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Prevention of Prescription Drug Overdose and Abuse

Updated April 29, 2013

Prescription drug abuse is a growing public health concern. With the increasing number of pain killers and other medically necessary products on the market, the likelihood of a person, particularly the youth or seniors, to accidentally overdose or abuse products has been rising. According to research from the Centers for Disease Control and Prevention, more than 30 percent of prescription painkiller deaths involve methadone, even though only two percent of painkiller prescriptions are for this drug.

Many states are looking to reduce prescription drug abuse, overdose and misuse, and have enacted different types of legislation to address this increasingly important public health issue. The tables below includes information and links about examples of state laws, recent state legislation, and 2009-2012 enacted legislation that aims to prevent deaths and injuries from prescription drug abuse, overdose and misuse.

Preventing Prescription Drug Overdose: Types of State Laws

Please see the Centers for Disease Control and Prevention's Prescription Drug Overdose webpage which offers detailed state-by-state information on selective legislative strategies that address prescription drug abuse and diversion in the US.

"Doctor Shopping" Laws: Laws to deter and prosecute people obtaining multiple prescriptions for controlled substances from different health care practitioners without their knowledge, also known as doctor shopping. For example, Arizona law restricts a person from knowingly obtaining or procuring the administration of a prescription drug by fraud, deceit, misrepresentation or subterfuge.

Immunity: A law that provides a degree of immunity to an individual seeking help for themselves or for others experiencing and overdose. New Mexico law allows a person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose to not be charged or prosecuted for possession of a controlled substance.

Interstate Sharing of Information: A law that allows data from a state's prescription drug monitoring program to be shared with authorized individuals in other states. Virginia law authorizes the director of the department of health professions to enter into agreements for mutual exchange of information among prescription monitoring programs in other jurisdictions.

Pain Management Clinic Oversight: Laws that require state oversight of pain management clinics or describe specific registration, licensure, or ownership requirements for pain management clinics. For example, Florida law requires most privately owned pain-management clinics, facilities, or offices, which advertise in any medium for any type of pain-management services, or employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, to register with the department of health.

Physical Examination Before Prescribing: Laws requiring health practitioners to examine the patient or obtain a patient history and performing a “patient evaluation” prior to prescribing a controlled substance. Rhode Island law restricts any physician, dentist, osteopath, chiropodist, or veterinarian from administering, dispensing, or prescribing any controlled substance in schedules II, III, and IV, except after an original physical examination of the person for whom, or the animal for which the controlled substance is intended.

Prescription Drug Monitoring Programs: At least 43 states have passed legislation to enable Prescription Drug Monitoring Programs (PDMPs) to help prescribers and pharmacies track who is writing and filling prescriptions for controlled substances.  For more information on PDMPs, please see the National Alliance for Model State Drug Laws or PDMP Alliance.

Required Identification Before Dispensing: A law requiring or permitting pharmacies to request identification prior to dispensing a controlled substance. Idaho law requires people receiving controlled substances to be positively identified by staff at the pharmacy at the time any controlled substance is dispensed directly to an individual at the pharmacy. Positive identification consists of either a valid, current state or military driver’s license or identification card or a valid, current passport, each of which must contain a photo of the individual and the individual’s signature.

Tamper-Resistant Forms: A law that requires special tamper-resistant forms for controlled substances. For example, Tennessee law makes it unlawful for a pharmacist to fill a written prescription from a Tennessee practitioner unless issued on tamper-resistant prescription paper.

 

Preventing Prescription Drug Overdose: 2013 Introduced State Legislation

 

State

Bill Information and Summary

Alabama

House Bill 150
Would make changes to the controlled substances prescription database advisory committee. Would also require payment information to be included in the prescription monitoring database. This bill would also change the people and entities who can access the database to include authorized representatives of the Alabama Medicaid Agency and up to two employees on behalf of an authorized physician. Also would make changes to database funding. Pending
House Bill 151
This bill would provide additional powers for the Alabama Board of Medical Examiners regarding regulating pain management clinics and physicians (Similar to Senate Bill 113). Pending

California

Assembly Bill 635

This bill would authorize a licensed health care provider who is permitted by law to prescribe an opioid antagonist and is acting with reasonable care to prescribe and subsequently dispense or distribute an opioid antagonist for the treatment of an opioid overdose to a person at risk of an opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose. Pending

