IB 
Union Calendar No. 358 
111TH CONGRESS 
2D SESSION 
H. R. 5710 
[Report No. 111–616] 
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 
SEPTEMBER 22, 2010 
Additional sponsors: Mr. PAULSEN and Mr. SCHOCK 
SEPTEMBER 22, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 1, 2010] 
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A BILL 
To amend and reauthorize the controlled substance moni-
toring program under section 399O of the Public Health 
Service Act. 
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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’’. 
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 information 
that they may use as a tool for the early identi-
fication of patients at risk for addiction in order 
to initiate appropriate medical interventions 
and avert the tragic personal, family, and com-
munity 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 diver-
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sion and prescribing and dispensing practices 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 
(C) by adding at the end the following: 
‘‘(C) to maintain and operate an existing 
State-controlled substance monitoring program.’’; 
(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’’; and 
(iii) in clause (iv), by striking ‘‘public 
health’’ and inserting ‘‘public health or pub-
lic 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 Sec-
retary shall monitor State efforts to achieve 
interoperability, as described in subparagraph 
(A).’’; 
(C) in paragraph (5)— 
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(i) by striking ‘‘implement or im-
prove’’ and inserting ‘‘establish, improve, or 
maintain’’; and 
(ii) by adding at the end the following: 
‘‘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-
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 striking 
‘‘implementing or improving’’ each place it appears 
and inserting ‘‘establishing, improving, or maintain-
ing’’; 
(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-
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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 sub-
section (a) shall provide the Secretary with aggregate 
data and other information determined by the Sec-
retary to be necessary to enable the Secretary— 
‘‘(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 depart-
ment, program, or administration receiving non-
identifiable information under paragraph (1)(D) may 
make such information available to other entities 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: 
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‘‘(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 redesignated, 
to read as follows: 
‘‘(l) PREFERENCE.—Beginning 3 years after the date 
on which funds are first appropriated to carry out this sec-
tion, 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 monitoring pro-
grams 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 determined by the Sec-
retary).’’. 
(11) in subsection (m)(1), as redesignated, by 
striking ‘‘establishment, implementation, or improve-
ment’’ and inserting ‘‘establishment, improvement, or 
maintenance’’; 
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(12) in subsection (n)(8), as redesignated, by 
striking ‘‘and the District of Columbia’’ and inserting 
‘‘, the District of Columbia, and any commonwealth 
or territory of the United States’’; and 
(13) by amending subsection (o), as redesignated, 
to read as follows: 
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—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 and 2013.’’. 
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Union Calendar No. 358 
111TH CONGRESS 
2D SESSION 
H. R. 5710 
[Report No. 111–616] 
A BILL 
To amend and reauthorize the controlled substance 
monitoring program under section 399O of the 
Public Health Service Act. 
SEPTEMBER 22, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
21:46 Sep 22, 2010
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