I 
114TH CONGRESS 
1ST SESSION H. R. 1725 
To amend and reauthorize the controlled substance monitoring program under 
section 399O of the Public Health Service Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2015 
Mr. WHITFIELD (for himself, Mr. KENNEDY, Mr. BUCSHON, and Mr. PAL-
LONE) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend and reauthorize the controlled substance moni-
toring program under section 399O of the Public Health 
Service Act, 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 ‘‘National All Schedules 
Prescription Electronic Reporting Reauthorization Act of 
2015’’. 
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SEC. 2. AMENDMENT TO PURPOSE. 
Paragraph (1) of section 2 of the National All Sched-
ules Prescription Electronic Reporting Act of 2005 (Public 
Law 109–60) is amended to read as follows: 
‘‘(1) foster the establishment of State-adminis-
tered controlled substance monitoring systems in 
order to ensure that— 
‘‘(A) health care providers have access to 
the accurate, timely prescription history infor-
mation that they may use as a tool for the early 
identification of patients at risk for addiction in 
order to initiate appropriate medical interven-
tions and avert the tragic personal, family, and 
community consequences of untreated addiction; 
and 
‘‘(B) appropriate law enforcement, regu-
latory, and State professional licensing authori-
ties have access to prescription history informa-
tion for the purposes of investigating drug di-
version and prescribing and dispensing prac-
tices of errant prescribers or pharmacists; and’’. 
SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONI-
TORING PROGRAM. 
Section 399O of the Public Health Service Act (42 
U.S.C. 280g–3) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘or’’; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) to maintain and operate an existing 
State-controlled 
substance 
monitoring 
pro-
gram.’’; and 
(B) in paragraph (3), by inserting ‘‘by the 
Secretary’’ after ‘‘Grants awarded’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) MINIMUM
REQUIREMENTS.—The Secretary 
shall maintain and, as appropriate, supplement or revise 
(after publishing proposed additions and revisions in the 
Federal Register and receiving public comments thereon) 
minimum requirements for criteria to be used by States 
for purposes of clauses (ii), (v), (vi), and (vii) of subsection 
(c)(1)(A).’’; 
(3) in subsection (c)— 
(A) in paragraph (1)(B)— 
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(i) in the matter preceding clause (i), 
by striking ‘‘(a)(1)(B)’’ and inserting 
‘‘(a)(1)(B) or (a)(1)(C)’’; 
(ii) in clause (i), by striking ‘‘program 
to be improved’’ and inserting ‘‘program to 
be improved or maintained’’; 
(iii) by redesignating clauses (iii) and 
(iv) as clauses (iv) and (v), respectively; 
(iv) by inserting after clause (ii) the 
following: 
‘‘(iii) a plan to apply the latest ad-
vances in health information technology in 
order to incorporate prescription drug 
monitoring program data directly into the 
workflow of prescribers and dispensers to 
ensure timely access to patients’ controlled 
prescription drug history;’’; 
(v) in clause (iv), as redesignated, by 
inserting before the semicolon at the end 
‘‘and at least one health information tech-
nology system such as an electronic health 
records system, a health information ex-
change, or an e-prescribing system’’; and 
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‘‘(5) The State shall report to the Secretary 
on— 
‘‘(A) as appropriate, interoperability with 
the controlled substance monitoring programs 
of Federal departments and agencies; 
‘‘(B) as appropriate, interoperability with 
health information technology systems such as 
electronic health records systems, health infor-
mation exchanges, and e-prescribing systems; 
and 
‘‘(C) whether or not the State provides 
automatic, real-time or daily information about 
a patient when a practitioner (or the designee 
of a practitioner, where permitted) requests in-
formation about such patient.’’; 
(5) in subsections (e), (f)(1), and (g), by strik-
ing ‘‘implementing or improving’’ each place it ap-
pears and inserting ‘‘establishing, improving, or 
maintaining’’; 
(6) in subsection (f)— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by striking 
‘‘misuse of a schedule II, III, or IV sub-
stance’’ and inserting ‘‘misuse of a con-
trolled substance included in schedule II, 
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III, or IV of section 202(c) of the Con-
trolled Substance Act’’; and 
(ii) in subparagraph (D), by inserting 
‘‘a State substance abuse agency,’’ after ‘‘a 
State health department,’’; and 
(B) by adding at the end the following: 
‘‘(3) EVALUATION
AND
REPORTING.—Subject 
to subsection (g), a State receiving a grant under 
subsection (a) shall provide the Secretary with ag-
gregate data and other information determined by 
the Secretary to be necessary to enable the Sec-
retary— 
‘‘(A) to evaluate the success of the State’s 
program in achieving its purposes; or 
‘‘(B) to prepare and submit the report to 
Congress required by subsection (l)(2). 