Senate Bill 809

This bill would establish the Controlled Substance Utilization Review and Evaluation System (CURES) Fund within the State Treasury to receive funds to be allocated, upon appropriation by the Legislature, to the Department of Justice for the purposes of funding CURES. Pending
Senate Bill 410
This bill would specify that chronic pain is included among the types of pain for which intractable pain drugs or substances may be prescribed. Pending
Assembly Bill 831
Would establish within the State Health and Human Services Agency, a temporary working group, to develop a plan to reduce the rate of fatal drug overdoses in the state. Would also establish a grant program to provide funds for programs related to drug overdose prevention, recognition, and response education. Pending
Senate Bill 670
This bill would authorize the board, if it receives a report pursuant to either of the provisions described above that involves the death of a patient from a prescription drug overdose, to inspect and copy the medical records of the deceased patient without the consent of the patient's next of kin or a court order in order to determine the extent to which the death was the result of a prescriber's inappropriate conduct. Pending

Colorado

Senate Bill 14
This bill would allow a person who acts in good faith to administer an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose event to be immune from criminal prosecution. To Governor

Connecticut

Senate Bill 624
This bill would require practitioners who dispense controlled substances to register for access to the electronic prescription drug monitoring program. Died in Committee
House Bill 5484
Would prohibit certain health insurance policies that provide coverage for prescription drugs from requiring an insured to use, prior to using a brand name prescription drug prescribed by a licensed physician for pain treatment, any alternative brand name prescription drugs or over-the-counter drugs, unless the brand name prescription drug contains United States Food and Drug Administration approved abuse-deterrent labeling, and the therapeutically equivalent generic drug does not contain such labeling. Failed
House Bill 6406
Would require the commissioner of health to  establish an electronic prescription drug monitoring program to collect, by electronic means. This bill would also establish certain rules for this program. Pending
House Bill 5906
Would require every practitioner who distributes, administers or dispenses any controlled substance within this state to obtain a certificate of registration issued by the Commissioner of Consumer Protection. Would also require the practitioner to review the electronic prescription drug monitoring program prior to distributing, prescribing,  administering or dispensing any such controlled substance, for the patient's previous history of controlled substance use. Pending

Florida

Senate bill 278
This bill would prohibit a certified optometrist from administering and prescribing certain controlled substances. Failed
House Bill 239
This bill would prohibit certified optometrists from administering or prescribing pharmaceutical agents listed in Schedule I or Schedule II. Enacted, 2013 Fla. Laws, Chap. 26.
House Bill 831
This bill would require physicians who prescribe any narcotic substance listed in Schedule II/III to consult the state’s prescription drug monitoring program or designate agent to consult database. This bill would also authorize the board of pharmacy to adopt penalty for failure to consult database; requires that owners of pain-management clinics be licensed physicians. Pending

Senate Bill 1192
Would require a physician to consult the prescription drug monitoring program database before prescribing certain controlled substances. Would also require that owners of pain-management clinics be licensed physicians and would provide that regulation of the licensure, activity, and operation of pharmacies and pharmacists is preempted to the state. This bill would also authorize the prescription drug monitoring program to be funded by state funds and pharmaceutical company donations. Pending

 

Georgia

House Bill 178
This bill would enact the "Georgia Pain Management Clinic Act" and require the licensure of pain management clinics. Would also provide for requirements for pain management clinic licensure and the denial, suspension, and revocation of licenses. To Governor
Senate Bill 650
Would prohibit doctors, nurses, and physician's assistants from prescribing long-acting opioid painkillers in emergency rooms. Would also pohibit doctors, nurses, and physician's assistants in emergency rooms from refilling prescriptions for opioid painkillers that have been lost, stolen, or destroyed. Pending

Hawaii

House Bill 393
This bill would establish limited immunity for individuals who seek medical assistance for victims of drug-related overdoses. (Similar to Senate Bill 394). Pending
Senate Bill 650
Would prohibit doctors, nurses, and physician's assistants from prescribing long-acting opioid painkillers in emergency rooms. Would also pohibit doctors, nurses, and physician's assistants in emergency rooms from refilling prescriptions for opioid painkillers that have been lost, stolen, or destroyed. Pending

Iowa

Senate Study Bill 1015

The bill would require a pharmacist or prescribing practitioner to obtain information about a patient from the information program for drug prescribing and dispensing before prescribing or renewing a prescription for a controlled substance if the pharmacist or prescribing practitioner believes or has reason to believe the patient is at risk of drug diversion, misuse, or abuse. (Similar to House Study Bill 186). Pending

House File 181

Would require the department of public health to adopt guidelines for the prescribing of opiates in the emergency departments of hospitals in order to assist emergency departments in reducing the inappropriate use of opiates while preserving the vital role of the emergency department. Pending

