Prescription Drug Monitoring Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3974 To require the use of prescription drug monitoring programs. IN THE HOUSE OF REPRESENTATIVES JULY 25, 2019 Mr. RYAN (for himself and Mr. BALDERSON) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the use of prescription drug monitoring programs. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prescription Drug 4 Monitoring Act of 2019’’. 5 SEC. 2. REQUIRING THE USE OF PRESCRIPTION DRUG 6 MONITORING PROGRAMS. 7 (a) DEFINITIONS.—In this section: 8 (1) CONTROLLED SUBSTANCE.—The term 9 ‘‘controlled substance’’ has the meaning given the 10 term in section 102 of the Controlled Substances 11 Act (21 U.S.C. 802). 12 VerDate Sep 11 2014 02:43 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3974 IH (2) COVERED STATE.—The term ‘‘covered 1 State’’ means a State that receives funding under 2 the Harold Rogers Prescription Drug Monitoring 3 Program established under the Departments of 4 Commerce, Justice, and State, the Judiciary, and 5 Related Agencies Appropriations Act, 2002 (Public 6 Law 107–77; 115 Stat. 748), or under the con- 7 trolled substance monitoring program under section 8 399O of the Public Health Service Act (42 U.S.C. 9 280g–3). 10 (3) DISPENSER.—The term ‘‘dispenser’’— 11 (A) means a person licensed or otherwise 12 authorized by a State to deliver a prescription 13 drug product to a patient or an agent of the pa- 14 tient; and 15 (B) does not include a person involved in 16 oversight or payment for prescription drugs. 17 (4) PDMP.—The term ‘‘PDMP’’ means a pre- 18 scription drug monitoring program. 19 (5) PRACTITIONER.—The term ‘‘practitioner’’ 20 means a practitioner registered under section 303(f) 21 of the Controlled Substances Act (21 U.S.C. 823(f)) 22 to prescribe, administer, or dispense controlled sub- 23 stances. 24 VerDate Sep 11 2014 02:43 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3974 IH (6) STATE.—The term ‘‘State’’ means each of 1 the several States and the District of Columbia. 2 (b) REQUIREMENTS.—Beginning 1 year after the 3 date of enactment of this Act, each covered State shall 4 require— 5 (1) each prescribing practitioner within the cov- 6 ered State or their designee, who shall be licensed or 7 registered healthcare professionals or other employ- 8 ees who report directly to the practitioner, to consult 9 the PDMP of the covered State before initiating 10 treatment with a prescription for a controlled sub- 11 stance listed in schedule II, III, or IV of section 12 202(c) of the Controlled Substances Act (21 U.S.C. 13 812(c)), and every 3 months thereafter as long as 14 the treatment continues; 15 (2) the PDMP of the covered State to provide 16 proactive notification to a practitioner when patterns 17 indicative of controlled substance misuse, including 18 opioid misuse, are detected; 19 (3) each dispenser within the covered State to 20 report each prescription for a controlled substance 21 dispensed by the dispenser to the PDMP not later 22 than 24 hours after the controlled substance is dis- 23 pensed to the patient; 24 VerDate Sep 11 2014 02:43 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3974 IH (4) that the PDMP make available a quarterly 1 de-identified data set and an annual report for pub- 2 lic and private use, including use by healthcare pro- 3 viders, health plans and health benefits administra- 4 tors, State agencies, and researchers, which shall, at 5 a minimum, meet requirements established by the 6 Attorney General, in coordination with the Secretary 7 of Health and Human Services; 8 (5) each State agency that administers the 9 PDMP to— 10 (A) proactively analyze data available 11 through the PDMP; and 12 (B) provide reports to law enforcement 13 agencies and prescriber licensing boards de- 14 scribing any prescribing practitioner that re- 15 peatedly fall outside of expected norms or 16 standard practices for the prescribing practi- 17 tioner’s field; and 18 (6) that the data contained in the PDMP of the 19 covered State be made available to other States. 20 (c) NONCOMPLIANCE.—If a covered State fails to 21 comply with subsection (a), the Attorney General or the 22 Secretary of Health and Human Services may withhold 23 grant funds from being awarded to the covered State 24 under the Harold Rogers Prescription Drug Monitoring 25 VerDate Sep 11 2014 02:43 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3974 IH Program established under the Departments of Com- 1 merce, Justice, and State, the Judiciary, and Related 2 Agencies Appropriations Act, 2002 (Public Law 107–77; 3 115 Stat. 748), or under the controlled substance moni- 4 toring program under section 399O of the Public Health 5 Service Act (42 U.S.C. 280g–3). 6 Æ VerDate Sep 11 2014 02:43 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3974.IH H3974 pamtmann on DSKBFK8HB2PROD with BILLS