I 
118TH CONGRESS 
2D SESSION 
H. R. 7312 
To provide for requirements for electronic-prescribing for controlled sub-
stances under group health plans and group and individual health insur-
ance coverage. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2024 
Ms. KUSTER (for herself, Mr. BALDERSON, and Ms. LETLOW) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Education and the Work-
force, Ways and Means, and the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for requirements for electronic-prescribing for 
controlled substances under group health plans and 
group and individual health insurance coverage. 
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 ‘‘Electronic Prescribing 
for Controlled Substances Act’’ or the ‘‘EPCS 2.0 Act’’. 
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SEC. 2. REQUIREMENTS FOR ELECTRONIC-PRESCRIBING 
FOR 
CONTROLLED 
SUBSTANCES 
UNDER 
GROUP HEALTH PLANS AND GROUP AND IN-
DIVIDUAL HEALTH INSURANCE COVERAGE. 
(a) PUBLIC HEALTH SERVICE ACT AMENDMENT.— 
Section 2799A–7 of the Public Health Service Act (42 
U.S.C. 300gg–117) is amended by adding at the end the 
following new subsection: 
‘‘(d) 
REQUIREMENTS
FOR
ELECTRONIC-PRE-
SCRIBING FOR CONTROLLED SUBSTANCES.— 
‘‘(1) IN GENERAL.—Except as provided pursu-
ant to paragraph (2), for plan years beginning on or 
after January 1, 2026, a group health plan and a 
health insurance issuer offering group or individual 
health insurance coverage, with respect to a partici-
pating provider, as defined in section 2799–1(a)(3), 
shall have in place policies, subject to paragraphs 
(4) and (5), that require any prescription for a 
schedule II, III, IV, or V controlled substance (as 
defined by section 202 of the Controlled Substances 
Act) covered by the plan or coverage that is trans-
mitted by such a participating provider for such a 
participant, beneficiary, or enrollee be electronically 
transmitted consistent with standards established 
under paragraph (3) of section 1860D–4(e) of the 
Social Security Act, under an electronic prescription 
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drug program that meets requirements that are sub-
stantially similar (as jointly determined by the Sec-
retary, the Secretary of Labor, and the Secretary of 
the Treasury) to the requirements of paragraph (2) 
of such section 1860D–4(e). 
‘‘(2) 
EXCEPTION
FOR
CERTAIN
CIR-
CUMSTANCES.—The Secretary, the Secretary of 
Labor, and the Secretary of the Treasury shall joint-
ly, through rulemaking, specify circumstances and 
processes by which the requirement under paragraph 
(1) may be waived, with respect to a schedule II, III, 
IV, or V controlled substance that is a prescription 
drug covered by a group health plan or group or in-
dividual health insurance coverage offered by a 
health insurance issuer, including in the case of— 
‘‘(A) a prescription issued when the par-
ticipating provider and dispensing pharmacy are 
the same entity; 
‘‘(B) a prescription issued that cannot be 
transmitted electronically under the most re-
cently implemented version of the National 
Council 
for 
Prescription 
Drug 
Programs 
SCRIPT Standard; 
‘‘(C) a prescription issued by a partici-
pating provider who received a waiver (which 
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may include a waiver obtained pursuant to sec-
tion 1860D–4(e)(7)(B)(iii) of the Social Secu-
rity Act) or a renewal thereof for a period of 
time as determined by the Secretary, the Sec-
retary of Labor, and the Secretary of the 
Treasury, not to exceed one year, from the re-
quirement to use electronic prescribing due to 
demonstrated economic hardship, technological 
limitations that are not reasonably within the 
control of the participating provider, or other 
exceptional circumstance demonstrated by the 
participating provider; 
‘‘(D) a prescription issued by a partici-
pating provider under circumstances in which, 
notwithstanding the participating provider’s 
ability to submit a prescription electronically as 
required by this subsection, such participating 
provider reasonably determines that it would be 
impractical for the individual involved to obtain 
substances prescribed by electronic prescription 
in a timely manner, and such delay would ad-
versely impact the individual’s medical condition 
involved; 
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‘‘(E) a prescription issued by a partici-
pating provider prescribing a drug under a re-
search protocol; 
‘‘(F) a prescription issued by a partici-
pating provider for a drug for which the Food 
and Drug Administration requires a prescrip-
tion to contain elements that are not able to be 
included in electronic prescribing, such as a 
drug with risk evaluation and mitigation strate-
gies that include elements to assure safe use; 
‘‘(G) a prescription issued for an individual 
who receives hospice care or for a resident of a 
nursing facility (as defined in section 1919(a) 
of the Social Security Act); 
‘‘(H) a prescription issued under cir-
cumstances in which electronic prescribing is 
not available due to temporary technological or 
electrical failure, as specified jointly by the Sec-
retary, the Secretary of Labor, and the Sec-
retary of the Treasury through rulemaking; and 
‘‘(I) a prescription issued by a partici-
pating provider allowing for the dispensing of a 
non-patient specific prescription pursuant to a 
standing order, approved protocol for drug ther-
apy, collaborative drug management, or com-
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