I 
115TH CONGRESS 
1ST SESSION H. R. 4236 
To ensure that the prescription drug monitoring program of each State 
receiving funds through the Account for the State Response to the 
Opioid Abuse Crisis meets certain minimum requirements, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2017 
Mr. FITZPATRICK (for himself, Ms. KUSTER of New Hampshire, Mr. MAC-
ARTHUR, and Mr. NORCROSS) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce 
A BILL 
To ensure that the prescription drug monitoring program 
of each State receiving funds through the Account for 
the State Response to the Opioid Abuse Crisis meets 
certain minimum requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Monitoring and Ob-
taining Needed Information to Track Opioids Responsibly 
Act of 2017’’ or the ‘‘MONITOR Act of 2017’’. 
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SEC. 2. MINIMUM REQUIREMENTS FOR STATE PRESCRIP-
TION DRUG MONITORING PROGRAMS. 
Section 1003 of the 21st Century Cures Act (42 
U.S.C. 290ee–3 note; relating to the Account for the State 
Response to the Opioid Abuse Crisis) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) MINIMUM REQUIREMENTS
FOR STATE PRE-
SCRIPTION DRUG MONITORING PROGRAMS.— 
‘‘(1) IN GENERAL.—As a condition on receipt of 
a grant under this section, a State shall— 
‘‘(A) certify that the State has in effect a 
prescription drug monitoring program meeting 
the requirements of paragraph (2); or 
‘‘(B) agree to use a portion of the funds 
received through the grant to meet (or make 
progress in meeting) the requirements of para-
graph (2). 
‘‘(2) REQUIREMENTS.—To meet the require-
ments of this paragraph, a State’s prescription drug 
monitoring program must meet each of the fol-
lowing: 
‘‘(A) The program complies with the uni-
form electronic format specified by the Sec-
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retary under paragraph (3) for the reporting, 
sharing, and disclosure of information. 
‘‘(B) The program meets the standards of 
interoperability specified by the Secretary under 
paragraph (3). 
‘‘(C) The State requires dispensers to re-
port to the program each dispensing in the 
State of a controlled substance listed in sched-
ule II, III, or IV of section 202(c) of the Con-
trolled Substances Act (21 U.S.C. 812(c)) no 
later than 1 business day after the controlled 
substance is dispensed to the patient. 
‘‘(D) The program makes reported infor-
mation available to practitioners on a timely 
basis. 
‘‘(3) UNIFORM
ELECTRONIC
FORMAT; INTER-
OPERABILITY.— 
‘‘(A) ESTABLISHMENT.—Not later than 
one year after the date of enactment of this 
Act, the Secretary shall specify for prescription 
drug monitoring programs— 
‘‘(i) a uniform electronic format for 
the reporting, sharing, and disclosure of 
information; and 
‘‘(ii) standards of interoperability. 
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‘‘(B) ADVISORY GROUP.—In carrying out 
subparagraph (A), the Secretary shall— 
‘‘(i) convene an advisory group of li-
censed and practicing community phar-
macists and other health practitioners who 
prescribe and dispense; and 
‘‘(ii) take the recommendations of 
such advisory group into consideration. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘controlled substance’ has 
the meaning given to that term in section 102 
of the Controlled Substances Act (21 U.S.C. 
802). 
‘‘(B) The term ‘dispenser’ means a person 
licensed or otherwise authorized by a State to 
deliver a prescription drug product to a patient 
or an agent of the patient. 
‘‘(C) The term ‘practitioner’ means a prac-
titioner registered under section 303(f) of the 
Controlled Substances Act (21 U.S.C. 823(f)) 
to prescribe, administer, or dispense controlled 
substances. 
‘‘(D) The term ‘State’ means each of the 
several States and the District of Columbia.’’. 
Æ 
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