National All Schedules Prescription Electronic Reporting Act of 2005
Public Law 109-60 · H.R. 1132 · 109th Congress · began in the House
Signed by George W. Bush (R) on Aug 11, 2005 · Health
Sponsor: Rep. Ed Whitfield (R-KY-1)
Cosponsors (34): Rep. Frank Pallone, Rep. Charlie Norwood,
Passage votes
- HouseVoice vote
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
National All Schedules Prescription Electronic Reporting Act of 2005 - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to establish a controlled substance monitoring program in each state or to improve existing state programs. Sets forth a formula for determining grant amounts, which includes a ratio of pharmacies in a state to the number of pharmacies in all states.
Requires the Secretary to establish minimum requirements for criteria to be used by states for information security, uniform electronic formats for reporting information, database access and accuracy, and the use and disclosure of information.
Requires a state to submit a grant application that includes: (1) an agreement to adopt health information interoperability standards; (2) penalties for the unauthorized use and disclosure of information; (3) information that demonstrates that the state has enacted legislation or regulations permitting the implementation of such a monitoring program and the imposition of penalties; and (4) a description of the manner by which interoperability will be achieved with a program in a bordering state. Provides for the return of grant funds if a state ceases implementation or improvement of its program.
Requires an approved state to: (1) require a dispenser to report within one week of each dispensing of a controlled substance to an ultimate user; (2) report information in an electronic format specified by the Secretary; (3) establish and maintain a searchable electronic database; and (4) take security measures to protect database integrity. Allows the Secretary to make certain exceptions to the reporting requirements.
Allows a state to disclose information from the database and summary statistics in response to certain requests by: (1) medical practitioners; (2) law enforcement, narcotics control, licensure, disciplinary, or program authorities; (3) the controlled substance monitoring program of another state; and (4) agents of the Department of Health and Human Services (HHS), state Medicaid programs, state health departments, or the Drug Enforcement Agency (DEA).
Requires an approved state to establish a program to notify practitioners and dispensers of information that will help identify and prevent the unlawful diversion or misuse of controlled substances. Allows a state to notify the appropriate authorities if information in the database indicates such diversion or abuse.
Directs the Secretary to specify a uniform electronic format for the reporting, sharing, and disclosure of information.
Requires the Secretary to: (1) determine whether the implementation of such monitoring programs has had a substantial negative impact on patient access to treatment or enrollment in research or clinical trials; and (2) identify additional appropriate categories of exclusion from reporting to the extent that there has been such a negative impact.
Directs the Secretary to study and report to Congress on such monitoring programs, including: (1) state progress in implementing such programs; (2) the effect of such programs on inappropriate use, abuse, or diversion of controlled substances or on access to appropriate pain care; (3) interoperability of state programs; (4) the feasibility of implementing a real-time electronic controlled substance monitoring program; (5) privacy protections for program information; (6) the feasibility of implementing technological alternatives to centralized data storage; and (7) state penalties for unauthorized use and disclosure of program information.
Requires the Secretary to give preference to approved states in awarding any competitive grants related to drug abuse.
Allows a state to establish an advisory council to assist in the establishment, implementation, or improvement of such a monitoring program.
Authorizes appropriations.
Committees
The committees the bill was sent to, and what each did with it.
Energy and Commerce Committee · House · markup by, referred to, reported bySubcommittee: Health Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
1 bill the Library of Congress relates to this one.
S. 518Related bill
National All Schedules Prescription Electronic Reporting Act of 2005
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 21 actions.
- Aug 11, 2005Became lawBecame law · Became Public Law No: 109-60.
- Became lawBecame law · Signed by President.
- Aug 4, 2005FloorFloor · Presented to President.
- Aug 2, 2005FloorFloor · Message on Senate action sent to the House.
- Jul 29, 2005FloorFloor · Passed Senate without amendment by Unanimous Consent.
- OtherOther · Cleared for White House.
- Jul 28, 2005CommitteeCommittee · Received in the Senate, read twice.
- Jul 27, 2005FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 1132.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · Mr. Deal (GA) moved to suspend the rules and pass the bill, as amended.
- CalendarCalendar · Placed on the Union Calendar, Calendar No. 115.
- CommitteeCommittee · Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-191.
- Jul 20, 2005CommitteeCommittee · Ordered to be Reported (Amended) by Voice Vote.
- CommitteeCommittee · Committee Consideration and Mark-up Session Held.
- Jun 22, 2005CommitteeCommittee · Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
- CommitteeCommittee · Subcommittee Consideration and Mark-up Session Held.
- Mar 22, 2005CommitteeCommittee · Referred to the Subcommittee on Health.
- Mar 3, 2005CommitteeCommittee · Referred to the House Committee on Energy and Commerce.
- IntroducedIntroduced · Introduced in House
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.