Sec. 6. Requirements under Prescription Drug Monitoring Programs

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Beginning 1 year after the date of enactment of this Act, each State that receives funding under any of the programs described in subsection

(c)shall— require practitioners, or their designees, in the State to consult the database of the prescription drug monitoring program before writing prescriptions for controlled substances (as such term is defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) in schedule II, III, or IV under section 202 of such Act ( 21 U.S.C. 812 ); require dispensers of controlled substances in schedule II, III, or IV, or their designees, to input data into the database of the prescription drug monitoring program within 24 hours of filling a qualifying prescription, as required by the Attorney General and the Secretary of Health and Human Services, including patient identifier information, the national drug code of the dispensed drug, date of dispensing the drug, quantity and dosage of the drug dispensed, form of payment, Drug Enforcement Administration registration number of the practitioner, Drug Enforcement Administration registration number of the dispenser; allow practitioners and dispensers to designate other appropriate individuals to act as agents of such practitioners and dispensers for purposes of obtaining and inputing data from the database for purposes of complying with paragraphs

(1)and (2), as applicable; provide informational materials for practitioners and dispensers to identify and refer patients with possible substance use disorders to professional treatment specialists; establish formal data sharing agreements to foster electronic connectivity with the prescription drug monitoring programs of each State (if such State has such a program) with which the State shares a border, to facilitate the exchange of information through an established technology architecture that ensures common data standards, privacy protection, and secure and streamlined information sharing; authorize direct access to the State's database of the prescription drug monitoring program to all State law enforcement agencies, State boards responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other persons authorized to prescribe, administer, or dispense controlled substances; and in order to enhance accountability in prescribing and dispensing patterns, not fewer than 4 times per year, proactively provide informational reports on aggregate trends and individual outliers, based on information available through the State prescription drug monitoring program to— the State entities and persons described in paragraph (6); and the Medicaid agency and the department of public health of the State. Each State that receives funding under any of the programs described in subsection

(c)shall, twice per year, submit to the Secretary of Health and Human Services and the Administrator of the Drug Enforcement Administration— a list of all practitioners and dispensers who, in the applicable reporting period, have prescribed or dispensed schedule II, III, or IV opioids in the State; the amount of schedule II, III, or IV opioids that were prescribed and dispensed by each individual practitioner and dispenser described in subparagraph (A); and any additional information that the Secretary and Administrator may require to support surveillance and evaluation of trends in prescribing or dispensing of schedule II, III, or IV opioids, or to identify possible non-medical use and diversion of such substances. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services, in consultation with the Administrator of the Drug Enforcement Administration, the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Indian Health Service, shall submit to Congress, and make public, a report identifying outliers among the medical specialties and geographic areas with the highest rates of opioid prescribing in the Nation, by zip code. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator of the Drug Enforcement Administration, the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Indian Health Service, shall submit to Congress a plan of action, including warning letters and enforcement mechanisms, for addressing outliers in opioid prescribing practices and ensuring an adequate Federal response to protect the public health. The Secretary of Health and Human Services shall submit to Congress updates to the plan of action described in subparagraph (A), as such Secretary, in consultation with the heads of agencies described in such subparagraph, determines appropriate. The programs described in this subsection are— the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 ( Public Law 107–77 ; 115 Stat. 748); the controlled substance monitoring program under section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ); the Prescription Drug Overdose: Prevention for States program of the Centers for Disease Control and Prevention; the Prescription Drug Overdose: Data-Driven Prevention Initiative of Centers for Disease Control and Prevention; the Enhanced State Opioid Overdose Surveillance program of the Centers for Disease Control and Prevention; the opioid grant program under section 1003 of the 21st Century Cures Act ( Public Law 114–255 ); and the State Opioid Response Grant program described under the heading under the heading Substance abuse treatment of title II of division A of the Further Consolidated Appropriations Act, 2020 ( Substance abuse and mental health services administration Public Law 116–94 ). In this section, the terms dispenser and practitioner have the meanings given such terms in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ).

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