Sec. 102. Prescription drug monitoring program
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/bill/114/s/636/is/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ) is amended— in subsection (a)(1)— in subparagraph (A), by striking or ; in subparagraph (B), by striking the period at the end and inserting ; or ; and by adding at the end the following: to maintain and operate an existing State-controlled substance monitoring program. ; by amending subsection
(b)to read as follows: 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). ; in subsection (c)— in paragraph (1)(B)— in the matter preceding clause (i), by striking (a)(1)(B) and inserting (a)(1)(B) or (a)(1)(C) ; in clause (i), by striking program to be improved and inserting program to be improved or maintained ; by redesignating clauses
(iii)and
(iv)as clauses
(iv)and (v), respectively; by inserting after clause (ii), the following: a plan to apply the latest advances 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; ; in clause
(iv)(as so redesignated), by inserting before the semicolon the following: and at least one health information technology system such as electronic health records, health information exchanges, and e-prescribing systems ; and in clause
(v)(as so redesignated), by striking public health and inserting public health or public safety ; in paragraph (3)— by striking If a State that submits and inserting the following: If a State that submits ; by inserting before the period at the end and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for the implementation of such interoperability ; and by adding at the end the following: The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A). ; in paragraph (5)— by striking implement or improve and inserting establish, improve, or maintain ; and 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). ; in subsection (d)— in the matter preceding paragraph (1)— by striking In implementing or improving and all that follows through (a)(1)(B) 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 subparagraph
(B)or
(C)of subsection (a)(1) ; and by striking public health and inserting public health or public safety ; and by adding at the end the following: The State shall report on interoperability with the controlled substance monitoring program of Federal agencies, where appropriate, interoperability with health information technology systems such as electronic health records, health information exchanges, and e-prescribing, where appropriate, and 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 information about such patient. ; in subsection (e), by adding at the end the following: The State shall— ensure that the database— is interoperable with the controlled substance monitoring program of other States and other Federal agencies and across appropriate State agencies, including health agencies, as determined by the Secretary; is interoperable with electronic health records and e-prescribing, where appropriate; and provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient; require practitioners to use State database information to help determine whether to prescribe or renew a prescription for a controlled substance; and require dispensers, or their designees, where permitted, to enter data required by the Secretary, including the name of the patient, the date, and prescription dose, into the database for a controlled substance. Notwithstanding section 543 and any other provision of law, the data required to be entered under paragraph (5)(C) shall include information with respect to methadone that is dispensed to a patient, if applicable. The State shall ensure that— any person who receives patient information through the database may disclose and use such information only to carry out the official duties of that person with regard to the patient; and notwithstanding subsection (f)(1)(B), no information kept in accordance with a database established, improved, or maintained through a grant under this section may be used to conduct a criminal investigation or substantiate any criminal charges against a patient or to conduct any investigation of a patient relating to methadone use of the patient. ; in subsections (e), (f)(1), and (g), by striking implementing or improving each place it appears and inserting establishing, improving, or maintaining ; in subsection (f)— in paragraph (1)(B) by striking misuse of a schedule II, III, or IV substance and inserting misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act ; and by adding at the end the following: Subject to subsection (g), a State receiving a grant under subsection
(a)shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary— to evaluate the success of the State’s program in achieving its purposes; or to prepare and submit the report to Congress required by subsection (k)(2). A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes. ; by striking subsection (k); by redesignating subsections
(h)through
(j)as subsections
(i)through (k), respectively; in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection
(h)each place it appears and inserting subsection
(i); by inserting after subsection
(g)the following: A State receiving a grant under subsection
(a)shall take steps to— facilitate prescriber and dispenser use of the State’s controlled substance monitoring system; and educate prescribers and dispenser on the benefits of the system both to them and society. ; in subsection (k)(2)(A), as redesignated— in clause (ii), by striking or affected and inserting , established or strengthened initiatives to ensure linkages to substance use disorder services, or affected ; and in clause (iii), by striking including an assessment and inserting between controlled substance monitoring programs and health information technology systems, and including an assessment ; in subsection (l)(1), by striking establishment, implementation, or improvement and inserting establishment, improvement, or maintenance ; in subsection (m)(8), by striking and the District of Columbia and inserting , the District of Columbia, and any commonwealth or territory of the United States ; and by amending subsection (n), to read as follows: To carry out this section, there are authorized to be appropriated $7,000,000 for each of fiscal years 2016 through 2020. . Section 543(a) of the Public Health Service Act ( 42 U.S.C. 290dd–2(a) ) is amended by inserting or, with respect to methadone, as required under section 399O(e)(6) before the period at the end. Health care practitioners (as defined in paragraph
(7)of section 399O(m) of the Public Health Service Act ( 42 U.S.C. 280g–3(m) )) and dispensers (as defined in paragraph
(4)of such section) who participate in or are employed by a Federal health care program or federally funded health care program, including the Indian Health Service, the Department of Veterans Affairs, the Department of Defense, the Federal Bureau of Prisons, the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ), and Federally qualified health centers, shall use the databases of the controlled substance monitoring programs under section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ), if such databases are available to the practitioner or dispenser.
Connectionstraces to 3
3 references not yet in our index
- 42 USC 280g–3
- 42 USC 290dd–2(a)
- 42 USC 280g–3(m)
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cites case law
Sec. 102
Prescription drug monitoring program
Cite42 USC 280g–3
Cite42 USC 290dd–2(a)
Cite42 USC 280g–3(m)
Cites 6Cited by 0 across 0 sources