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42 U.S.C. § 280b–1Preventing overdoses of controlled substances

submitted 82 years ago by Pub. L. 115-271 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,072 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the CDC fund state and tribal programs to prevent drug overdoses. Money can improve prescription drug monitoring, community programs, and overdose data collection. States with high overdose rates may get priority for funding.

(a) Evidence-based prevention grants (1) In general: The CDC Director may, as much as practical, carry out and expand the evidence-based prevention activities listed in paragraph (2); give states, local governments, and Indian Tribes training and technical help to carry out those activities; and award them grants to carry out those activities. (2) Evidence-based prevention activities: These include improving prescription drug monitoring programs by getting all authorized users to register and use them; letting those users see updated data in as close to real time as possible; making the programs easier to use; adding a way for the program to warn authorized users about possible misuse, abuse, or improper prescribing or dispensing; encouraging analysis of monitoring data to produce de-identified, combined reports for state public health, substance abuse, and licensing agencies — as allowed by law and program policy, and without any protected health information — to stop improper prescribing, drug diversion, or misuse, and to help agencies coordinate; improving how well the program works with health information technology, including built-in data sharing; updating the program to keep up with new technology as overdose patterns change; helping the program share data with other states' monitoring programs; improving data collection and quality, including better patient matching and monitoring data quality; giving prescribers and dispensers tools — like reports comparing their prescribing patterns to peers in their specialty; and meeting the purpose of the program under section 280g–3 of this title. Other listed activities are: promoting community or health-system interventions; evaluating interventions that prevent overdoses and related risks; and running innovative projects addressing new and emerging public health threats, such as boosting public education about overdose risks. (3) Additional grants: The Director may also award grants to states, local governments, and Indian Tribes to: run innovative projects that detect, identify, and quickly respond to misuse, abuse, and overdoses of controlled substances and their risk factors — which may include tools like wastewater surveillance, if proven useful and done consistent with privacy laws; and fund any other evidence-based activity the Director thinks fits for preventing misuse, abuse, and overdoses. (4) Research: Working with the Assistant Secretary for Mental Health and Substance Use and the National Mental Health and Substance Use Policy Laboratory, as appropriate, the Director may study and evaluate substance use disorders, including how to prevent them or other related topics the Director finds fitting. (b) Better overdose data collection, analysis, and sharing grants (1) In general: The Director may, as much as practical, carry out the data-collection activities in paragraph (2); give training and technical help to states, local governments, and Indian Tribes to carry out those activities; award them grants to do so; and coordinate with the Assistant Secretary for Mental Health and Substance Use to gather data on people admitted to emergency rooms because of alcohol or drug abuse. (2) Data activities: These include reporting overdose data — fatal and nonfatal — to the public faster; making overdose data more complete by gathering information from sources like toxicology reports, autopsy reports, death-scene investigations, and emergency rooms; modernizing how deaths from controlled-substance overdoses are tracked, moving to electronic systems; using data to identify overdose risk factors; helping coroners, medical examiners, and public health labs test and report causes and contributing factors more accurately and consistently, including for newer substances; and helping different data sources and groups share and use overdose information together. (c) Priority When giving grants to states under (a) or (b), the Director may prioritize places with unusually high rates of drug overdoses or overdose deaths. (d) Definitions "Controlled substance" has the meaning given in section 802 of title 21. "Indian tribe" has the meaning given in section 5304 of title 25. (e) Money authorized Congress authorizes $505,579,000 for each of fiscal years 2026 through 2030, to carry out this section, section 280g–3 of this title, and section 290bb–25g of this title.
the actual law source: uscode.house.gov ↗public domain
(a) Evidence-based prevention grants
(1) In general

The Director of the Centers for Disease Control and Prevention may—

(A)

to the extent practicable, carry out and expand any evidence-based prevention activities described in paragraph (2);

(B)

provide training and technical assistance to States, localities, and Indian Tribes for purposes of carrying out such activity; and

(C)

award grants to States, localities, and Indian Tribes for purposes of carrying out such activity.

(2) Evidence-based prevention activities

An evidence-based prevention activity described in this paragraph is any of the following activities:

(A)

Improving the efficiency and use of a new or currently operating prescription drug monitoring program, including by—

(i)

encouraging all authorized users (as specified by the State or other entity) to register with and use the program;

(ii)

enabling such users to access any updates to information collected by the program in as close to real-time as possible;

(iii)

improving the ease of use of such program;

(iv)

providing for a mechanism for the program to notify authorized users of any potential misuse or abuse of controlled substances and any detection of inappropriate prescribing or dispensing practices relating to such substances;

(v)

encouraging the analysis of prescription drug monitoring data for purposes of providing de-identified, aggregate reports based on such analysis to State public health agencies, State substance abuse agencies, State licensing boards, and other appropriate State agencies, as permitted under applicable Federal and State law and the policies of the prescription drug monitoring program and not containing any protected health information, to prevent inappropriate prescribing, drug diversion, or abuse and misuse of controlled substances, and to facilitate better coordination among agencies;

