#aaeth ,,congress #b;d ,session ,h4 ,r4 #ehab ,,an ,,act ,to amend the ,public ,health ,service ,act to authorize the ,director of the ,centers for ,disease ,control and ,prevention to carry out certain activities to prevent controlled substances overdoses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,creating ,opportunities that ,necessitate ,new and ,enhanced ,connections ,that ,improve ,opioid ,navigation ,strategies ,act of #bjah or the ,,connections ,act4 #b4 ,preventing overdoses of controlled substances ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following new section3 #cii,v-#g4 ,preventing overdoses of controlled substances 7a7 ,evidence-,based prevention grants 7#a7 ,in general ,the ,director of the ,centers for ,disease ,control and ,prevention may-- 7,a7 to the extent practicable1 carry out any evidence-based prevention activity described in paragraph 7#b72 7,b7 provide training and technical assistance to ,states1 localities1 and ,indian tribes for purposes of carrying out any such activity2 and 7,c7 award grants to ,states1 localities1 and ,indian tribes for purposes of carrying out any such activity4 7#b7 ,evidence-based prevention activities ,an evidence-based prevention activity described in this paragraph is any of the following activities3 7,a7 ,with respect to a ,state1 improving the efficiency and use of the ,state prescription drug monitoring program by-- 7i7 encouraging all authorized users 7as specified by the ,state7 to register with and use the program and making the program easier to use2 7ii7 enabling such users to access any updates to information collected by the program in as close to real-time as possible2 7iii7 providing for a mechanism for the program to automatically flag any potential misuse or abuse of controlled substances and any detection of inappropriate prescribing practices relating to such substances2 7iv7 enhancing interoperability between the program and any electronic health records system1 including by integrating the use of electronic health records into the program for purposes of improving clinical decisionmaking2 7v7 continually updating program capabilities to respond to technological innovation for purposes of appropriately addressing a controlled substance overdose epidemic as such epidemic may occur and evolve2 7vi7 facilitating data sharing between the program and the prescription drug monitoring programs of neighboring ,states2 and 7vii7 meeting the purpose of the program established under section #cii,o1 as described in section #cii,o7a74 7,b7 ,achieving community or health system interventions through activities such as-- 7i7 establishing or improving controlled substances prescribing interventions for insurers and health systems2 7ii7 enhancing the use of evidence-based controlled substances prescribing guidelines across sectors and health care settings2 and 7iii7 implementing strategies to align the prescription of controlled substances with the guidelines described in clause 7ii74 7,c7 ,evaluating interventions to better understand what works to prevent overdoses1 including those involving prescription and illicit controlled substances4 7,d7 ,implementing projects to advance an innovative prevention approach with respect to new and emerging public health crises and opportunities to address such crises1 such as enhancing public education and awareness on the risks associated with opioids4 7b7 ,enhanced surveillance of controlled substance overdose grants 7#a7 ,in general ,the ,director of the ,centers for ,disease ,control and ,prevention may-- 7,a7 to the extent practicable1 carry out any controlled substance overdose surveillance activity described in paragraph 7#b72 7,b7 provide training and technical assistance to ,states for purposes of carrying out any such activity2 7,c7 award grants to ,states for purposes of carrying out any such activity2 and 7,d7 coordinate with the ,assistant ,secretary for ,mental ,health and ,substance ,use to collect data pursuant to section #eje7;d77#a77;,a7 7relating to the number of individuals admitted to the emergency rooms of hospitals as a result of the abuse of alcohol or other drugs74 7#b7 ,controlled substance overdose surveillance activities ,a controlled substance overdose surveillance activity described in this paragraph is any of the following activities3 7,a7 ,enhancing the timeliness of reporting data to the public1 including data on fatal and nonfatal overdoses of controlled substances4 7,b7 ,enhancing comprehensiveness of data on