H.R. 5710: H.R. 5710 - National All Schedules Prescription Electronic Reporting (NASPER) Reauthorization Act

H.R. 5710

H.R. 5710 - National All Schedules Prescription Electronic Reporting (NASPER) Reauthorization Act

September 22, 2010 (111th Congress, 2nd Session)

Staff Contact

Floor Situation

H.R. 5710 is expected to be considered on the House floor on Wednesday, September 22, 2010, under a suspension of the rules, requiring a two-thirds majority vote passage.  Rep. Whitfield (R-KY) introduced H.R. 5710 on July 1, 2010, and it was referred to the Committee on Energy and Commerce.  On July 28, 2010, the committee reported the bill by voice vote.

Bill Summary

H.R. 5710 would amend and reauthorize the controlled substance monitoring program under the Public Health Service Act.  H.R. 5710 would do the following: (1) expand permitted use of funds to include maintaining existing programs, (2) specify that state interoperability plans must include timelines for implementation, and directs the Secretary to monitor such efforts, (3) direct that funds returned by states with terminated grants or programs be redistributed based on the existing allocation formula, (4) require states that are not in compliance with all reporting requirements to submit a plan for entering compliance, (5) establish the requirement that states give the HHS Secretary aggregate data and other information needed to evaluate the success of a state’s program and to fulfill congressional reporting requirements, (6) permit entities receiving nonidentifiable, summary data from a prescription drug monitoring program to make such data available to other entities for research purposes, (7) require states to take certain steps to promote prescriber use of the monitoring system and education on the system’s benefits, (8) clarify language regarding granting preference in certain other programs to states that have prescription drug monitoring programs, and (9) make commonwealths and territories of the United States eligible for NASPER grants. 

The program would be authorized for three years. 


The National All-Schedules Prescription Electronic Reporting Act (NASPER), enacted in 2005, created a Department of Health and Human Services (HHS) grant program administered by SAMHSA for states to establish prescription drug monitoring programs (PDMPs).  PDMPs track drug prescriptions, with the goal of preventing overuse and illegal diversion.  Approximately 40 states maintain PDMPs or have laws that authorize their establishment.  To be eligible for a NASPER grant, state programs must track drugs that fall under schedules II, III, and IV of the Controlled Substances Act, and must adhere to certain privacy, reporting, and interoperability requirements.


The 2005 law authorized $15 million in each of FY2006 and FY2007, and $10 million each year for FY2008 through FY2010.  In FY2009 and in FY2010, Congress appropriated $2 million to support NASPER grants in 13 states.


The Congressional Budget Office estimates that if all funding is authorized, this bill would cost $35 million over 2011-15, which falls within the health budget function.  Pay-go does not apply.