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42 U.S.C. § 280g–3

Prescription drug monitoring program

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 280g–3, Prescription drug monitoring program, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/475424
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Each fiscal year, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, in coordination with the heads of other departments and agencies as appropriate, shall support States or localities for the purpose of improving the efficiency and use of PDMPs, including— improvements to a PDMP by— enhancing functional components to work toward— in consultation with the Office of the National Coordinator for Health Information Technology, improving the intrastate interoperability of PDMPs by— linking PDMP data to other data systems within the State, including— in consultation with the Office of the National Coordinator for Health Information Technology, improving the interstate interoperability of PDMPs through— As a condition on the receipt of support under this section, the Secretary shall require a State or locality to demonstrate that it has enacted legislation or regulations— The Secretary shall encourage a State or locality, in establishing, improving, or maintaining a PDMP, to implement strategies that improve— In consultation with practitioners, dispensers, and other relevant and interested stakeholders, a State receiving support under this section— As a condition on receipt of support under this section, the State shall report on interoperability with PDMPs of other States and Federal agencies, where appropriate, intrastate interoperability with health information technology systems such as electronic health records, health information exchanges, and e-prescribing, where appropriate, and whether or not the State provides automatic, up-to-date, or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient. A State receiving support under this section shall provide the Secretary with aggregate nonidentifiable information, as permitted by State law, to enable the Secretary— A State receiving support under this section shall take steps to— The Secretary may issue guidelines specifying a uniform electronic format for the reporting, sharing, and disclosure of information pursuant to PDMPs. To the extent possible, such guidelines shall be consistent with standards recognized by the Office of the National Coordinator for Health Information Technology. Nothing in this section shall be construed to restrict the ability of any authority, including any local, State, or Federal law enforcement, narcotics control, licensure, disciplinary, or program authority, to perform functions otherwise authorized by law. Nothing in this section shall be construed as preempting any State from imposing any additional privacy protections. Nothing in this section shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 2033) and section 290dd–2 of this title. Nothing in this section shall be construed to create a Federal private cause of action. Nothing in this section shall be construed to authorize the Secretary to require States to use a specific vendor or a specific interoperability connection other than to align with nationally recognized, consensus-based open standards, such as in accordance with sections 300jj–11 and 300jj–14 of this title. Not later than 3 years after October 24, 2018, the Secretary shall— complete a study that— provides an analysis of the extent to which the operation of PDMPs has— A State or locality may establish an advisory council to assist in the establishment, improvement, or maintenance of a PDMP consistent with this section. A State or locality may not use Federal funds for the operations of an advisory council to assist in the establishment, improvement, or maintenance of a PDMP. It is the sense of the Congress that, in establishing an advisory council to assist in the establishment, improvement, or maintenance of a PDMP, a State or locality should consult with appropriate professional boards and other interested parties. For purposes of this section:

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 109-60(H.R. 1132)2005-08-11
    National All Schedules Prescription Electronic Reporting Act of 2005
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 114-198(S. 524)2016-07-22
    Comprehensive Addiction and Recovery Act of 2016
  • Amended byPub. L. 115-271(H.R. 6)2018-10-24
    SUPPORT for Patients and Communities Act
  • Amended byPub. L. 119-44(H.R. 2483)2025-12-01
    SUPPORT for Patients and Communities Reauthorization Act of 2025
    House: 366–57Senate: no recorded tally