republic-os/legal/us/code/title-38/chapter-17/section-1730b.md

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LegalText	38 U.S.C. § 1730B	Access to State prescription drug monitoring programs	us	united_states_code	code_section	38	VETERANS’ BENEFITS	17	HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE	1730B	38 U.S.C. § 1730B	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip	/us/usc/t38/s1730B	data/legal/raw/us/code/title-38/usc38.xml	b20cf03e74eef82443007aafb757b67f3626447cecde9524500b203225054c75	372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66	76e9fac7cba2bcb7e203c4de254b0174a8b95a5861194ec4187dbc08ad38a761	2026-07-04	official	legal us-code

38 U.S.C. § 1730B - Access to State prescription drug monitoring programs

Text

(a) Access to Programs.— (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.

(2) Under the authority granted by paragraph (1)—

(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

(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’s prescription drug monitoring programs.

(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’s 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.

(b) Covered Patients.— For purposes of this section, a covered patient is a patient who—

(1) receives a prescription for a controlled substance; and

(2) is not receiving palliative care or enrolled in hospice care.

(c) Definitions.— In this section:

(1) The term “controlled substance” has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).

(2) The term “delegate” 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.

(3) The term “licensed health care provider” 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.

(4) The term “national network of State-based prescription monitoring programs” means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.

(5) The term “State” means a State, as defined in section 101(20) of this title, or a political subdivision of a State.

(Added Pub. L. 115–182, title I, § 134(a), June 6, 2018, 132 Stat. 1428; amended Pub. L. 115–251, title II, § 206, Sept. 29, 2018, 132 Stat. 3173.)

Notes

Editorial Notes

Amendments2018—Subsec. (a)(1). Pub. L. 115–251, § 206(1)(A), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”. Subsec. (a)(2)(A). Pub. L. 115–251, § 206(1)(B), substituted “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,” for “such network”. Subsec. (a)(3). Pub. L. 115–251, § 206(1)(C), which directed “inserting ‘, or any individual State or regional prescription drug monitoring program,’ after programs”, was executed by inserting the quoted text after “programs” as if that word had been enclosed in quotation marks in the directory language, to reflect the probable intent of Congress. Subsec. (c)(2). Pub. L. 115–251, § 206(2), inserted “, or any individual State or regional prescription drug monitoring program,” after “programs”.