H. R. 1132—6
‘‘(B) may, to the extent permitted under State law, 
notify the appropriate authorities responsible for carrying 
out drug diversion investigations if the State determines 
that information in the database maintained by the State 
under subsection (e) indicates an unlawful diversion or 
abuse of a controlled substance. 
‘‘(g) LIMITATIONS.—In implementing or improving a controlled 
substance monitoring program under this section, a State—
‘‘(1) shall limit the information provided pursuant to a 
valid request under subsection (f)(1) to the minimum necessary 
to accomplish the intended purpose of the request; and 
‘‘(2) shall limit information provided in response to a 
request under subsection (f)(1)(D) to nonidentifiable informa-
tion. 
‘‘(h) ELECTRONIC FORMAT.—The Secretary shall specify a uni-
form electronic format for the reporting, sharing, and disclosure 
of information under this section. 
‘‘(i) RULES OF CONSTRUCTION.—
‘‘(1) FUNCTIONS OTHERWISE AUTHORIZED BY LAW.—Nothing 
in this section shall be construed to restrict the ability of 
any authority, including any local, State, or Federal law enforce-
ment, narcotics control, licensure, disciplinary, or program 
authority, to perform functions otherwise authorized by law. 
‘‘(2) NO PREEMPTION.—Nothing in this section shall be con-
strued as preempting any State law, except that no such law 
may relieve any person of a requirement otherwise applicable 
under this Act. 
‘‘(3) ADDITIONAL PRIVACY PROTECTIONS.—Nothing in this 
section shall be construed as preempting any State from 
imposing any additional privacy protections. 
‘‘(4) FEDERAL PRIVACY REQUIREMENTS.—Nothing in this sec-
tion shall be construed to supersede any Federal privacy or 
confidentiality requirement, including the regulations promul-
gated under section 264(c) of the Health Insurance Portability 
and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 
2033) and section 543 of the Public Health Service Act. 
‘‘(5) NO FEDERAL PRIVATE CAUSE OF ACTION.—Nothing in 
this section shall be construed to create a Federal private 
cause of action. 
‘‘(j) STUDIES AND REPORTS.—
‘‘(1) IMPLEMENTATION REPORT.—
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, the Secretary, based 
on a review of existing State controlled substance moni-
toring programs and other relevant information, shall 
determine whether the implementation of such programs 
has had a substantial negative impact on—
‘‘(i) patient access to treatment, including therapy 
for pain or controlled substance abuse; 
‘‘(ii) pediatric patient access to treatment; or 
‘‘(iii) patient enrollment in research or clinical 
trials in which, following the protocol that has been 
approved by the relevant institutional review board 
for the research or clinical trial, the patient has 
obtained a controlled substance from either the sci-
entific investigator conducting such research or clinical 
trial or the agent thereof.
H. R. 1132—7
‘‘(B) ADDITIONAL
CATEGORIES
OF
EXCLUSION.—If the 
Secretary determines under subparagraph (A) that a 
substantial negative impact has been demonstrated with 
regard to one or more of the categories of patients described 
in such subparagraph, the Secretary shall identify addi-
tional appropriate categories of exclusion from reporting 
as authorized under subsection (d)(2)(C). 
‘‘(2) PROGRESS REPORT.—Not later than 3 years after the 
date on which funds are first appropriated under this section, 
the Secretary shall—
‘‘(A) complete a study that—
‘‘(i) determines the progress of States in estab-
lishing and implementing controlled substance moni-
toring programs under this section; 
‘‘(ii) provides an analysis of the extent to which 
the operation of controlled substance monitoring pro-
grams have reduced inappropriate use, abuse, or diver-
sion of controlled substances or affected patient access 
to appropriate pain care in States operating such pro-
grams; 
‘‘(iii) determines the progress of States in achieving 
interoperability between controlled substance moni-
toring programs, including an assessment of technical 
and legal barriers to such activities and recommenda-
tions for addressing these barriers; 
‘‘(iv) determines the feasibility of implementing a 
real-time electronic controlled substance monitoring 
program, including the costs associated with estab-
lishing such a program; 
‘‘(v) provides an analysis of the privacy protections 
in place for the information reported to the controlled 
substance monitoring program in each State receiving 
a grant for the establishment or operation of such 
program, and any recommendations for additional 
requirements for protection of this information; 
‘‘(vi) determines the feasibility of implementing 
technological alternatives to centralized data storage, 
such as peer-to-peer file sharing or data pointer sys-
tems, in controlled substance monitoring programs and 
the potential for such alternatives to enhance the pri-
vacy and security of individually identifiable data; and 
‘‘(vii) evaluates the penalties that States have 
enacted for the unauthorized use and disclosure of 
information maintained in the controlled substance 
monitoring program, and reports on the criteria used 
by the Secretary to determine whether such penalties 
qualify as appropriate pursuant to this section; and 
‘‘(B) submit a report to the Congress on the results 
of the study. 
