II 

113TH CONGRESS 

2D SESSION S. 2529 

To amend and reauthorize the controlled substance monitoring program under 

section 399O of the Public Health Service Act. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2014 

Mrs. SHAHEEN (for herself, Mr. TOOMEY, Mr. DURBIN, and Mr. SESSIONS) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

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 2014’’. 


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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’’; 


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1 (iii) by redesignating clauses (iii) and 

2 (iv) as clauses (iv) and (v), respectively; 

3 (iv) by inserting after clause (ii), the 

4 following: 

5 ‘‘(iii) a plan to apply the latest ad6 vances in health information technology in 

7 order to incorporate prescription drug 

8 monitoring program data directly into the 

9 workflow of prescribers and dispensers to 

10 ensure timely access to patients’ controlled 

11 prescription drug history;’’; 

12 (v) in clause (iv) (as so redesignated), 

13 by inserting before the semicolon the fol14 lowing: ‘‘and at least one health informa15 tion technology system such as electronic 

16 health records, health information ex17 changes, and e-prescribing systems’’; and 

18 (vi) in clause (v) (as so redesignated), 

19 by striking ‘‘public health’’ and inserting 

20 ‘‘public health or public safety’’; 

21 (B) in paragraph (3)— 

22 (i) by striking ‘‘If a State that sub23 mits’’ and inserting the following: 

24 ‘‘(A) IN GENERAL.—If a State that sub25 mits’’; 


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1 (ii) by inserting before the period at 

2 the end ‘‘and include timelines for full im3 plementation of such interoperability. The 

4 State shall also describe the manner in 

5 which it will achieve interoperability be6 tween its monitoring program and health 

7 information technology systems, as allow8 able under State law, and include timelines 

9 for the implementation of such interoper10 ability’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(B) MONITORING OF EFFORTS.—The 

14 Secretary shall monitor State efforts to achieve 

15 interoperability, as described in subparagraph 

16 (A).’’; 

17 (C) in paragraph (5)— 

18 (i) by striking ‘‘implement or im19 prove’’ and inserting ‘‘establish, improve, 

20 or maintain’’; and 

21 (ii) by adding at the end the fol22 lowing: ‘‘The Secretary shall redistribute 

23 any funds that are so returned among the 

24 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 subsection (d)— 

4 (A) in the matter preceding paragraph 

5 (1)— 

6 (i) by striking ‘‘In implementing or 

7 improving’’ and all that follows through 

8 ‘‘(a)(1)(B)’’ and inserting ‘‘In establishing, 

9 improving, or maintaining a controlled sub10 stance monitoring program under this sec11 tion, a State shall comply, or with respect 

12 to a State that applies for a grant under 

13 subparagraph (B) or (C) of subsection 

14 (a)(1)’’; and 

15 (ii) by striking ‘‘public health’’ and in16 serting ‘‘public health or public safety’’; 

17 and 

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

19 ‘‘(5) The State shall report on interoperability 

20 with the controlled substance monitoring program of 

21 Federal agencies, where appropriate, interoperability 

22 with health information technology systems such as 

23 electronic health records, health information ex24 changes, and e-prescribing, where appropriate, and 

25 whether or not the State provides automatic, realVerDate Mar 15 2010 00:19 Jul 02, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2529.IS S2529

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1 time or daily information about a patient when a 

2 practitioner (or the designee of a practitioner, where 

3 permitted) requests information about such pa4 tient.’’; 

5 (5) in subsections (e), (f)(1), and (g), by strik6 ing ‘‘implementing or improving’’ each place it ap7 pears and inserting ‘‘establishing, improving, or 

8 maintaining’’; 

9 (6) in subsection (f)— 

10 (A) in paragraph (1)(B) by striking ‘‘mis11 use of a schedule II, III, or IV substance’’ and 

12 inserting ‘‘misuse of a controlled substance in13 cluded in schedule II, III, or IV of section 

14 202(c) of the Controlled Substance Act’’; and 

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

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

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

18 subsection (a) shall provide the Secretary with ag19 gregate data and other information determined by 

20 the Secretary to be necessary to enable the Sec21 retary— 

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

23 program in achieving its purposes; or 

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

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


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1 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A de2 partment, program, or administration receiving non3 identifiable information under paragraph (1)(D) 

4 may make such information available to other enti5 ties for research purposes.’’; 

6 (7) by striking subsection (k); 

7 (8) by redesignating subsections (h) through (j) 

8 as subsections (i) through (k), respectively; 

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

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

11 inserting ‘‘subsection (i)’’; 

12 (10) by inserting after subsection (g) the fol13 lowing: 

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

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

16 shall take steps to— 

17 ‘‘(1) facilitate prescriber and dispenser use of 

18 the State’s controlled substance monitoring system; 

19 and 

20 ‘‘(2) educate prescribers and dispenser on the 

21 benefits of the system both to them and society.’’; 

22 (11) in subsection (k)(2)(A), as redesignated— 

23 (A) in clause (ii), by striking ‘‘or affected’’ 

24 and inserting ‘‘, established or strengthened iniVerDate Mar 15 2010 00:19 Jul 02, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2529.IS S2529

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1 tiatives to ensure linkages to substance use dis2 order services, or affected’’; and 

3 (B) in clause (iii), by striking ‘‘including 

4 an assessment’’ and inserting ‘‘between con5 trolled substance monitoring programs and 

6 health information technology systems, and in7 cluding an assessment’’; 

8 (12) in subsection (l)(1), by striking ‘‘establish9 ment, implementation, or improvement’’ and insert10 ing ‘‘establishment, improvement, or maintenance’’; 

11 (13) in subsection (m)(8), by striking ‘‘and the 

12 District of Columbia’’ and inserting ‘‘, the District 

13 of Columbia, and any commonwealth or territory of 

14 the United States’’; and 

15 (14) by amending subsection (n), to read as fol16 lows: 

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

18 carry out this section, there are authorized to be appro19 priated $7,000,000 for each of fiscal years 2014 through 

20 2018.’’. 

Æ 


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