HR 1132 · 109th Congress 2005–2007, ended

National All Schedules Prescription Electronic Reporting Act of 2005

Introduced Mar 3, 2005 Originated House Became Public Law 109-60 Sponsor Ed Whitfield R-KY

Fact sheet Spreadsheet

Latest action · Aug 11, 2005 Became Public Law No: 109-60.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 3, 2005
  2. Passed HouseJul 27, 2005
  3. Passed SenateJul 29, 2005
  4. To the PresidentAug 4, 2005
  5. Became lawAug 11, 2005Public Law 109-60

Summary

(This measure has not been amended since it was passed by the House on July 27, 2005. The summary of that version is repeated here.)

National All Schedules Prescription Electronic Reporting Act of 2005 - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to establish a controlled substance monitoring program in each state or to improve existing state programs. Sets forth a formula for determining grant amounts, which includes a ratio of pharmacies in a state to the number of pharmacies in all states.

Requires the Secretary to establish minimum requirements for criteria to be used by states for information security, uniform electronic formats for reporting information, database access and accuracy, and the use and disclosure of information.

Requires a state to submit a grant application that includes: (1) an agreement to adopt health information interoperability standards; (2) penalties for the unauthorized use and disclosure of information; (3) information that demonstrates that the state has enacted legislation or regulations permitting the implementation of such a monitoring program and the imposition of penalties; and (4) a description of the manner by which interoperability will be achieved with a program in a bordering state. Provides for the return of grant funds if a state ceases implementation or improvement of its program.

Requires an approved state to: (1) require a dispenser to report within one week of each dispensing of a controlled substance to an ultimate user; (2) report information in an electronic format specified by the Secretary; (3) establish and maintain a searchable electronic database; and (4) take security measures to protect database integrity. Allows the Secretary to make certain exceptions to the reporting requirements.

Allows a state to disclose information from the database and summary statistics in response to certain requests by: (1) medical practitioners; (2) law enforcement, narcotics control, licensure, disciplinary, or program authorities; (3) the controlled substance monitoring program of another state; and (4) agents of the Department of Health and Human Services (HHS), state Medicaid programs, state health departments, or the Drug Enforcement Agency (DEA).

Requires an approved state to establish a program to notify practitioners and dispensers of information that will help identify and prevent the unlawful diversion or misuse of controlled substances. Allows a state to notify the appropriate authorities if information in the database indicates such diversion or abuse.

Directs the Secretary to specify a uniform electronic format for the reporting, sharing, and disclosure of information.

Requires the Secretary to: (1) determine whether the implementation of such monitoring programs has had a substantial negative impact on patient access to treatment or enrollment in research or clinical trials; and (2) identify additional appropriate categories of exclusion from reporting to the extent that there has been such a negative impact.

Directs the Secretary to study and report to Congress on such monitoring programs, including: (1) state progress in implementing such programs; (2) the effect of such programs on inappropriate use, abuse, or diversion of controlled substances or on access to appropriate pain care; (3) interoperability of state programs; (4) the feasibility of implementing a real-time electronic controlled substance monitoring program; (5) privacy protections for program information; (6) the feasibility of implementing technological alternatives to centralized data storage; and (7) state penalties for unauthorized use and disclosure of program information.

Requires the Secretary to give preference to approved states in awarding any competitive grants related to drug abuse.

Allows a state to establish an advisory council to assist in the establishment, implementation, or improvement of such a monitoring program.

Authorizes appropriations.

Cosponsors 34

Members who signed on, in the order they did. Signatures ran from Mar 3, 2005 to Jun 28, 2005; 3 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-GACharles W. NorwoodOriginalMar 3, 2005
D-NJFrank Pallone, Jr.OriginalMar 3, 2005
D-OHTed StricklandOriginalMar 3, 2005
D-MDAlbert Russell WynnApr 26, 2005
D-MIBart StupakApr 26, 2005
D-KYBen ChandlerApr 26, 2005
R-LABobby JindalApr 26, 2005
D-ILBobby L. RushApr 26, 2005
D-TXCharles A. GonzalezApr 26, 2005
R-MSCharles W. "Chip" PickeringApr 26, 2005
R-CTChristopher ShaysApr 26, 2005
D-MIDale E. KildeeApr 26, 2005
D-VIDonna M. ChristensenApr 26, 2005
R-ILJohn ShimkusApr 26, 2005
R-CAMary BonoApr 26, 2005
Show all 34 cosponsors

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Mar 3, 2005Markup Jul 20, 2005Reported Jul 27, 2005
Health Subcommittee
Referred Mar 22, 2005Markup Jun 22, 2005Reported Jun 22, 2005

Actions 21

Everything that happened, newest first.

  1. Aug 11, 2005Signed by President.
  2. Aug 11, 2005Became Public Law No: 109-60.
  3. Aug 4, 2005Presented to President.
  4. Aug 2, 2005Message on Senate action sent to the House.
  5. Jul 29, 2005Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent. (consideration: CR S9584)
Show all 21 actions

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1989Ed Whitfield R-KYSep 29, 2005
ExtensionsDebate and remarks E1811Frank Pallone, Jr. D-NJSep 8, 2005
SenateDebate and remarks S9584Edward M. Kennedy D-MA, William H. Frist R-TNJul 29, 2005
HouseDebate and remarks H6681–H6686Text printed H6681–H6683Bart Stupak D-MI, Charles W. Norwood R-GA, Ed Whitfield R-KY, Edward J. Markey D-MA, Frank Pallone, Jr. D-NJ, Nathan Deal R-GA, Sherrod Brown D-OHJul 27, 2005
ExtensionsDebate and remarks E691Charles W. Norwood R-GAApr 19, 2005

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Jul 26, 2005H.R. 1132, National All Schedules Prescription Electronic Reporting Act of 2005<p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on July 20, 2005 </p>
  2. Jul 26, 2005H.R. 1132, National All Schedules Prescription Electronic Reporting Act of 2005Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on July 20, 2005

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 109-48DATA SECURITY: THE DISCUSSION DRAFT OF DATA PROTECTION LEGISLATION59 pagesEnergy and Commerce CommitteeJul 28, 2005

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 5

Products on other subjects that cite it, usually among other measures.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 518National All Schedules Prescription Electronic Reporting Act of 2005Related billJul 29, 2005

Titles 6

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To provide for the establishment of a controlled substance monitoring program in each State.
Short Titles as Introduced
National All Schedules Prescription Electronic Reporting Act of 2005
Short Titles as Reported to House
National All Schedules Prescription Electronic Reporting Act of 2005
Short Titles as Passed House
National All Schedules Prescription Electronic Reporting Act of 2005
Short Titles as Passed Senate
National All Schedules Prescription Electronic Reporting Act of 2005
Short Titles as Enacted
National All Schedules Prescription Electronic Reporting Act of 2005

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Jul 28, 2005Received in Senate
  3. Jul 27, 2005Engrossed in House
  4. Jul 27, 2005Reported in House
  5. Mar 3, 2005Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.