(vi)

enhancing interoperability between the program and any health information technology (including certified health information technology), including by integrating program data into such technology;

(vii)

updating program capabilities to respond to technological innovation for purposes of appropriately addressing the occurrence and evolution of controlled substance overdoses;

(viii)

facilitating and encouraging data exchange between the program and the prescription drug monitoring programs of other States;

(ix)

enhancing data collection and quality, including improving patient matching and proactively monitoring data quality;

(x)

providing prescriber and dispenser practice tools, including prescriber practice insight reports for practitioners to review their prescribing patterns in comparison to such patterns of other practitioners in the specialty; and

(xi)

meeting the purpose of the program established under section 280g–3 of this title, as described in section 280g–3(a) of this title.

(B)

Promoting community or health system interventions.

(C)

Evaluating interventions to prevent controlled substance overdoses and associated risks.

(D)

Implementing projects to advance an innovative prevention approach with respect to new and emerging public health crises and opportunities to address such crises, such as enhancing public education and awareness on the risks associated with substances causing overdose.

(3) Additional grants

The Director may award grants to States, localities, and Indian Tribes for the following purposes:

(A)

To carry out innovative projects for grantees to detect, identify, and rapidly respond to controlled substance misuse, abuse, and overdoses, and associated risk factors, including changes in patterns of such controlled substance use. Such projects may include the use of innovative, evidence-based strategies for detecting such patterns, such as wastewater surveillance, if proven to support actionable prevention strategies, in a manner consistent with applicable Federal and State privacy laws.

(B)

For any other evidence-based activity for preventing controlled substance misuse, abuse, and overdoses as the Director determines appropriate.

(4) Research

The Director, in coordination with the Assistant Secretary for Mental Health and Substance Use and the National Mental Health and Substance Use Policy Laboratory established under section 290aa–0 of this title, as appropriate and applicable, may conduct studies and evaluations to address substance use disorders, including preventing substance use disorders or other related topics the Director determines appropriate.

(b) Enhanced controlled substance overdose data collection, analysis, and dissemination grants
(1) In general

The Director of the Centers for Disease Control and Prevention may—

(A)

to the extent practicable, carry out any controlled substance overdose data collection activities described in paragraph (2);

(B)

provide training and technical assistance to States, localities, and Indian Tribes for purposes of carrying out such activity;

(C)

award grants to States, localities, and Indian Tribes for purposes of carrying out such activity; and

(D)

coordinate with the Assistant Secretary for Mental Health and Substance Use to collect data pursuant to section 290aa–4(d)(1)(A) of this title (relating to the number of individuals admitted to emergency departments as a result of the abuse of alcohol or other drugs).

(2) Controlled substance overdose data collection and analysis activities

A controlled substance overdose data collection, analysis, and dissemination activity described in this paragraph is any of the following activities:

(A)

Improving the timeliness of reporting data to the public, including data on fatal and nonfatal overdoses of controlled substances.

(B)

Enhancing the comprehensiveness of controlled substance overdose data by collecting information on such overdoses, and associated risk factors, from appropriate sources such as toxicology reports, autopsy reports, death scene investigations, and emergency departments.

(C)

Modernizing the system for monitoring and identifying causes of death related to controlled substance overdoses to use an electronic-based system.

(D)

Using data to help identify risk factors associated with controlled substance overdoses.

(E)

Supporting entities involved in providing information on controlled substance overdoses, such as coroners, medical examiners, and public health laboratories, to improve accurate testing and standardized reporting of causes and contributing factors to controlled substances overdoses and analysis of various opioid analogues and other emerging substances related to controlled substance overdoses.

(F)

Working to enable and encourage the access, exchange, and use of information regarding controlled substance overdoses and associated risk factors among data sources and entities.

(c) Priority

In awarding grants to States under subsections (a) and (b), the Director of the Centers for Disease Control and Prevention may give priority to jurisdictions with a disproportionately high rate of drug overdoses or drug overdose deaths, as applicable.

(d) Definitions

In this section:

(1) Controlled substance

The term “controlled substance” has the meaning given that term in section 802 of title 21.

(2) Indian tribe

The term “Indian tribe” has the meaning given that term in section 5304 of title 25.

(e) Authorization of appropriations

For purposes of carrying out this section, section 280g–3 of this title, and section 290bb–25g of this title, there is authorized to be appropriated $505,579,000 for each of fiscal years 2026 through 2030.

Source credit: (July 1, 1944, ch. 373, title III, § 392A, as added Pub. L. 115–271, title VII, § 7161(a), Oct. 24, 2018, 132 Stat. 4059; amended Pub. L. 117–328, div. FF, title I, § 1271(b), Dec. 29, 2022, 136 Stat. 5686; Pub. L. 119–44, title I, § 103, Dec. 1, 2025, 139 Stat. 670.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 115-271 · 132 Stat. 4059
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5686
  • 2025Amended · Pub. L. 119-44 · 139 Stat. 670

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-271 on 1944-07-01.

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