text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``National All Schedules Prescription 
  Electronic Reporting Reauthorization Act of 2010''.
  
  SEC. 2. AMENDMENT TO PURPOSE.
  
      Paragraph (1) of section 2 of the National All Schedules 
  Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is 
  amended to read as follows:
              ``(1) foster the establishment of State-administered 
          controlled substance monitoring systems in order to ensure 
          that--
                      ``(A) health care providers have access to the 
                  accurate, timely prescription history information that 
                  they may use as a tool for the early identification of 
                  patients at risk for addiction in order to initiate 
                  appropriate medical interventions and avert the tragic 
                  personal, family, and community consequences of 
                  untreated addiction; and
                      ``(B) 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; and''.
  
  SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM.
  
      Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is 
  amended--
              (1) in subsection (a)(1)--
                      (A) in subparagraph (A), by striking ``or'';
                      (B) in subparagraph (B), by striking the period at 
                  the end and inserting ``; or''; and
                      (C) by adding at the end the following:
                      ``(C) to maintain and operate an existing State-
                  controlled substance monitoring program.'';
              (2) by amending subsection (b) to read as follows:
      ``(b) Minimum Requirements.--The Secretary shall maintain and, as 
  appropriate, supplement or revise (after publishing proposed additions 
  and revisions in the Federal Register and receiving public comments 
  thereon) minimum requirements for criteria to be used by States for 
  purposes of clauses (ii), (v), (vi), and (vii) of subsection 
  (c)(1)(A).'';
              (3) in subsection (c)--
                      (A) in paragraph (1)(B)--
                              (i) in the matter preceding clause (i), by 
                          striking ``(a)(1)(B)'' and inserting 
                          ``(a)(1)(B) or (a)(1)(C)'';
                              (ii) in clause (i), by striking ``program 
                          to be improved'' and inserting ``program to be 
                          improved or maintained''; and
                              (iii) in clause (iv), by striking ``public 
                          health'' and inserting ``public health or 
                          public safety'';
                      (B) in paragraph (3)--
                              (i) by striking ``If a State that submits'' 
                          and inserting the following:
                      ``(A) In general.--If a State that submits'';
                              (ii) by inserting before the period at the 
                          end ``and include timelines for full 
                          implementation of such interoperability''; and
                              (iii) by adding at the end the following:
                      ``(B) Monitoring of efforts.--The Secretary shall 
                  monitor State efforts to achieve interoperability, as 
                  described in subparagraph (A).'';
                      (C) in paragraph (5)--
                              (i) by striking ``implement or improve'' 
                          and inserting ``establish, improve, or 
                          maintain''; and
                              (ii) by adding at the end the following: 
                          ``The Secretary shall redistribute any funds 
                          that are so returned among the remaining 
                          grantees under this section in accordance with 
                          the formula described in subsection 
                          (a)(2)(B).'';
              (4) in the matter preceding paragraph (1) in subsection 
          (d), by striking ``In implementing or improving'' and all that 
          follows through ``(a)(1)(B)'' and inserting ``In establishing, 
          improving, or maintaining a controlled substance monitoring 
          program under this section, a State shall comply, or with 
          respect to a State that applies for a grant under subparagraph 
          (B) or (C) of subsection (a)(1)'';
              (5) in subsections (e), (f)(1), and (g), by striking 
          ``implementing or improving'' each place it appears and 
          inserting ``establishing, improving, or maintaining'';
              (6) in subsection (f)--
                      (A) in paragraph (1)(B) by striking ``misuse of a 
                  schedule II, III, or IV substance'' and inserting 
                  ``misuse of a controlled substance included in schedule 
                  II, III, or IV of section 202(c) of the Controlled 
                  Substance Act''; and
                      (B) by adding at the end the following:
              ``(3) Evaluation and reporting.--Subject to subsection (g), 
          a State receiving a grant under subsection (a) shall provide 
          the Secretary with aggregate data and other information 
          determined by the Secretary to be necessary to enable the 
          Secretary--
                      ``(A) to evaluate the success of the State's 
                  program in achieving its purposes; or
                      ``(B) to prepare and submit the report to Congress 
                  required by subsection (k)(2).
              ``(4) Research by other entities.--A department, program, 
          or administration receiving nonidentifiable information under 
          paragraph (1)(D) may make such information available to other 
          entities for research purposes.'';
              (7) by redesignating subsections (h) through (n) as 
          subsections (i) through (o), respectively;
              (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking 
          ``subsection (h)'' each place it appears and inserting 
          ``subsection (i)'';
              (9) by inserting after subsection (g) the following:
      ``(h) Education and Access to the Monitoring System.--A State 
  receiving a grant under subsection (a) shall take steps 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.'';
              (10) by amending subsection (l), as redesignated, to read 
          as follows:
      ``(l) Preference.--Beginning 3 years after the date on which funds 
  are first appropriated to carry out this section, the Secretary, in 
  awarding any competitive grant under title V that is related to drug 
  abuse (as determined by the Secretary) and for which only States or 
  tribes are eligible to apply, may give preference to eligible States 
  with applications approved under this section, to eligible States or 
  tribes with existing controlled substance monitoring programs that meet 
  minimum requirements under this section, or to eligible States or 
  tribes that put forth a good faith effort to meet those requirements 
  (as determined by the Secretary).''.
              (11) in subsection (m)(1), as redesignated, by striking 
          ``establishment, implementation, or improvement'' and inserting 
          ``establishment, improvement, or maintenance'';
              (12) in subsection (n)(8), as redesignated, by striking 
          ``and the District of Columbia'' and inserting ``, the District 
          of Columbia, and any commonwealth or territory of the United 
          States''; and
              (13) by amending subsection (o), as redesignated, to read 
          as follows:
      ``(o) Authorization of Appropriations.--To carry out this section, 
  there are authorized to be appropriated $15,000,000 for fiscal year 
  2011 and $10,000,000 for each of fiscal years 2012 and 2013.''.
  
              Passed the House of Representatives September 23, 2010.
  
              Attest:
  
                                              LORRAINE C. MILLER,
  
                                                                   Clerk.
target: 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.
feat_title: To amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act.