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

Summary

Licensed health care providers who work for the Department, and the people or computer systems they supervise, must be allowed to check and get data from State prescription drug monitoring programs or the national system that links them. They must follow Veterans Health Administration rules when they check these programs to help prescribe controlled drugs safely. No State may block their access or take away or refuse a license, registration, or certification because they checked or tried to check the programs. Controlled substance — as defined in the Controlled Substances Act (21 U.S.C. 802(6)). Delegate — a person or automated system that checks the program under a provider’s direction or supervision. Licensed health care provider — a Department employee licensed in any State to prescribe or fill medicines within their job. National network — a nationwide system that shares State monitoring data across State lines. State — a State or its 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”.

§1730B Access to State Prescription Drug Monitoring Programs

Summary

Title 38, §1730B

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata