National All Schedules Prescription Electronic Reporting Act of 2004

Bill: 108-hr-3015
Sponsor: Rep. Whitfield, Ed [R-KY-1]
Introduced: 2003-09-04 in the House
Policy area: Health
Subjects: Communication in medicine
Communication in science
Crime and Law Enforcement
Criminal investigation
Criminal justice information
Data banks
Drug abuse
Drug abuse prevention
Drug law enforcement
Drug traffic
Drugs
Electronic data interchange
Electronic government information
Fines (Penalties)
Government Operations and Politics
Government paperwork
Identification devices
Law
Licenses
Medical personnel
Medical records
Medical research
Medication abuse
Patients' rights
Pharmacists
Physician-patient privilege
Physicians
Quality of care
Science, Technology, Communications
State laws

Summary:
action_date: 2003-09-04
text: 
National All Schedules Prescription Electronic Reporting Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to establish an electronic system for practitioner monitoring of the dispensing of any schedule II, III, or IV controlled substance to patients. Directs dispensers to report the information required under this Act to the Secretary, with specified exceptions.
 
Directs the Secretary to specify the electronic format for information reporting. Allows the Secretary to provide monitoring system information to practitioners and specified government personnel under certain circumstances. States that this Act shall not preclude any authority from securing information as otherwise authorized by law.
 
Directs the Secretary to make reasonable efforts to implement a real-time electronic system.
 
Specifies the circumstances under which monitoring system information may be subsequently transmitted.
 
Assesses civil monetary penalties for the failure to communicate information requested by the Secretary and for the unauthorized disclosure of information transmitted by the Secretary. Allows a State to have its own prescription monitoring system so long as such system provides the Federal program with the required information.

action_date: 2004-10-05
text: 
National All Schedules Prescription Electronic Reporting Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to approved States to establish a controlled substance monitoring program. Bases the amount of each grant on the ratio of pharmacies in the State receiving such a grant to the number of pharmacies in all approved States.
 
Requires a State to submit a grant application that shall include proposed penalties for illegal redisclosure of information and proposed standards for: (1) information security; (2) availability of information and limitation on access to program personnel; (3) database access and integrity; and (4) redisclosure of information. Requires the Secretary to approve such an application if the State demonstrates that it will establish or operate a controlled substance monitoring program in accordance with this Act.
 
Requires an approved State to give notice if it fails to implement such a program. Requires the Secretary to withdrawal approval if the State fails to take corrective action within a reasonable period of time. 
 
Requires an approved State to give the Secretary notice before ceasing to implement or operate such a program.
 
Requires an approved State to: (1) require dispensers to report within one week of each dispensing of a controlled substance to an ultimate user or research subject; (2) report information in accordance with the specified electronic format; (3) automatically share with another approved State information concerning the dispensing of a controlled substance to a user or subject who resides in such other State or by a practitioner whose principal place of business is in such other State.
 
Allows a State to notify the appropriate authorities responsible for drug diversion investigations if information in the database indicates an unlawful diversion or misuse of a controlled substance.
 
Requires the State to establish and maintain an electronic searchable database containing the information reported.
 
Allows a State to provide information from the database in response to certain requests by practitioners, law enforcement, narcotics control, licensure, disciplinary, or program authorities, the controlled substance monitoring program of another State, and agents of the Department of Health and Human Services (HHS), State Medicaid programs, State health departments, or the Drug Enforcement Administration (DEA). Requires a State to make reasonable efforts to limit the information provided to the minimum necessary and to withhold all individually identifiable information from requests by HHS, State Medicaid programs, State health departments, or DEA.
 
Requires the Secretary to: (1) specify a uniform electronic format for the reporting, sharing, and provision of information; (2) give preference to approved States in awarding competitive grants related to drug use beginning January 1, 2007; (3) study and report to Congress on such programs, including the progress of States in establishing such programs, the feasibility of implementing a real-time electronic controlled substance monitoring program, and privacy protections.
 
Authorizes appropriations.


Legislative actions:
action_date: 2004-10-06
text: Received in the Senate.
action_date: 2004-10-05
text: The title of the measure was amended. Agreed to without objection.
action_date: 2004-10-05
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-10-05
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8069-8070)
action_date: 2004-10-05
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8069-8070)
action_date: 2004-10-05
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3015.
action_date: 2004-10-05
text: Considered under suspension of the rules. (consideration: CR H8069-8073)
action_date: 2004-10-05
text: Mr. Barton (TX) moved to suspend the rules and pass the bill, as amended.
action_date: 2004-10-05
text: Placed on the Union Calendar, Calendar No. 448.
action_date: 2004-10-05
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-728.
action_date: 2004-10-05
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-728.
action_date: 2004-09-30
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2003-09-23
text: Referred to the Subcommittee on Health.
action_date: 2003-09-04
text: Referred to the House Committee on Energy and Commerce.
action_date: 2003-09-04
text: Sponsor introductory remarks on measure. (CR E1823-1824)
action_date: 2003-09-04
text: Introduced in House
action_date: 2003-09-04
text: Introduced in House