§1730B — Title 38 Veterans' Benefits | U.S. Code

§1730B Access to State prescription drug monitoring programs

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 17— - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE › Subchapter SUBCHAPTER III— - MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS › § 1730B

Last updated Apr 6, 2026|Official source

Summary

Licensed health care providers who work for the Department and the people or systems they supervise are allowed to use state prescription drug monitoring programs and the national network that links them. They must check those programs under Veterans Health Administration rules when prescribing controlled drugs to covered patients. States may not block their access. States also may not take away or punish a provider’s license, registration, or certification just because the provider checked or tried to check these monitoring systems. Covered patient: someone getting a prescription for a controlled substance who is not in palliative or hospice care. Controlled substance: as defined in 21 U.S.C. 802(6). Delegate: a person or automated system acting under a provider’s direction. Licensed health care provider: a Department employee licensed in any State to prescribe or fill medicines for their job. National network: the system that shares PDMP data across States. State: as defined in section 101(20) of this title or a political subdivision.

Title 38, §1730B

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)Any licensed health care provider or delegate of such a provider shall be considered an authorized recipient or user for the purpose of querying and receiving data from the national network of State-based prescription drug monitoring programs, or any individual State or regional prescription drug monitoring program, to support the safe and effective prescribing of controlled substances to covered patients.

(2)Under the authority granted by paragraph (1)—

(A)licensed health care providers or delegates of such providers shall query the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program, in accordance with applicable regulations and policies of the Veterans Health Administration; and

(B)notwithstanding any general or specific provision of law, rule, or regulation of a State, no State may restrict the access of licensed health care providers or delegates of such providers from accessing that State’s prescription drug monitoring programs.

(3)No State shall deny or revoke the license, registration, or certification of a licensed health care provider or delegate who otherwise meets that State’s qualifications for holding the license, registration, or certification on the basis that the licensed health care provider or delegate queried or received data, or attempted to query or receive data, from the national network of State-based prescription drug monitoring programs, or any individual State or regional prescription drug monitoring program, under this section.

(b)For purposes of this section, a covered patient is a patient who—

(1)receives a prescription for a controlled substance; and

(2)is not receiving palliative care or enrolled in hospice care.

(c)In this section:

(1)The term “controlled substance” has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).

(2)The term “delegate” means a person or automated system accessing the national network of State-based prescription monitoring programs, or any individual State or regional prescription drug monitoring program, at the direction or under the supervision of a licensed health care provider.

(3)The term “licensed health care provider” means a health care provider employed by the Department who is licensed, certified, or registered within any State to fill or prescribe medications within the scope of his or her practice as a Department employee.

(4)The term “national network of State-based prescription monitoring programs” means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.

(5)The term “State” means a State, as defined in section 101(20) of this title, or a political subdivision of a State.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(1). Pub. L. 115–251, § 206(1)(A), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”. Subsec. (a)(2)(A). Pub. L. 115–251, § 206(1)(B), substituted “the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program,” for “such network”. Subsec. (a)(3). Pub. L. 115–251, § 206(1)(C), which directed “inserting ‘, or any individual State or regional prescription drug monitoring program,’ after programs”, was executed by inserting the quoted text after “programs” as if that word had been enclosed in quotation marks in the directory language, to reflect the probable intent of Congress. Subsec. (c)(2). Pub. L. 115–251, § 206(2), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”.