Indiana

House Bill 1465  
Would require a health care practitioner to use the Indiana scheduled prescription electronic collection and tracking program before prescribing, dispensing, or administering a controlled substance in an amount that exceeds a 30 day supply for treatment of a patient's pain. Would also require that the inspect program data base must include criminal convictions relating to a recipient's possession, use, diversion, or distribution of a controlled substance or other illegal drugs. To Governor
Senate Bill 272  
Would require the Indiana professional licensing agency to report to the health finance commission during the 2013 legislative interim concerning: the expansion of the Indiana scheduled prescription electronic collection and tracking program (INSPECT) ; and how to implement a program to require an opioid treatment program to transmit specified information concerning a patient to INSPECT before dispensing or administering a controlled substance to the patient. Would also require the medical licensing board of Indiana to adopt rules establishing standards and protocols in the prescribing of controlled substances. Pending

Kansas

House Bill 2237  
Would allow the board of pharmacy to charge an annual portal fee for use of the prescription monitoring program and other programs that serve pharmacists and non-pharmacists, including, but not limited to, a wholesale distributor, pharmacist, dispenser or other person authorized to prescribe or dispense scheduled substances and drugs of concern. Pending

Kentucky

House Bill 74
Would allow a practitioner to prohibit substitution of an opioid analgesic drug incorporating a tamper-resistant technology when the practitioner determines that substitution is not in the best interest of the patient. This bill exempts drugs prescribed or dispensed for patients in a nursing home or hospice care setting and would prohibit substitution or interchange of those drugs without the pharmacy verifying that the substitute provides substantially similar tamper-resistance properties as determined by the board or without obtaining written consent of the prescriber. Failed
House Bill 79
Would exempt licensed health-care providers from disciplinary action for prescribing or dispensing naloxone for an opioid overdose. Failed

Maine

LD 388  (House Bill 263
This bill would provide for an alternative to the current mandatory participation provision for prescribers in the Controlled Substances Prescription Monitoring Program consisting of automatic enrollment at the time of licensure or renewal or the issuance of a certificate of registration by the United States Department of Justice, Drug Enforcement Administration. Pending
LD 1014
This bill would allow a law enforcement agency access to prescription monitoring program information only for an active law enforcement investigation. Information provided to a law enforcement agency remains confidential and must be safeguarded in the same manner as other investigative information. Pending
LD 1046
Would provide immunity for health care professionals and other persons who assist a person who is experiencing or likely to experience an opiate-related drug overdose with intranasal naloxone. Pending
LD 881
Would makes changes to the Unused Pharmaceutical Disposal Program as recommended by the Prescription Drug Abuse Task Force, which was established by the Governor and the Attorney General by Executive Order 2012-002. The purpose of the bill is to reduce the cost of safe, effective and proper disposal of unused pharmaceuticals in order to reduce prescription drug abuse. Pending

Maryland

House Bill 890
Would provide for an Overdose Response Program overseen by the department of health and mental hygiene. Would authorize a certified individual to receive a prescription for naloxone and supplies, possess prescribed naloxone and supplies, and administer naloxone, under specified circumstances, to specified individual. (Similar to Senate Bill 610). To Governor
Senate Bill 80
Would add the division of drug control of the department of health and mental hygiene to the list of units of the Department to which the Prescription Drug Monitoring Program must disclose prescription monitoring data under specified circumstances. To Governor

Massachusetts

Senate Bill 1029
This bill would require the chief medical examiner to file an adverse event report with the United States Food and Drug Administration any time the determined cause of death of an individual was due fully or in part to the ingestion of a Schedule II through VI controlled substance. Pending
House Bill 2126
This bill would require the department of public safety to establish a prescription drug drop-off box grant program, for the purpose of providing grants to assist police departments with the purchase, placement, operation, or maintenance of prescription drug drop-off boxes at police stations. Pending

Mississippi

House Bill 1051
This bill would prohibit pharmacists from substituting analgesic drugs for an opioid analgesic drug incorporating a tamper resistance technology without verifying equivalence or obtaining the written, signed consent of the prescribing physician. Died in Committee

Missouri

House Bill 296
This bill would establish the Missouri Good Samaritan Law which specifies that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing a controlled substance-induced overdose or a person who is experiencing an overdose cannot be charged or prosecuted for possession of a controlled substance or an imitation controlled substance if evidence of the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance if the amount of the substance recovered is less than the amounts specified in the bill. Pending
House Bill 347 (Similar to Senate Bill 233)
This bill would require the department of health and senior services to establish and maintain a program to monitor the prescribing and dispensing of all Schedule II through Schedule IV controlled substances by all licensed professionals who prescribe or dispense these substances in Missouri. Pending
Senate Bill 146
This bill would require the department of health and senior services to establish and maintain a program to monitor the prescribing and dispensing of all Schedule II controlled substances or a Schedule III controlled substance containing dihydrocodone by all licensed professionals who prescribe or dispense these substances in Missouri and where such substances are purchased by a cash transaction. Pending

