1ST CONGRESS

1ST SESSION

H.R. 19
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DECEMBER, 31, 2012

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Controlled substance - a substance listed in Schedule I, II, III, or IV determined by the Controlled Substances Act. (21 U.S.C. 801 et seq.) Authorized Users physicians, pharmacists, and law Addiction - the fact or condition of being addicted to a particular substance, thing, or activity.

To Create a Federal Prescription Drug Monitoring Program.

IN THE HOUSE OF REPRESENTATIVES

Mr. MENZLER introduced the following bill; which was referred to the Committee on Education and Workforce for a period to be subsequently determined by the Speaker, for consideration of such provisions as fall within the jurisdiction of the committee concerned.

enforcement agencies that are able to monitor prescriptions and identify any signs of prescription abuse.

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A BILL
To Create a Federal Prescription Drug Monitoring Program.

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Law enforcement agency - a law enforcement agency of the Federal Government which enforces the laws of any state or the Drug Diversion the use of prescription drugs for recreational purposes. Doctor Shopping - the practice of a patient requesting care from multiple physicians, often simultaneously, without making efforts to coordinate care or informing the physicians of the multiple caregivers. This usually stems from a patient's Dispenser - a pharmacy, dispensing pharmacist, or dispensing health care practitioner.

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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" SEC. 2. Definitions Active investigation - an investigation that is being conducted with a reasonable, good faith belief that it could lead to the filing of administrative, civil, or criminal proceedings, or that is ongoing and continuing and for which there is a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future.

addiction to, or reliance on, certain prescription drugs or other medical treatment.

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Schedule I Controlled Substance - Substances that have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. (LSD), (Examples: marijuana heroin, lysergic acid Prescription Drug Monitoring Programs (PDMP) - a PDMP is a statewide electronic database that collects designated data on substances dispensed in the state. Prescription Drug a drug that can be obtained only by means of a physicians prescription. Prescriber - a prescribing physician, prescribing practitioner, or other prescribing health care practitioner. Pharmacy - any pharmacy that is subject to licensure or regulation by the department under chapter 465 and that dispenses or delivers a controlled substance to an individual or address in this state. Opiate Pain Relievers - any synthetic narcotic that has opiatelike activities but is not derived from opium. United States relating to controlled substances, and which its agents and officers are empowered by law to conduct criminal investigations and make arrests.

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Section 3: Background Schedule IV Controlled Substance Substances in this schedule have a low potential for abuse relative to substances in Schedule III. (Examples: alprazolam (Xanax), carisoprodol (Soma), clonazepam (Klonopin), clorazepate (Tranxene), Schedule II Controlled Substance Substances that have a high potential for or abuse, physical which may lead to severe methaqualone, ("Ecstasy"). and 3,4-methylenedioxymethamphetamine

psychological

dependence.

(Examples:

hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl. Other Schedule II narcotics include: morphine, opium, and codeine). Schedule III Controlled Substance Substances that have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. (Examples: combination

products containing less than 15 milligrams of hydrocodone per dosage unit (Vicodin), products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone).

diazepam (Valium), lorazepam (Ativan), midazolam (Versed), temazepam (Restoril), and triazolam (Halcion).

diethylamide

(cannabis),

peyote,

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Prescription drug abuse has been described as an epidemic in the United States by the Centers for Disease and Control. Seven million individuals aged 12 or older (2.7% of this population) were current nonmedical users of prescriptionor psychotherapeuticdrugs in 2010. Over 1 million emergency department visits involved nonmedical use of pharmaceuticals in 2010. In 2008, a total of 36,450 deaths were attributed to drug overdose, a rate of 11.9 per 100,000 population, among which a drug was specified in 27,153 (74.5%) of those deaths. One or more prescription drugs were involved in 20,044 (73.8%) of the 27,153 deaths, and Opiate Pain Relievers were involved in 14,800 (73.8%) of the 20,044 prescription drug overdose deaths. Individuals will use the practice of doctor shopping to obtain mass amounts of controlled substances due to their addiction. Currently PDMPs are only implemented within states that pass their own legislation. 37 states have operational PDMPs that have the capacity to receive and distribute controlled substance prescription information to

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Section 7: Penalties Section 6: Enforcement The Drug Enforcement Administrations Office of Diversion Control, in tandem with the United States Attorney Generals Office, will oversee enforcement. Authorized users as defined above will be given access to the database for any active investigation. Section 5: Funding Funding for the program would come from the Department of Justices budget received every fiscal year. Funding for this bill currently exist through the Harold Rogers Prescription Drug Monitoring Program (HRPDMP) which is administered by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, to provide assistance for the drug monitoring programs. As of FY 2011, the HRPDMP funding is approximately $5.6 million. designated by the Controlled Substance Act including Schedules I, II, III, and IV drugs. Section 4: Reporting Dispensers, practitioners, prescribers and pharmacies would have to generate bi-weekly reports to electronically file with the Drug Enforcement Administration. These reports can be

generated straight from the database and sent electronically to the Agency.

authorized users. Departments maintain the databases within the state designated by the legislature. A Federal PDMP would eliminate the current systems and form one giant database. PDMPs would allow dispensers, practitioners, prescribers and pharmacies the ability to monitor a patients prescriptions to ensure the substances are not being abused. If abuse were suspected, it would be the duty of these individuals to report the activity to the overseeing law enforcement agency. The Federal PDMP would be responsible to monitor all drugs

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Section 8: Enactment Date This bill will go into effect one (1) year after passage. Penalties should be enforced under Title 21 of the United States Code: Controlled Substance Act under Section 844: Penalties for Simple Possession and Section 844(a): Civil Penalty for Possession of Small Amounts of Certain Controlled Substances.