Now that NASPER has been signed into law, what’s next?

States may want to review legislation from Kentucky, Nevada and Utah, where exemplary programs are in place:

http://www.lrc.ky.gov/krs/218a00/202.PDF - Kentucky (KRS 218A.202)

http://www.leg.state.nv.us/NRS/NRS-453.html#NRS453Sec1545 - Nevada (NRS 453.1545)

http://www.le.state.ut.us/~code/TITLE58/htm/58_12010.htm - Utah (58-37-7.5)

The law authorizes spending $60 million from fiscal year 2006 to 2010 to create a federal grant program housed at the U.S. Department of Health and Human Services to help establish or improve state-run prescription drug monitoring programs.

The 20 states that have programs can apply for grants to expand and improve them. Other states can apply for startup funds.

Here’s a step-by-step update:

1) Within six months after money is first appropriated, the U.S. Secretary of Health and Human Services is required to publish regulations to establish specific minimum standards for all state Controlled Substance Monitoring Programs (CSMPs).

The secretary will first publish proposed regulations and will request public comment. At that point, ASIPP members’ input will be critical to ensure that the best possible regulations are formed to help implement the law.

2) NASPER allows each state to establish an Advisory Council to assist in the establishment, implementation or improvement of its CSMP.

ASIPP members can encourage their governors to create the council and offer to serve on it. This will help ASIPP play a role in the implementation of CSMPs across the country.

3) NASPER authorizes $15 million to be appropriated in Fiscal Year 2006 and 2007. In each Fiscal Year 2008, 2009 and 2010, another $10 million is authorized.

ASIPP members need to lobby their Congressional representatives to push for full funding every year.

4) ASIPP members should work with their individual state legislatures and/or state agencies to establish a state CSMP. These state level programs must be in place before the state can apply for federal funding.

ASIPP members also can lobby their state representatives to supplement the federal grants with state funding.

5) ASIPP members should ask their Congressional representatives to write a letter to the state governor, requesting that the state enact a CSMP.

A sample letter follows:

(Insert governor's name in the greeting and then the state name in all blanks)

Dear Governor_____,

As you may already be aware, Congress recently passed H.R. 1132, “the National All Schedules Prescription Electronic Reporting Act of 2005” (“the NASPER Act”), which calls for each state to establish a prescription-drug monitoring program.  On August 11, 2005, President Bush signed the NASPER Act.

The NASPER Act does not mandate that states implement a monitoring program, rather, it gives each state the option to create such a program and the funding to do so.  I strongly believe that this is a much needed program in ____, and I intend to urge ______ legislators pass a bill that takes advantage of this new law.  I hope that you will join me in this effort. 

The NASPER Act creates a set of standards for creating prescription-drug monitoring programs that will allow each state to share critical drug information with its neighbors in order to reduce drug abuse and the diversion of prescription drugs across state borders.  Congress recognizes the severity of the problem of drug diversion, especially in states that border those without monitoring programs, and for ______, this is very good news. 

The NASPER Act authorizes grants to states from the Department of Health and Human Services (“HHS”) to fund programs that create or update electronic monitoring programs for prescription drugs.  _______ can become eligible for such a grant simply by passing legislation establishing a prescription drug monitoring program consistent with the parameters of the NASPER Act. 

We in Washington have made this a priority, and I hope you will help us make this issue a priority in ­­­­_________.   I understand that you may not be especially familiar with the NASPER Act or what is needed to create such a program in our state; however, let me assure you that my staff will be willing to help in any way to get such a program off the ground in _____.  We have examples of model laws that comply with the NASPER Act and will provide whatever support we can to assist you.  Please contact my office with any questions you might have about the NASPER Act and how it can benefit ______.  Many thanks for your consideration.

Sincerely,

The Congressman