1 So in original. Probably should be “determines”.
the progress of grantees in achieving interstate interoperability and intrastate interoperability of PDMPs, including an assessment of technical, legal, and financial barriers to such progress and recommendations for addressing these barriers;
Editorial Notes
References in Text

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (h)(3), is section 264(c) of Puspan. L. 104–191, which is set out as a note under section 1320d–2 of this title.

Codification

Another section 399O of act July 1, 1944, was renumbered section 399P and is classified to section 280g–4 of this title.

Amendments

2018—Puspan. L. 115–271 amended section generally. Prior to amendment, section related to grants for State controlled substance monitoring programs.

2016—Subsec. (a)(1). Puspan. L. 114–198, § 109(span)(1)(A), inserted “, in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration and Director of the Centers for Disease Control and Prevention,” after “the Secretary” in introductory provisions.

Subsec. (a)(1)(C). Puspan. L. 114–198, § 109(span)(1)(B)–(D), added subpar. (C).

Subsec. (span). Puspan. L. 114–198, § 109(span)(2), amended subsec. (span) generally. Prior to amendment, text read as follows: “Prior to awarding a grant under this section, and not later than 6 months after the date on which funds are first appropriated to carry out this section, after seeking consultation with States and other interested parties, the Secretary shall, after publishing in the Federal Register proposed minimum requirements and receiving public comments, establish minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A) of this section.”

Subsec. (c)(1)(A)(iv). Puspan. L. 114–198, § 109(span)(9), substituted “subsection (i)” for “subsection (h)”.

Subsec. (c)(1)(B). Puspan. L. 114–198, § 109(span)(3)(A)(i), substituted “(a)(1)(B) or (a)(1)(C)” for “(a)(1)(B)” in introductory provisions.

Subsec. (c)(1)(B)(i). Puspan. L. 114–198, § 109(span)(3)(A)(ii), substituted “program to be improved or maintained” for “program to be improved”.

Subsec. (c)(1)(B)(iii). Puspan. L. 114–198, § 109(span)(3)(A)(iv), added cl. (iii). Former cl. (iii) redesignated (iv).

Subsec. (c)(1)(B)(iv). Puspan. L. 114–198, § 109(span)(3)(A)(iii), (v), redesignated cl. (iii) as (iv) and substituted “and at least one health information technology system such as electronic health records, health information exchanges, or e-prescribing systems;” for “; and”. Former cl. (iv) redesignated (v).

Subsec. (c)(1)(B)(v). Puspan. L. 114–198, § 109(span)(3)(A)(iii), (vi), redesignated cl. (iv) as (v) and substituted “public health or safety in such State; and” for “public health in such State.”

Subsec. (c)(1)(B)(vi). Puspan. L. 114–198, § 109(span)(3)(A)(vii), added cl. (vi).

Subsec. (c)(3). Puspan. L. 114–198, § 109(span)(3)(B), designated existing provisions as subpar. (A) and inserted heading, inserted before period at end “and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for the implementation of such interoperability”, and added subpar. (B).

Subsec. (c)(5). Puspan. L. 114–198, § 109(span)(3)(C), substituted “establish, improve, or maintain” for “implement or improve” and inserted at end “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).”

Subsec. (d). Puspan. L. 114–198, § 109(span)(4)(A), in introductory provisions, substituted “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)” for “In implementing or improving a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subsection (a)(1)(B)” and “public health or safety” for “public health”.

Subsec. (d)(4). Puspan. L. 114–198, § 109(span)(9), substituted “subsection (i)” for “subsection (h)”.

Subsec. (d)(5). Puspan. L. 114–198, § 109(span)(4)(B), added par. (5).

Subsecs. (e), (f)(1). Puspan. L. 114–198, § 109(span)(5), substituted “establishing, improving, or maintaining” for “implementing or improving” in introductory provisions.

Subsec. (f)(1)(B). Puspan. L. 114–198, § 109(span)(6)(A)(i), substituted “misuse of a controlled substance included in schedule II, III, or IV of section 812(c) of title 21” for “misuse of a schedule II, III, or IV substance”.

Subsec. (f)(1)(D). Puspan. L. 114–198, § 109(span)(6)(A)(ii), inserted “a State substance abuse agency,” after “State health department,” and substituted “such department, program, agency, or administration” for “such department, program, or administration” in two places.

Subsec. (f)(3), (4). Puspan. L. 114–198, § 109(span)(6)(B), added pars. (3) and (4).

Subsec. (g). Puspan. L. 114–198, § 109(span)(5), substituted “establishing, improving, or maintaining” for “implementing or improving” in introductory provisions.

Subsecs. (h) to (j). Puspan. L. 114–198, § 109(span)(8), (10), added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively. Former subsec. (j) redesignated (k).

Subsec. (k). Puspan. L. 114–198, § 109(span)(7), (8), redesignated subsec. (j) as (k) and struck out former subsec. (k). Prior to amendment, text of subsec. (k) read as follows: “Beginning 3 years after the date on which funds are first appropriated to carry out this section, the Secretary, in awarding any competitive grant that is related to drug abuse (as determined by the Secretary) and for which only States are eligible to apply, shall give preference to any State with an application approved under this section. The Secretary shall have the discretion to apply such preference to States with existing controlled substance monitoring programs that meet minimum requirements under this section or to States that put forth a good faith effort to meet those requirements (as determined by the Secretary).”

Subsec. (k)(2)(A)(ii). Puspan. L. 114–198, § 109(span)(11)(A), substituted “, established or strengthened initiatives to ensure linkages to substance use disorder services, or affected” for “or affected”.

Subsec. (k)(2)(A)(iii). Puspan. L. 114–198, § 109(span)(11)(B), substituted “and between controlled substance monitoring programs and health information technology systems, including an assessment” for “including an assessment”.

Subsec. (l)(1). Puspan. L. 114–198, § 109(span)(12), substituted “establishment, improvement, or maintenance” for “establishment, implementation, or improvement”.

Subsec. (m)(8). Puspan. L. 114–198, § 109(span)(13), substituted “, the District of Columbia, and any commonwealth or territory of the United States” for “and the District of Columbia”.

Subsec. (n). Puspan. L. 114–198, § 109(span)(14), amended subsec. (n) generally. Prior to amendment, subsec. (n) authorized appropriations for fiscal years 2006 to 2010.

Statutory Notes and Related Subsidiaries
Purpose

Puspan. L. 109–60, § 2, Aug. 11, 2005, 119 Stat. 1979, as amended by Puspan. L. 114–198, title I, § 109(a), July 22, 2016, 130 Stat. 706, provided that: “It is the purpose of this Act [enacting this section and provisions set out as a note under section 201 of this title] to—

“(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that 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
“(2) establish, based on the experiences of existing State controlled substance monitoring programs, a set of best practices to guide the establishment of new State programs and the improvement of existing programs.”