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42 U.S. Code § 1396w-3a. Requirements relating to qualified prescription drug monitoring programs and prescribing certain controlled substances
(a) In generalSubject to subsection (d), beginning October 1, 2021, a State—
(1)
shall require each covered provider to check, in accordance with such timing, manner, and form as specified by the State, the prescription drug history of a covered individual being treated by the covered provider through a qualified prescription drug monitoring program described in subsection (b) before prescribing to such individual a controlled substance; and
(2) in the case that such a provider is not able to conduct such a check despite a good faith effort by such provider—
(A)
shall require the provider to document such good faith effort, including the reasons why the provider was not able to conduct the check; and
(B)
may require the provider to submit, upon request, such documentation to the State.
(b) Qualified prescription drug monitoring program describedA qualified prescription drug monitoring program described in this subsection is, with respect to a State, a prescription drug monitoring program administered by the State that, at a minimum, satisfies each of the following criteria:
(1) The program facilitates access by a covered provider to, at a minimum, the following information with respect to a covered individual, in as close to real-time as possible:
(A)
Information regarding the prescription drug history of a covered individual with respect to controlled substances.
(B)
The number and type of controlled substances prescribed to and filled for the covered individual during at least the most recent 12-month period.
(C)
The name, location, and contact information (or other identifying number selected by the State, such as a national provider identifier issued by the National Plan and Provider Enumeration System of the Centers for Medicare & Medicaid Services) of each covered provider who prescribed a controlled substance to the covered individual during at least the most recent 12-month period.