§ 1730B. Access to State prescription drug monitoring programs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2018

   Caring for Our Veterans Act of 2018

   Pub. L. 115–182 title I § 134(a) · 132 Stat. 1393

   Enacted · 38 U.S.C. § 1730B

   Added Pub. L. 115–182, title I, § 134(a), June 6, 2018, 132 Stat. 1428

   Source evidence

   Code source credit
   Added Pub. L. 115–182, title I, § 134(a), June 6, 2018, 132 Stat. 1428

   Enacted provision · exact public law section
   (a) In General.— Chapter 17 is amended by inserting after section 1730A the following new section: “§ 1730B. Access to State prescription drug monitoring programs “(a) Access to Programs.— (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 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 such network 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 under this section. “(b) Covered Patients.— 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) Definitions.— 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 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.” .

2. 2018

   Department of Veterans Affairs Expiring Authorities Act of 2018

   Pub. L. 115–251 § 206(1)(A) · 132 Stat. 3166

   Inserted · 38 U.S.C. § 1730B(a)(1)

   Pub. L. 115–251, § 206(1)(A), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–251, § 206(1)(A), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by inserting “, or any individual State or regional prescription drug monitoring program,” after “programs”;

3. 2018

   Department of Veterans Affairs Expiring Authorities Act of 2018

   Pub. L. 115–251 § 206(1)(B) · 132 Stat. 3166

   Substituted · 38 U.S.C. § 1730B(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in paragraph (2)(A), by striking “such network” and inserting “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,”; and

4. 2018

   Department of Veterans Affairs Expiring Authorities Act of 2018

   Pub. L. 115–251 § 206(1)(C) · 132 Stat. 3166

   Inserted · 38 U.S.C. § 1730B(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (C) in paragraph (3), by inserting “, or any individual State or regional prescription drug monitoring program,” after programs; and

5. 2018

   Department of Veterans Affairs Expiring Authorities Act of 2018

   Pub. L. 115–251 § 206(2) · 132 Stat. 3166

   Inserted · 38 U.S.C. § 1730B(c)(2)

   Pub. L. 115–251, § 206(2), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 115–251, § 206(2), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”.

   Enacted provision · exact public law section
   (2) in subsection (c)(2) by inserting “, or any individual State or regional prescription drug monitoring program,” after “programs”.

5 of 5 references resolved to an enrolled provision