I 
111TH CONGRESS 
2D SESSION 
H. R. 5710 
To amend and reauthorize the controlled substance monitoring program under 
section 399O of the Public Health Service Act. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2010 
Mr. WHITFIELD (for himself, Mr. PALLONE, Mr. SHIMKUS, Mr. STUPAK, Mr. 
ROGERS of Michigan, Mr. GENE GREEN of Texas, Mrs. BLACKBURN, 
Mrs. CHRISTENSEN, Mr. RADANOVICH, Mrs. MALONEY, Mr. BISHOP of 
Georgia, Mr. WILSON of Ohio, Mr. GINGREY of Georgia, Mr. GORDON of 
Tennessee, Mr. KAGEN, Mr. PITTS, and Mr. GONZALEZ) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To amend and reauthorize the controlled substance moni-
toring program under section 399O of the Public Health 
Service Act. 
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 
2010’’. 
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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)(1)— 
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(A) in subparagraph (A), by striking ‘‘or’’; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) to maintain and operate an existing 
State controlled substance monitoring pro-
gram.’’; 
(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)— 
(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’’; and 
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(iii) in clause (iv), by striking ‘‘public 
health’’ and inserting ‘‘public health or 
public safety’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘If a State that sub-
mits’’ and inserting the following: 
‘‘(A) IN GENERAL.—If a State that sub-
mits’’; 
(ii) by inserting before the period at 
the end ‘‘and include timelines for full im-
plementation of such interoperability’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) MONITORING
OF
EFFORTS.—The 
Secretary shall monitor State efforts to achieve 
interoperability, as described in subparagraph 
(A).’’; 
(C) in paragraph (5)— 
(i) by striking ‘‘implement or im-
prove’’ and inserting ‘‘establish, improve, 
or maintain’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘The Secretary shall redistribute 
any funds that are so returned among the 
remaining grantees under this section in 
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accordance with the formula described in 
subsection (a)(2)(B).’’; 
(4) in the matter preceding paragraph (1) in 
subsection (d), by striking ‘‘In implementing or im-
proving’’ all that follows through ‘‘with the fol-
lowing:’’ and inserting ‘‘In establishing, improving, 
or maintaining a controlled substance monitoring 
program under this section, a State shall comply, or 
with respect to a State that applies for a grant 
under subsection (a)(1)(B) or (C) submit to the Sec-
retary for approval a statement of why such compli-
ance is not feasible and a plan for bringing the State 
into compliance, with the following:’’; 
(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)(B) by striking ‘‘mis-
use of a schedule II, III, or IV substance’’ and 
inserting ‘‘misuse of a controlled substance in-
cluded in schedule II, III, or IV of section 
202(c) of the Controlled Substance Act’’; and 
(B) add at the end the following: 
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‘‘(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 (k)(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 (i) through (o), respectively; 
(8) in subsections (c)(1)(A)(iv) and (d)(4), by 
striking ‘‘subsection (h)’’ each place it appears and 
inserting ‘‘subsection (i)’’; 
(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— 
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‘‘(1) facilitate prescriber use of the State’s con-
trolled substance monitoring system; and 
‘‘(2) educate prescribers on the benefits of the 
system both to them and society.’’; 
(10) in subsection (m)(1), as redesignated, by 
striking ‘‘establishment, implementation, or improve-
ment’’ and inserting ‘‘establishment, improvement, 
or maintenance’’; 
(11) in subsection (n)(8), as redesignated, by 
striking ‘‘and the District of Columbia’’ and insert-
ing ‘‘, the District of Columbia, and any common-
wealth or territory of the United States’’; and 
(12) by amending subsection (o), as redesig-
nated, to read as follows: 
‘‘(o) AUTHORIZATION OF APPROPRIATION.—To carry 
out this section, there are authorized to be appropriated 
$15,000,000 for fiscal year 2011 and $10,000,000 for 
each of fiscal years 2012 through 2015.’’. 
Æ 
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