controlled substances overdoses by collecting information on such overdoses from appropriate sources such as toxicology reports1 autopsy reports1 death scene investigations1 and other risk factors4 7,c7 ,using data to help identify risk factors associated with controlled substances overdoses4 7,d7 ,with respect to a ,state1 supporting entities involved in providing information to inform efforts within the ,state1 such as by coroners and medical examiners1 to improve accurate testing and reporting of causes and contributing factors to controlled substances overdoses4 7,e7 ,working to enable information sharing regarding controlled substances overdoses among data sources4 7c7 ,definitions ,in this section3 7#a7 ,controlled substance ,the term controlled substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act4 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 7d7 ,authorization of appropriations ,for purposes of carrying out this section and section #cii,o1 there is authorized to be appropriated #dhf1jjj1jjj for each of fiscal years #bjai through #bjbc4 4 #c4 ,prescription drug monitoring program ,section #cii,o of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g-#c7 is amended to read as follows3 #cii,o4 ,prescription drug monitoring program 7a7 ,program 7#a7 ,in general ,each fiscal year1 the ,secretary1 in consultation with the ,director of ,national ,drug ,control ,policy1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 the ,assistant ,secretary for ,mental ,health and ,substance ,use1 and the ,national ,coordinator for ,health ,information ,technology1 shall support ,states for the purpose of improving the efficiency and use of ,p,d,m,ps1 including-- 7,a7 establishment and implementation of a ,,pdmp2 7,b7 maintenance of a ,,pdmp2 7,c7 improvements to a ,,pdmp by-- 7i7 enhancing functional components to work toward-- 7,i7 universal use of ,p,d,m,ps among providers and their delegates1 to the extent that ,state laws allow1 within a ,state2 7,,ii7 more timely inclusion of data within a ,,pdmp2 7,,iii7 active management of the ,,pdmp1 in part by sending proactive or unsolicited reports to providers to inform prescribing2 and 7,,iv7 ensuring the highest level of ease in use and access of ,p,d,m,ps by providers and their delegates1 to the extent that ,state laws allow2 7ii7 improving the intrastate interoperability of ,p,d,m,ps by-- 7,i7 making ,p,d,m,ps more actionable by integrating ,p,d,m,ps within electronic health records and health information technology infrastructure2 and 7,,ii7 linking ,,pdmp data to other data systems within the ,state1 including-- 7aa7 the data of pharmacy benefit managers1 medical examiners and coroners1 and the ,state's ,medicaid program2 7bb7 worker's compensation data2 and 7cc7 prescribing data of providers of the ,department of ,veterans ,affairs and the ,indian ,health ,service within the ,state2 7iii7 improving the interstate interoperability of ,p,d,m,ps through-- 7,i7 sharing of dispensing data in near-real time across ,state lines2 and 7,,ii7 integration of automated queries for multistate ,,pdmp data and analytics into clinical workflow to improve the use of such data and analytics by practitioners and dispensers2 or 7iv7 improving the ability to include treatment availability resources and referral capabilities within the ,,pdmp4 7#b7 ,state legislation ,as a condition on the receipt of support under this section1 the ,secretary shall require a ,state to demonstrate that the ,state has enacted legislation or regulations-- 7,a7 to provide for the implementation of the ,,pdmp2 and 7,b7 to permit the imposition of appropriate penalties for the unauthorized use and disclosure of information maintained by the ,,pdmp4 7b7 ,,pdmp strategies ,the ,secretary shall encourage a ,state1 in establishing1 improving1 or maintaining a ,,pdmp1 to implement strategies that improve-- 7#a7 the reporting of dispensing in the ,state of a controlled substance to an ultimate user so the reporting occurs not later than #bd hours after the dispensing event2 7#b7 the consultation of the ,,pdmp by each prescribing practitioner1 or their designee1 in the ,state before initiating treatment with a controlled substance1 or any substance as required by the ,state to be reported to the ,,pdmp1 and over the course of ongoing treatment for each prescribing event2 7#c7 the consultation of the ,,pdmp before dispensing a controlled substance1 or any substance as required by the ,state to be reported to the ,,pdmp2 7#d7 the proactive