Montana

Senate Bill 323
This bill would revise workers' compensation laws on prescribing schedule II and III drugs and would permit a query of the prescription drug registry prior to prescribing a schedule II or schedule III drug for treatment of a workers' compensation injury or occupational disease. To Governor

Nebraska

LB 535
This bill would establish the Prescription Drug Monitoring Program Act, which would require the department of health and human services to establish a program that collects, manages, analyzes and provides information regarding controlled substances that have the potential to be abused. Pending

Nevada Assembly Bill 429
Would establish requirements concerning the prescription of certain pain medications to persons covered under policies of industrial insurance. Failed
New Hampshire

Senate Bill 71
This bill would establish a committee to study the use and misuse of prescription drugs in workers' compensation cases. Pending

New Jersey

Senate Bill 350

Would require the Board of Pharmacy to compile and publish list of certain tamper-resistant opioid drugs and that certain conditions be met for pharmacist to substitute for tamper-resistant opioid drug. Pending.
Senate Bill 2082/Assembly Bill 3095
This bill would create the Opioid Antidote and Overdose Prevention Act to provide immunity from civil and criminal liability and professional discipline for health care professionals who prescribe or dispense naloxone or any similarly acting drug approved for the treatment of an opioid overdose. This bill would provide immunity from civil and criminal liability for other persons who administer such a drug in an emergency to an individual who the person believes in good faith is experiencing an opioid overdose. To Governor
Senate Bill 851
This bill would eliminate criminal liability for persons who seek medical assistance in response to drug overdose. (Similar to Assembly Bill 578). Pending

New Mexico

House Bill 624
This bill would establish establishing requirements for pain management prescribing, dispensing and administration. Failed
Senate Bill 343
This bill would provide an income tax credit for certified physicians who treat opioid dependence. Failed
Senate Bill 641
Would amend sections of the pain relief act to rename the prescription drug misuse and overdose prevention and pain management advisory council as the "overdose prevention and pain management advisory council". Would also establish requirements for pain management prescribing, dispensing and administration. Failed
House Bill 599
Would enact the Substance Abuse and Crime Prevention Act to provide substance abuse treatment for persons charged with certain violations of the controlled substances act. Failed
Senate Bill 583
Would amend and enact sections of the controlled substances act to reclassify dihydrocodeine as a schedule II controlled substance in certain combinations. Would also require patients to disclose concurrent prescribed use of controlled substances when seeking a prescription for a controlled substance and mandate tamper-resistant prescriptions for controlled substances. Failed

New York

Assembly Bill 1124/Senate Bill 2947
This bill would require clinical education every four years in pain management and palliative care for health care professionals practicing in the state. Pending
Senate Bill 1753/Assembly Bill 877
This bill would prohibit the substitution of opioid analgesic drugs for an opioid analgesic drug incorporating tamper resistance technology. This bill would also require pharmacists to verify equivalence or obtain written consent of prescribing physician. Pending
Assembly Bill 2247/Senate Bill 2361
This bill would establish standards to advance the management and treatment of chronic pain and incorporate continuing education programs for health care professionals that treat patients that have chronic pain. Pending
Assembly Bill 1348
Would require the office of alcoholism and substance abuse services to develop educational materials for health care providers and qualified health professionals relating to screening and referrals for prescription drug abuse and misuse. Pending
Assembly Bill 1481
Would require the office of alcoholism and substance abuse services, in consultation with the department of health, to develop a prescription drug abuse public awareness campaign. Pending
Assembly Bill 3025
Would enact the "behavioral health services for veterans act”. Pending

North Carolina Senate Bill 20

This bill would provide immunity from civil or criminal liability for: practitioners who prescribe, dispense, or distribute an opioid antagonist to certain third parties, and certain individuals who administer an opioid antagonist to a person experiencing a drug-related overdose. 2013 H.C. Sess. Laws, Chap. 23.

