Introduction Of The National All Schedules Prescription Electronic Reporting (Nasper) Act
Mr. Speaker, on September 4 my colleague Frank Pallone and I introduced the National All Schedules Prescription Electronic Reporting (NASPER) Act. This legislation would establish a national electronic data bank for practitioner monitoring…
Mr. Speaker, on September 4 my colleague Frank Pallone and I introduced the National All Schedules Prescription Electronic Reporting (NASPER) Act. This legislation would establish a national electronic data bank for practitioner monitoring of schedule II, III and IV controlled substances.
Our Nation has been fighting a long battle against the scourge of drug abuse and its devastating effects upon our society. The lives that are ruined, the families that are destroyed, and the loss to societal productivity are almost impossible to comprehend.
Unfortunately, one of the fastest growing areas of drug abuse is through the diversion of prescription drugs. This diversion can include such activities as ``doctor shopping'' where individuals go from doctor to doctor obtaining multiple prescriptions, or through the illegal sales of prescription drugs by doctors and pharmacists, or by prescription forgery.
My own State of Kentucky has been hit particularly hard by the epidemic of oxycontin abuse. In a 2001 hearing before the House Appropriations Subcommittee on Commerce, Justice and State, Rod Maggard, a former police chief in Harzard, KY, testified on the effects of the oxycontin epidemic on our State. He told committee members how the drug had ``demoralized our community . . . it bankrupted spiritually, morally, and financially people all over our area.'' The Associated Press reported how Kentucky was experiencing a crime wave as addicts sought to obtain the drug oxycontin.
Mr. Speaker, I believe that one of the most effective ways we can help prevent prescription drug abuse is by getting information to those who are on the front line in this battle--that is the doctors, themselves. Today, in most States when a patient walks into a doctor's office requesting prescription medication, that doctor has no way of knowing if he is the first physician that patient has seen or the fifth. He simply has to rely on the patient to be honest with him. Now obviously, if this patient is an addict or is trying to scam the doctor, the doctor is not going to be told the truth. And yet
we expect this doctor to treat the patient and to be responsible in prescribing medication.
The NASPER Act would take the guess work out of this situation. With a national electronic data bank, the doctor could simply access prescription information and determine what, if any, medication the patient should be given. The bill is consistent with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and the patient would have to give his written consent before the doctor could access the data bank. Only the doctor or pharmacist who is currently treating the patient could request the information. Each request would have to be certified by the treating practitioner or pharmacist that the information is necessary for the purpose of providing medical or pharmaceutical treatment or to evaluate the need for such treatment for a bona fide current patient.
It is also important to note that as the population in our country ages, there will be more and more people who visit multiple doctors for various treatments. The NASPER Act would help doctors coordinate the medication their patient is receiving from other practitioners so that the patient does not experience an adverse medication reaction.
Currently 15 States have some type of Intrastate Prescription Drug Monitoring Program (PDMP). Two additional States are currently in the pilot stage of implementing such a program. A May 2002 General Accounting Office (GAO) study found that in States where a PDMP was in place, ``the presence of a PDMP helps a State reduce its illegal drug diversion . . .'' The same report also states that ``the existence of a PDMP within a State, however, appears to increase drug diversion activities in contiguous non-PDMP States. When States begin to monitor drugs, drug diversion activities tend to spill across boundaries to non-PDMP States.'' In other words, those who want to scam the system know that they will have a difficult time doing so within a particular State, so they just move the problem across State lines.
The State of Kentucky has one of the most effective PDMPs in the Nation. However, there are a number of reports that show drug diversion problems, particularly in the area of oxycontin abuse, have increased in the contiguous States of Tennessee, West Virginia, and Virginia due to the presence of Kentucky's PDMP. I believe the only way we can truly address this problem is by coordinating our efforts across State lines.
The NASPER Act builds on the work that has already begun in the States. Under this legislation, individual States are permitted to set up their own PDMP to the exclusion of the Federal program created by the act, as long as the States submit the information required by the Secretary of Health and Human Services to the Federal data bank. However, the NASPER Act recognizes that if we are truly going to address this problem, we need a Federal role to ensure that the States will be able to share the information across State lines. An interstate system would allow doctors to get the information they need to better serve their patients.
I would like to thank Chairman Tauzin and the staff of the Energy and Commerce Committee for their assistance on this issue. The chairman has been very attentive to concerns that I and others have raised and I look forward to continuing to work with him on this legislation.
Mr. Speaker, advances in technology have revolutionized health care delivery in this Nation. Isn't it time that we used this technology to better serve our citizens in the area of prescription drugs? I would ask my colleagues to join me in supporting this important legislation.