010 

Additional sponsors: Mr. PAULSEN and Mr. SCHOCK

SEPTEMBER 22, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 1, 2010] 


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A BILL 

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

Service Act. 


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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 2010’’. 

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 the 

15 accurate, timely prescription history information 

16 that they may use as a tool for the early identi17 fication of patients at risk for addiction in order 

18 to initiate appropriate medical interventions 

19 and avert the tragic personal, family, and com20 munity consequences of untreated addiction; and 

21 ‘‘(B) appropriate law enforcement, regu22 latory, and State professional licensing authori23 ties have access to prescription history informa24 tion for the purposes of investigating drug diverVerDate Mar 15 2010 21:46 Sep 22, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H5710.RH H5710

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1 sion and prescribing and dispensing practices of 

2 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)(1)— 

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

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

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

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

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

13 State-controlled substance monitoring program.’’; 

14 (2) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) MINIMUM REQUIREMENTS.—The Secretary shall 

17 maintain and, as appropriate, supplement or revise (after 

18 publishing proposed additions and revisions in the Federal 

19 Register and receiving public comments thereon) minimum 

20 requirements for criteria to be used by States for purposes 

21 of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).’’; 

22 (3) in subsection (c)— 

23 (A) in paragraph (1)(B)— 


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

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

3 ‘‘(a)(1)(B) or (a)(1)(C)’’; 

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

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

6 be improved or maintained’’; and 

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

8 health’’ and inserting ‘‘public health or pub9 lic safety’’; 

10 (B) in paragraph (3)— 

11 (i) by striking ‘‘If a State that sub12 mits’’ and inserting the following: 

13 ‘‘(A) IN GENERAL.—If a State that sub14 mits’’; 

15 (ii) by inserting before the period at 

16 the end ‘‘and include timelines for full im17 plementation of such interoperability’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(B) MONITORING OF EFFORTS.—The Sec21 retary shall monitor State efforts to achieve 

22 interoperability, as described in subparagraph 

23 (A).’’; 

24 (C) in paragraph (5)— 


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1 (i) by striking ‘‘implement or im2 prove’’ and inserting ‘‘establish, improve, or 

3 maintain’’; and 

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

5 ‘‘The Secretary shall redistribute any funds 

6 that are so returned among the remaining 

7 grantees under this section in accordance 

8 with the formula described in subsection 

9 (a)(2)(B).’’; 

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

11 subsection (d), by striking ‘‘In implementing or im12 proving’’ and all that follows through ‘‘(a)(1)(B)’’ 

13 and inserting ‘‘In establishing, improving, or main14 taining a controlled substance monitoring program 

15 under this section, a State shall comply, or with re16 spect to a State that applies for a grant under sub17 paragraph (B) or (C) of subsection (a)(1)’’; 

18 (5) in subsections (e), (f)(1), and (g), by striking 

19 ‘‘implementing or improving’’ each place it appears 

20 and inserting ‘‘establishing, improving, or maintain21 ing’’; 

22 (6) in subsection (f)— 

23 (A) in paragraph (1)(B) by striking ‘‘mis24 use of a schedule II, III, or IV substance’’ and 

25 inserting ‘‘misuse of a controlled substance inVerDate Mar 15 2010 21:46 Sep 22, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5710.RH H5710

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1 cluded in schedule II, III, or IV of section 202(c) 

2 of the Controlled Substance Act’’; and 

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

4 ‘‘(3) EVALUATION AND REPORTING.—Subject to 

5 subsection (g), a State receiving a grant under sub6 section (a) shall provide the Secretary with aggregate 

7 data and other information determined by the Sec8 retary to be necessary to enable the Secretary— 

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

10 program in achieving its purposes; or 

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

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

13 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A depart14 ment, program, or administration receiving non15 identifiable information under paragraph (1)(D) may 

16 make such information available to other entities for 

17 research purposes.’’; 

18 (7) by redesignating subsections (h) through (n) 

19 as subsections (i) through (o), respectively; 

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

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

22 inserting ‘‘subsection (i)’’; 

23 (9) by inserting after subsection (g) the fol24 lowing: 


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

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

3 shall take steps to— 

4 ‘‘(1) facilitate prescriber use of the State’s con5 trolled substance monitoring system; and 

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

7 system both to them and society.’’; 

8 (10) by amending subsection (l), as redesignated, 

9 to read as follows: 

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

11 on which funds are first appropriated to carry out this sec12 tion, the Secretary, in awarding any competitive grant 

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

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

15 eligible to apply, may give preference to eligible States with 

16 applications approved under this section, to eligible States 

17 or tribes with existing controlled substance monitoring pro18 grams that meet minimum requirements under this section, 

19 or to eligible States or tribes that put forth a good faith 

20 effort to meet those requirements (as determined by the Sec21 retary).’’. 

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

23 striking ‘‘establishment, implementation, or improve24 ment’’ and inserting ‘‘establishment, improvement, or 

25 maintenance’’; 


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

2 striking ‘‘and the District of Columbia’’ and inserting 

3 ‘‘, the District of Columbia, and any commonwealth 

4 or territory of the United States’’; and 

5 (13) by amending subsection (o), as redesignated, 

6 to read as follows: 

7 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—To carry 

8 out this section, there are authorized to be appropriated 

9 $15,000,000 for fiscal year 2011 and $10,000,000 for each 

10 of fiscal years 2012 and 2013.’’. 


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Union Calendar No. 358 

111TH CONGRESS 

2D SESSION H. R. 5710 

[Report No. 111–616] 

A BILL 

To amend and reauthorize the controlled substance 

Public Health Service Act. monitoring program under section 399O of the 

SEPTEMBER 22, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSKHWCL6B1PROD with BILLS