I 

115TH CONGRESS 

2D SESSION H. R. 5591 

To amend title 10, United States Code, to direct the Secretary of Defense 

to establish a prescription drug monitoring program. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2018 

Mr. TURNER (for himself and Mr. MOULTON) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to direct the Secretary of Defense to establish a prescription drug monitoring program. 

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 ‘‘Sharing Health Infor5 mation to Ensure Lifesaving Drug Safety Act’’ or the 

6 ‘‘SHIELDS Act’’. 

7 SEC. 2. SHARING INFORMATION WITH STATE PRESCRIP8 TION DRUG MONITORING PROGRAMS. 

9 (a) ESTABLISHMENT.—Section 1074g of title 10, 

10 United States Code, is amended— 


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1 (1) by redesignating subsections (g) and (h) as 

2 subsections (h) and (i), respectively; and 

3 (2) by inserting after subsection (f) the fol4 lowing new subsection: 

5 ‘‘(g) SHARING INFORMATION WITH STATE PRE6 SCRIPTION DRUG MONITORING PROGRAMS.—(1) The Sec7 retary shall establish and operate a prescription drug mon8 itoring program (to be known as the Military Health Sys9 tem Prescription Drug Monitoring Program) for prescrip10 tion drugs provided through facilities of the uniformed 

11 services. 

12 ‘‘(2) The Secretary shall ensure that the program es13 tablished under paragraph (1)— 

14 ‘‘(A) is comparable to prescription drug moni15 toring programs operated by States, including such 

16 programs approved by the Secretary of Health and 

17 Human Services under section 399O of the Public 

18 Health Service Act (42 U.S.C. 280g–3); and 

19 ‘‘(B) covers prescription drugs provided under 

20 the pharmacy benefits program that are controlled 

21 substances. 

22 ‘‘(3)(A) In carrying out the program established 

23 under paragraph (1), the Secretary shall establish appro24 priate procedures for sharing between the program and 

25 State prescription drug monitoring programs patient-speVerDate Sep 11 2014 02:27 Apr 27, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5591.IH H5591

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1 cific information regarding prescription drugs that are 

2 controlled substances to prevent the misuse and diversion 

3 of opioid medications and other controlled substances. 

4 ‘‘(B) For purposes of the regulations promulgated 

5 under section 264(c) of the Health Insurance Portability 

6 and Accountability Act of 1996 (Public Law 104–191; 42 

7 U.S.C. 1320d–2 note), any disclosure of patient-specific 

8 information by the Secretary under subparagraph (A) 

9 shall be treated as a permitted disclosure. 

10 ‘‘(C) The Secretary shall include in the procedures 

11 established under subparagraph (A) appropriate safe12 guards, as determined by the Secretary, concerning the 

13 cybersecurity of information systems of the Department 

14 of Defense systems and the operational security of per15 sonnel of the Department. 

16 ‘‘(4) In this subsection, the term ‘controlled sub17 stance’ has the meaning given that term in section 102 

18 of the Controlled Substances Act (21 U.S.C. 802).’’. 

19 (b) BRIEFING.—Not later than one year after the 

20 date of the enactment of this Act, the Secretary of Defense 

21 shall provide to the Committees on Armed Services of the 

22 House of Representatives and the Senate a briefing on the 

23 implementation of the program established under section 

24 1074g(g) of title 10, United States Code, as added by sub25 section (a). 


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1 (c) CONFORMING AMENDMENTS.— 

2 (1) TITLE 10, UNITED STATES CODE.—Section 

3 1079(q) of title 10, United States Code, is amended 

4 by striking ‘‘section 1074g(g)’’ and inserting ‘‘sec5 tion 1074g(h)’’. 

6 (2) FY16 NDAA.—Section 715(e)(2) of the Na7 tional Defense Authorization Act for Fiscal Year 

8 2016 (Public Law 114–92; 10 U.S.C. 1074g note) 

9 is amended by striking ‘‘section 1074g(g)’’ and in10 serting ‘‘section 1074g(h)’’. 

11 (3) FY17 NDAA.—Section 745(b) of the Na12 tional Defense Authorization Act for Fiscal Year 

13 2017 (Public Law 114–328; 10 U.S.C. 1074 note) 

14 is amended by striking ‘‘section 1074g(g)’’ and in15 serting ‘‘section 1074g(h)’’. 

Æ 


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