notification to a practitioner when patterns indicative of controlled substance misuse by a patient1 including opioid misuse1 are detected2 7#e7 the availability of data in the ,,pdmp to other ,states1 as allowable under ,state law2 and 7#f7 the availability of nonidentifiable information to the ,centers for ,disease ,control and ,prevention for surveillance1 epidemiology1 statistical research1 or educational purposes4 7c7 ,drug misuse and abuse ,in consultation with practitioners1 dispensers1 and other relevant and interested stakeholders1 a ,state receiving support under this section-- 7#a7 shall establish a program to notify practitioners and dispensers of information that will help to identify and prevent the unlawful diversion or misuse of controlled substances2 and 7#b7 may1 to the extent permitted under ,state law1 notify the appropriate authorities responsible for carrying out drug diversion investigations if the ,state determines that information in the ,,pdmp maintained by the ,state indicates an unlawful diversion or abuse of a controlled substance4 7d7 ,evaluation and reporting ,as a condition on receipt of support under this section1 the ,state shall report on interoperability with ,p,d,m,ps of other ,states and ,federal agencies1 where appropriate1 intrastate interoperability with health information technology systems such as electronic health records1 health information exchanges1 and e-prescribing1 where appropriate1 and whether or not the ,state provides automatic1 up-to-date1 or daily information about a patient when a practitioner 7or the designee of a practitioner1 where permitted7 requests information about such patient4 7e7 ,evaluation and reporting ,a ,state receiving support under this section shall provide the ,secretary with aggregate nonidentifiable information1 as permitted by ,state law1 to enable the ,secretary-- 7#a7 to evaluate the success of the ,state's program in achieving the purpose described in subsection 7a72 or 7#b7 to prepare and submit to the ,congress the report required by subsection 7i77#b74 7f7 ,education and access to the monitoring system ,a ,state receiving support under this section shall take steps to-- 7#a7 facilitate prescribers and dispensers1 and their delegates1 as permitted by ,state law1 to use the ,,pdmp1 to the extent practicable2 and 7#b7 educate prescribers and dispensers1 and their delegates on the benefits of the use of ,p,d,m,ps4 7g7 ,electronic format ,the ,secretary may issue guidelines specifying a uniform electronic format for the reporting1 sharing1 and disclosure of information pursuant to ,p,d,m,ps4 7h7 ,rules of construction 7#a7 ,functions otherwise authorized by law ,nothing in this section shall be construed to restrict the ability of any authority1 including any local1 ,state1 or ,federal law enforcement1 narcotics control1 licensure1 disciplinary1 or program authority1 to perform functions otherwise authorized by law4 7#b7 ,additional privacy protections ,nothing in this section shall be construed as preempting any ,state from imposing any additional privacy protections4 7#c7 ,federal privacy requirements ,nothing in this section shall be construed to supersede any ,federal privacy or confidentiality requirement1 including the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia2 #aaj ,stat4 #bjcc7 and section #edc of this ,act4 7#d7 ,no ,federal private cause of action ,nothing in this section shall be construed to create a ,federal private cause of action4 7i7 ,progress report ,not later than #c years after the date of enactment of the ,,connections ,act1 the ,secretary shall-- 7#a7 complete a study that-- 7,a7 determines the progress of ,states in establishing and implementing ,p,d,m,ps consistent with this section2 7,b7 provides an analysis of the extent to which the operation of ,p,d,m,ps has-- 7i7 reduced inappropriate use1 abuse1 diversion of1 and overdose with1 controlled substances2 7ii7 established or strengthened initiatives to ensure linkages to substance use disorder treatment services2 or 7iii7 affected patient access to appropriate care in ,states operating ,p,d,m,ps2 7,c7 determine the progress of ,states in achieving interstate interoperability and intrastate interoperability of ,p,d,m,ps1 including an assessment of technical1 legal1 and financial barriers to such progress and recommendations for addressing these barriers2 7,d7 determines the progress of ,states in implementing near real-time electronic ,p,d,m,ps2 7,e7 provides an analysis of the privacy protections