I 
112TH CONGRESS 
1ST SESSION 
H. R. 866 
To amend and reauthorize the controlled substance monitoring program under 
section 399O of the Public Health Service Act. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2011 
Mr. WHITFIELD (for himself and Mr. PALLONE) 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. 
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 
2011’’. 
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: 
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‘‘(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)— 
(A) in subparagraph (A), by striking ‘‘or’’; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
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(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 
(iii) in clause (iv), by striking ‘‘public 
health’’ and inserting ‘‘public health or 
public safety’’; 
(B) in paragraph (3)— 
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(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 
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-
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proving’’ and all that follows through ‘‘(a)(1)(B)’’ 
and inserting ‘‘In establishing, improving, or main-
taining a controlled substance monitoring program 
under this section, a State shall comply, or with re-
spect to a State that applies for a grant under sub-
paragraph (B) or (C) of subsection (a)(1)’’; 
(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) 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 
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‘‘(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— 
‘‘(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) by amending subsection (l), as redesig-
nated, to read as follows: 
‘‘(l) PREFERENCE.—Beginning 3 years after the date 
on which funds are first appropriated to carry out this 
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section, the Secretary, in awarding any competitive grant 
under title V that is related to drug abuse (as determined 
by the Secretary) and for which only States or tribes are 
eligible to apply, may give preference to eligible States 
with applications approved under this section, to eligible 
States or tribes with existing controlled substance moni-
toring programs that meet minimum requirements under 
this section, or to eligible States or tribes that put forth 
a good faith effort to meet those requirements (as deter-
mined by the Secretary).’’; 
(11) in subsection (m)(1), as redesignated, by 
striking ‘‘establishment, implementation, or improve-
ment’’ and inserting ‘‘establishment, improvement, 
or maintenance’’; 
(12) 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 
(13) by amending subsection (o), as redesig-
nated, to read as follows: 
‘‘(o) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated $15,000,000 for fiscal year 2012 and $10,000,000 
for each of fiscal years 2013 and 2014.’’. 
Æ 
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