[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5228 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5228
To require the use of prescription drug monitoring programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Ms. Klobuchar (for herself, Mr. King, and Mr. Manchin) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the use of prescription drug monitoring programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Monitoring Act of
2024''.
SEC. 2. REQUIRING THE USE OF PRESCRIPTION DRUG MONITORING PROGRAMS.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Covered state.--The term ``covered State'' means a
State that receives funding under 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), or under the controlled substance monitoring
program under section 399O of the Public Health Service Act (42
U.S.C. 280g-3).
(3) Dispenser.--The term ``dispenser''--
(A) means a person licensed or otherwise authorized
by a State to deliver a prescription drug product to a
patient or an agent of the patient; and
(B) does not include a person involved in oversight
or payment for prescription drugs.
(4) PDMP.--The term ``PDMP'' means a prescription drug
monitoring program.
(5) Practitioner.--The term ``practitioner'' means a
practitioner registered under section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or
dispense controlled substances.
(6) State.--The term ``State'' means each of the several
States and the District of Columbia.
(b) Requirements.--Beginning 1 year after the date of enactment of
this Act, each covered State shall require--
(1) each prescribing practitioner within the covered State
or their designee, who shall be licensed or registered health
care professionals or other employees who report directly to
the practitioner, to consult the PDMP of the covered State
before initiating treatment with a prescription for a
controlled substance listed in schedule II, III, or IV of
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)), and every 3 months thereafter as long as the treatment
continues;
(2) the PDMP of the covered State to provide proactive
notification to a practitioner when patterns indicative of
controlled substance misuse, including opioid misuse, are
detected;
(3) each dispenser within the covered State to report each
prescription for a controlled substance dispensed by the
dispenser to the PDMP not later than 24 hours after the
controlled substance is dispensed to the patient;
(4) that the PDMP make available a quarterly de-identified
data set and an annual report for public and private use,
including use by health care providers, health plans and health
benefits administrators, State agencies, and researchers, which
shall, at a minimum, meet requirements established by the
Attorney General, in coordination with the Secretary of Health
and Human Services;
(5) each State agency that administers the PDMP to--
(A) proactively analyze data available through the
PDMP; and
(B) provide reports to law enforcement agencies and
prescriber licensing boards describing any prescribing
practitioner that repeatedly fall outside of expected
norms or standard practices for the prescribing
practitioner's field; and
(6) that the data contained in the PDMP of the covered
State be made available to other States.
(c) Noncompliance.--If a covered State fails to comply with
subsection (a), the Attorney General or the Secretary of Health and
Human Services may withhold grant funds from being awarded to the
covered State under 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), or under the controlled substance
monitoring program under section 399O of the Public Health Service Act
(42 U.S.C. 280g-3).
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