‘‘(4) RESEARCH BY OTHER ENTITIES.—A de-
partment, program, or administration receiving non-
identifiable information under paragraph (1)(D) 
may make such information available to other enti-
ties for research purposes.’’; 
(7) by redesignating subsections (h) through 
(n) as subsections (j) through (p), respectively; 
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(8) in subsections (c)(1)(A)(iv) and (d)(4), by 
striking ‘‘subsection (h)’’ each place it appears and 
inserting ‘‘subsection (j)’’; 
(9) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) EDUCATION AND ACCESS TO THE MONITORING 
SYSTEM.—A State receiving a grant under subsection (a) 
shall take steps to— 
‘‘(1) facilitate prescriber and dispenser use of 
the State’s controlled substance monitoring system; 
‘‘(2) educate prescribers and dispensers on the 
benefits of the system both to them and society; and 
‘‘(3) facilitate linkage to the State substance 
abuse agency and substance abuse disorder services. 
‘‘(i) CONSULTATION WITH ATTORNEY GENERAL.— 
In carrying out this section, the Secretary shall consult 
with the Attorney General of the United States and other 
relevant Federal officials to— 
‘‘(1) ensure maximum coordination of controlled 
substance monitoring programs and related activi-
ties; and 
‘‘(2) minimize duplicative efforts and funding.’’; 
(10) in subsection (l)(2)(A), as redesignated by 
paragraph (7)— 
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(A) in clause (ii), by inserting ‘‘; estab-
lished or strengthened initiatives to ensure link-
ages to substance use disorder services;’’ before 
‘‘or affected patient access’’; and 
(B) in clause (iii), by inserting ‘‘and be-
tween controlled substance monitoring pro-
grams and health information technology sys-
tems,’’ before ‘‘, including an assessment’’; 
(11) by striking subsection (m) (relating to 
preference), as redesignated by paragraph (7); 
(12) by redesignating subsections (m) through 
(o), as redesignated by paragraph (7), as subsections 
(l) through (o), respectively; 
(13) in subsection (m)(1), as redesignated by 
paragraph (12), by striking ‘‘establishment, imple-
mentation, or improvement’’ and inserting ‘‘estab-
lishment, improvement, or maintenance’’; 
(14) in subsection (n)— 
(A) in paragraph (5)— 
(i) by striking ‘‘means the ability’’ 
and inserting the following: ‘‘means— 
‘‘(A) the ability’’; 
(ii) by striking the period at the end 
and inserting ‘‘; or’’; and 
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(iii) by adding at the end the fol-
lowing: 
‘‘(B) sharing of State controlled substance 
monitoring program information with a health 
information technology system such as an elec-
tronic health records system, a health informa-
tion exchange, or an e-prescribing system.’’; 
(B) in paragraph (7), by striking ‘‘phar-
macy’’ and inserting ‘‘pharmacist’’; and 
(C) in paragraph (8), by striking ‘‘and the 
District of Columbia’’ and inserting ‘‘, the Dis-
trict of Columbia, and any commonwealth or 
territory of the United States’’; and 
(15) by amending subsection (o), as redesig-
nated by paragraph (12), to read as follows: 
‘‘(o) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there is authorized to be appro-
priated $10,000,000 for each of fiscal years from 2016 
through 2020.’’. 
Æ 
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