in place for the information reported to the ,,pdmp in each ,state receiving support under this section and any recommendations of the ,secretary for additional ,federal or ,state requirements for protection of this information2 7,f7 determines the progress of ,states in implementing technological alternatives to centralized data storage1 such as peer-to-peer file sharing or data pointer systems1 in ,p,d,m,ps and the potential for such alternatives to enhance the privacy and security of individually identifiable data2 and 7,g7 evaluates the penalties that ,states have enacted for the unauthorized use and disclosure of information maintained in ,p,d,m,ps1 and the criteria used by the ,secretary to determine whether such penalties qualify as appropriate for purposes of subsection 7a77#b72 and 7#b7 submit a report to the ,congress on the results of the study4 7j7 ,advisory council 7#a7 ,establishment ,a ,state may establish an advisory council to assist in the establishment1 improvement1 or maintenance of a ,,pdmp consistent with this section4 7#b7 ,limitation ,a ,state may not use ,federal funds for the operations of an advisory council to assist in the establishment1 improvement1 or maintenance of a ,,pdmp4 7#c7 ,sense of ,congress ,it is the sense of the ,congress that1 in establishing an advisory council to assist in the establishment1 improvement1 or maintenance of a ,,pdmp1 a ,state should consult with appropriate professional boards and other interested parties4 7k7 ,definitions ,for purposes of this section3 7#a7 ,the term controlled substance means a controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act7 in schedule ,,ii1 ,,iii1 or ,,iv of section #bjb of such ,act4 7#b7 ,the term dispense means to deliver a controlled substance to an ultimate user by1 or pursuant to the lawful order of1 a practitioner1 irrespective of whether the dispenser uses the internet or other means to effect such delivery4 7#c7 ,the term dispenser means a physician1 pharmacist1 or other person that dispenses a controlled substance to an ultimate user4 7#d7 ,the term interstate interoperability with respect to a ,,pdmp means the ability of the ,,pdmp to electronically share reported information with another ,state if the information concerns either the dispensing of a controlled substance to an ultimate user who resides in such other ,state1 or the dispensing of a controlled substance prescribed by a practitioner whose principal place of business is located in such other ,state4 7#e7 ,the term intrastate interoperability with respect to a ,,pdmp means the integration of ,,pdmp data within electronic health records and health information technology infrastructure or linking of a ,,pdmp to other data systems within the ,state1 including the ,state's ,medicaid program1 workers' compensation programs1 and medical examiners or coroners4 7#f7 ,the term nonidentifiable information means information that does not identify a practitioner1 dispenser1 or an ultimate user and with respect to which there is no reasonable basis to believe that the information can be used to identify a practitioner1 dispenser1 or an ultimate user4 7#g7 ,the term ,,pdmp means a prescription drug monitoring program that is ,state-controlled4 7#h7 ,the term practitioner means a physician1 dentist1 veterinarian1 scientific investigator1 pharmacy1 hospital1 or other person licensed1 registered1 or otherwise permitted1 by the ,united ,states or the jurisdiction in which the individual practices or does research1 to distribute1 dispense1 conduct research with respect to1 administer1 or use in teaching or chemical analysis1 a controlled substance in the course of professional practice or research4 7#i7 ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and any commonwealth or territory of the ,united ,states4 7#aj7 ,the term ultimate user means a person who has obtained from a dispenser1 and who possesses1 a controlled substance for the person's own use1 for the use of a member of the person's household1 or for the use of an animal owned by the person or by a member of the person's household4 7#aa7 ,the term clinical workflow means the integration of automated queries for prescription drug monitoring programs data and analytics into health information technologies such as electronic health record systems1 health information exchanges1 and_/or pharmacy dispensing software systems1 thus streamlining provider access through automated queries4 4 ,passed the ,house of ,representatives ,june #ab1 #bjah4;,clerk4