H. R. 1132
One Hundred Ninth Congress
of the
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 
An Act 
To provide for the establishment of a controlled substance monitoring program 
in each State.
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 Prescrip-
tion Electronic Reporting Act of 2005’’. 
SEC. 2. PURPOSE. 
It is the purpose of this Act to—
(1) foster the establishment of State-administered con-
trolled substance monitoring systems in order to ensure that 
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 
(2) establish, based on the experiences of existing State 
controlled substance monitoring programs, a set of best prac-
tices to guide the establishment of new State programs and 
the improvement of existing programs. 
SEC. 3. CONTROLLED SUBSTANCE MONITORING PROGRAM. 
Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding after section 399N the following: 
‘‘SEC. 399O. CONTROLLED SUBSTANCE MONITORING PROGRAM. 
‘‘(a) GRANTS.—
‘‘(1) IN
GENERAL.—Each fiscal year, the Secretary shall 
award a grant to each State with an application approved 
under this section to enable the State—
‘‘(A) to establish and implement a State controlled 
substance monitoring program; or 
‘‘(B) to make improvements to an existing State con-
trolled substance monitoring program. 
‘‘(2) DETERMINATION OF AMOUNT.—
‘‘(A) MINIMUM AMOUNT.—In making payments under 
a grant under paragraph (1) for a fiscal year, the Secretary 
shall allocate to each State with an application approved 
under this section an amount that equals 1.0 percent of 
the amount appropriated to carry out this section for that 
fiscal year.
H. R. 1132—2
‘‘(B) ADDITIONAL
AMOUNTS.—In making payments 
under a grant under paragraph (1) for a fiscal year, the 
Secretary shall allocate to each State with an application 
approved under this section an additional amount which 
bears the same ratio to the amount appropriated to carry 
out this section for that fiscal year and remaining after 
amounts are made available under subparagraph (A) as 
the number of pharmacies of the State bears to the number 
of pharmacies of all States with applications approved 
under this section (as determined by the Secretary), except 
that the Secretary may adjust the amount allocated to 
a State under this subparagraph after taking into consider-
ation the budget cost estimate for the State’s controlled 
substance monitoring program. 
‘‘(3) TERM OF GRANTS.—Grants awarded under this section 
shall be obligated in the year in which funds are allotted. 
‘‘(b) DEVELOPMENT
OF
MINIMUM
REQUIREMENTS.—Prior to 
awarding a grant under this section, and not later than 6 months 
after the date on which funds are first appropriated to carry out 
this section, after seeking consultation with States and other 
interested parties, the Secretary shall, after publishing in the Fed-
eral Register proposed minimum requirements and receiving public 
comments, establish minimum requirements for criteria to be used 
by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection 
(c)(1)(A). 
‘‘(c) APPLICATION APPROVAL PROCESS.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under 
this section, a State shall submit an application to the Secretary 
at such time, in such manner, and containing such assurances 
and information as the Secretary may reasonably require. Each 
such application shall include—
‘‘(A) with respect to a State that intends to use funds 
under the grant as provided for in subsection (a)(1)(A)—
‘‘(i) a budget cost estimate for the controlled sub-
stance monitoring program to be implemented under 
the grant; 
‘‘(ii) criteria for security for information handling 
and for the database maintained by the State under 
subsection (e) generally including efforts to use appro-
priate encryption technology or other appropriate tech-
nology to protect the security of such information; 
‘‘(iii) an agreement to adopt health information 
interoperability standards, including health vocabulary 
and messaging standards, that are consistent with any 
such standards generated or identified by the Secretary 
or his or her designee; 
‘‘(iv) criteria for meeting the uniform electronic 
format requirement of subsection (h); 
‘‘(v) criteria for availability of information and 
limitation on access to program personnel; 
‘‘(vi) criteria for access to the database, and proce-
dures to ensure that information in the database is 
accurate; 
‘‘(vii) criteria for the use and disclosure of informa-
tion, including a description of the certification process 
to be applied to requests for information under sub-
section (f);