‘‘(k) PREFERENCE.—Beginning 3 years after the date on which 
funds are first appropriated to carry out this section, the Secretary, 
in awarding any competitive grant that is related to drug abuse 
(as determined by the Secretary) and for which only States are 
eligible to apply, shall give preference to any State with an applica-
tion approved under this section. The Secretary shall have the 
discretion to apply such preference to States with existing controlled 
substance monitoring programs that meet minimum requirements
H. R. 1132—8
under this section or to States that put forth a good faith effort 
to meet those requirements (as determined by the Secretary). 
‘‘(l) ADVISORY COUNCIL.—
‘‘(1) ESTABLISHMENT.—A State may establish an advisory 
council to assist in the establishment, implementation, or 
improvement of a controlled substance monitoring program 
under this section. 
‘‘(2) LIMITATION.—A State may not use amounts received 
under a grant under this section for the operations of an 
advisory council established under paragraph (1). 
‘‘(3) SENSE OF CONGRESS.—It is the sense of the Congress 
that, in establishing an advisory council under this subsection, 
a State should consult with appropriate professional boards 
and other interested parties. 
‘‘(m) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘bona fide patient’ means an individual who 
is a patient of the practitioner involved. 
‘‘(2) The term ‘controlled substance’ means a drug that 
is included in schedule II, III, or IV of section 202(c) of the 
Controlled Substance Act. 
‘‘(3) The term ‘dispense’ means to deliver a controlled sub-
stance to an ultimate user by, or pursuant to the lawful order 
of, a practitioner, irrespective of whether the dispenser uses 
the Internet or other means to effect such delivery. 
‘‘(4) The term ‘dispenser’ means a physician, pharmacist, 
or other person that dispenses a controlled substance to an 
ultimate user. 
‘‘(5) The term ‘interoperability’ with respect to a State 
controlled substance monitoring program means the ability of 
the program to electronically share reported information, 
including each of the required report components described 
in subsection (d), with another State if the information concerns 
either the dispensing of a controlled substance to an ultimate 
user who resides in such other State, or the dispensing of 
a controlled substance prescribed by a practitioner whose prin-
cipal place of business is located in such other State. 
‘‘(6) The term ‘nonidentifiable information’ means informa-
tion that does not identify a practitioner, dispenser, or an 
ultimate user and with respect to which there is no reasonable 
basis to believe that the information can be used to identify 
a practitioner, dispenser, or an ultimate user. 
‘‘(7) The term ‘practitioner’ means a physician, dentist, 
veterinarian, scientific investigator, pharmacy, hospital, or 
other person licensed, registered, or otherwise permitted, by 
the United States or the jurisdiction in which he or she prac-
tices or does research, to distribute, dispense, conduct research 
with respect to, administer, or use in teaching or chemical 
analysis, a controlled substance in the course of professional 
practice or research. 
‘‘(8) The term ‘State’ means each of the 50 States and 
the District of Columbia. 
‘‘(9) The term ‘ultimate user’ means a person who has 
obtained from a dispenser, and who possesses, a controlled 
substance for his or her own use, for the use of a member 
of his or her household, or for the use of an animal owned 
by him or her or by a member of his or her household.
H. R. 1132—9
‘‘(n) AUTHORIZATION
OF APPROPRIATIONS.—To carry out this 
section, there are authorized to be appropriated—
‘‘(1) $15,000,000 for each of fiscal years 2006 and 2007; 
and 
‘‘(2) $10,000,000 for each of fiscal years 2008, 2009, and 
2010.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.