H.R. 5710 (111th): National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010

Introduced:
Jul 01, 2010 (111th Congress, 2009–2010)
Sponsor:
Rep. Ed Whitfield [R-KY1]
Status:
Died (Passed House)
See Instead:
This bill was re-introduced as H.R. 866 (112th) on Mar 01, 2011.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on September 23, 2010 but was never passed by the Senate.

Progress
Introduced Jul 01, 2010
Referred to Committee Jul 01, 2010
Reported by Committee Jul 28, 2010
Passed House Sep 23, 2010
Votes

House Vote on Passage
Sep 23, 2010 3:44 p.m.
Passed 384/32

Cosponsors
18 cosponsors (10D, 8R) (show)
Committees

House Energy and Commerce

Senate Health, Education, Labor, and Pensions

The committee chair determines whether a bill will move past the committee stage.

Full Title

To amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Sep 24, 2010.
8 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/23/2010--Passed House amended.
National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists.
Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to:
(1) allow grants to be used to maintain and operate existing state controlled substance monitoring programs;
(2) require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees;
(3) require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress; and
(4) expand the program to include any commonwealth or territory of the United States. Authorizes the Drug Enforcement Administration (DEA) or a state medicaid program or state health department receiving nonidentifiable information from a controlled substance monitoring database to make such information available to other entities for research purposes.
Requires a state receiving a grant to:
(1) facilitate prescriber use of the state's controlled substance monitoring system; and
(2) educate prescribers on the benefits of the system both to them and society.
Revises preferences for grants related to drug abuse to authorize the Secretary to give preference to eligible states or tribes that put forth a good faith effort to meet minimum requirements under the controlled substance monitoring program.
Authorizes appropriations for FY2011-FY2013.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/111/2/hr5710.

Background

The National All-Schedules Prescription Electronic Reporting Act (NASPER), enacted in 2005, created a Department of Health and Human Services (HHS) grant program administered by SAMHSA for states to establish prescription drug monitoring programs (PDMPs).  PDMPs track drug prescriptions, with the goal of preventing overuse and illegal diversion.  Approximately 40 states maintain PDMPs or have laws that authorize their establishment.  To be eligible for a NASPER grant, state programs must track drugs that fall under schedules II, III, and IV of the Controlled Substances Act, and must adhere to certain privacy, reporting, and interoperability requirements.

 

The 2005 law authorized $15 million in each of FY2006 and FY2007, and $10 million each year for FY2008 through FY2010.  In FY2009 and in FY2010, Congress appropriated $2 million to support NASPER grants in 13 states.

Summary

H.R. 5710 would amend and reauthorize the controlled substance monitoring program under the Public Health Service Act.  H.R. 5710 would do the following: (1) expand permitted use of funds to include maintaining existing programs, (2) specify that state interoperability plans must include timelines for implementation, and directs the Secretary to monitor such efforts, (3) direct that funds returned by states with terminated grants or programs be redistributed based on the existing allocation formula, (4) require states that are not in compliance with all reporting requirements to submit a plan for entering compliance, (5) establish the requirement that states give the HHS Secretary aggregate data and other information needed to evaluate the success of a state’s program and to fulfill congressional reporting requirements, (6) permit entities receiving nonidentifiable, summary data from a prescription drug monitoring program to make such data available to other entities for research purposes, (7) require states to take certain steps to promote prescriber use of the monitoring system and education on the system’s benefits, (8) clarify language regarding granting preference in certain other programs to states that have prescription drug monitoring programs, and (9) make commonwealths and territories of the United States eligible for NASPER grants. 

The program would be authorized for three years. 

Cost

The Congressional Budget Office estimates that if all funding is authorized, this bill would cost $35 million over 2011-15, which falls within the health budget function.  Pay-go does not apply.   

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

  • Public Law 109-60

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)