{"identifier":"/us/usc/t38/s1730B","title":38,"num":"\u00a7\u202f1730B.","heading":"Access to State prescription drug monitoring programs","text":"\u00a7\u202f1730B.\nAccess to State prescription drug monitoring programs\n(a)\nAccess to Programs.\u2014\n(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.\n(2) Under the authority granted by paragraph (1)\u2014\n(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\n(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\u2019s prescription drug monitoring programs.\n(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\u2019s 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.\n(b)\nCovered Patients.\u2014\nFor purposes of this section, a covered patient is a patient who\u2014\n(1) receives a prescription for a controlled substance; and\n(2) is not receiving palliative care or enrolled in hospice care.\n(c)\nDefinitions.\u2014\nIn this section:\n(1) The term \u201ccontrolled substance\u201d has the meaning given such term in section 102(6) of the Controlled Substances Act (\n21 U.S.C. 802(6)\n(2) The term \u201cdelegate\u201d 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.\n(3) The term \u201clicensed health care provider\u201d 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.\n(4) The term \u201cnational network of State-based prescription monitoring programs\u201d means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.\n(5) The term \u201cState\u201d means a State, as defined in\nsection 101(20) of this title","url":"https://projectusc.org/usc/t38/s1730B.html","content":[{"t":"sec","id":"/us/usc/t38/s1730B","children":[{"t":"num","text":"\u00a7\u202f1730B."},{"t":"heading","text":"Access to State prescription drug monitoring programs"},{"t":"subsec","id":"/us/usc/t38/s1730B/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Access to Programs.\u2014"},{"t":"para","id":"/us/usc/t38/s1730B/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1730B/a/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" Under the authority granted by paragraph (1)\u2014"},{"t":"subpara","id":"/us/usc/t38/s1730B/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s1730B/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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\u2019s prescription drug monitoring programs.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1730B/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" No State shall deny or revoke the license, registration, or certification of a licensed health care provider or delegate who otherwise meets that State\u2019s 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t38/s1730B/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Covered Patients.\u2014"},{"t":"chapeau","text":"For purposes of this section, a covered patient is a patient who\u2014"},{"t":"para","id":"/us/usc/t38/s1730B/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" receives a prescription for a controlled substance; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1730B/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" is not receiving palliative care or enrolled in hospice care.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t38/s1730B/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t38/s1730B/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201ccontrolled substance\u201d has the meaning given such term in section 102(6) of the Controlled Substances Act (","children":[{"t":"ref","text":"21 U.S.C. 802(6)","href":"/us/usc/t21/s802/6","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1730B/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cdelegate\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1730B/c/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201clicensed health care provider\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1730B/c/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201cnational network of State-based prescription monitoring programs\u201d means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1730B/c/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The term \u201cState\u201d means a State, as defined in ","children":[{"t":"ref","text":"section 101(20) of this title","href":"/us/usc/t38/s101/20","tail":", or a political subdivision of a State."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}