House Bill 351 

This bill would created the “Joint Legislative Study Commission on Prescription Drug Abuse by Students”. The purpose of the commission is to study prescription drug abuse among high school and college students in the state and to make recommendations to curtail or reduce the occurrences. Pending

Ohio

Senate Bill 57
Would establish a pilot project in Lorain County from August 1, 2013, to July 31, 2014, pursuant to which qualified emergency responders in that County may be able to obtain and administer naloxone to revive a person suffering from an apparent opioid-related overdose. Pending

Oklahoma

Senate Bill 457
This bill would allow first responders to administer, without prescription, opioid antagonists when encountering an individual exhibiting signs of an opiate overdose. Pending
House Bill 1849
This bill would clarify right of pharmacy to refuse to dispense a drug or device in certain circumstances and would require pharmacies to provide options in certain circumstances.  Would direct pharmacies to deliver certain services in specified manner and require pharmacies to display certain notice. Pending
Senate Bill 188
This bill would authorize the director of the Oklahoma state bureau of narcotics and dangerous drugs control to seek an injunction from the district court of Oklahoma County to prohibit the commercial sale of a specific chemical or substance not otherwise scheduled as a controlled dangerous substance if it clearly appears from specific facts, after a hearing before the district court, that the following criteria exist: there is a current or imminent danger to the public health and safety, and here is a history and current pattern of abuse, including actual abuse, diversion from legitimate channels or clandestine importation, manufacture or distribution. Pending
Senate Bill 937
Would create the “Task Force on Prescription Drug Fatality”. Pending

Oregon

Senate Bill 384
Would require the Oregon Health Authority to prescribe criteria for training on treatment of opiate overdose and specifies requirements for training.  This bill would also allow persons successfully completing training to possess and administer naloxone for treatment of opiate overdose. Pending

Pennsylvania

Senate Bill 1300

Would establish the Pharmaceutical Accountability Monitoring System to establish and maintain an electronic system for monitoring all scheduled drugs. Pending.
House Bill 317
This bill would establish the Pharmaceutical Accountability Monitoring System. Pending
Senate Bill 423
Would establish a prescription drug monitoring program. Pending
Senate Bill 611
Would establish the “Pharmaceutical Accountability Monitoring System”. Pending
Senate Bill 612
Would provide for a felony of the third degree if a person acquires or attempts to acquire a prescription or prescription order by knowingly misrepresenting or knowingly withholding information from a practitioner for the sole purpose of procuring controlled substances for abuse or sale. Pending
House Bill 1176
This bill would require the board of pharmacy to create a list of opioid analgesic drugs that incorporate an abuse-deterrent technology. Would also prohibit a pharmacist from interchanging or substituting an opioid analgesic drug, brand or generic, unless the pharmacist: verifies from the list under subsection  that the substituted opioid analgesic drug has substantially similar abuse-deterrent properties to the originally prescribed drug; or obtains written, signed consent for the substitution from the prescriber for the interchange or substitution. Pending

Rhode Island

House Bill 5756
Would require the director of the department of health to promulgate rules and regulations for the purpose of adopting a system for electronic data transmission of prescriptions for schedule II and III controlled substances. Pending
Senate Bill 647
This bill would require the director of the department of health to promulgate rules and regulations for the purpose of adopting a system for electronic data transmission of prescriptions for controlled substances in schedule II, III and IV. Pending
House Bill 5982
Would create a seven member special house commission whose purpose would be to study the feasibility of enacting legislation that would establish an Internet system for tracking over-prescribing (I-STOP) and create a prescription monitoring program registry. Pending

Tennessee

Senate Bill 221/House Bill 482
This bill would require a physician in an emergency department to check the controlled substance database in overdose cases and to make certain reports, if appropriate. Failed
Senate Bill 676/House Bill 1264
This bill would authorize protocols and other requirements for prescribing certain controlled substances and revises requirements for pain clinics. To Governor
House Bill 277/Senate Bill 459
Would require a pregnant woman referred for drug abuse or drug dependence treatment at any treatment resource that receives public funding to be a priority user of available treatment and prohibits any such treatment resource from refusing to treat a person solely because the person is pregnant if appropriate resources are offered by the treatment resource. Failed
House Bill 868/Senate Bill 705
Would prohibit pain management clinics from dispensing controlled substances. Failed

Texas

House Bill 3301
Would provide for the regulation of controlled substances and the establishment of an electronic system for monitoring controlled substances. Pending
Senate Bill 1643
This bill would create the interagency prescription monitoring work group. Would also require the method of payment to be included in the prescription drug monitoring program. Pending
Senate Bill 1646
This bill would allow the board of pharmacy to adopt rules regarding the provision of pain management services by advanced practice nurses. Pending
Senate Bill 316
Would require the board of pharmacy to develop a continuing education program regarding opioid drug abuse and the delivery, dispensing, and provision of tamper-resistant opioid drugs after considering input from interested persons. The board by rule may require a license holder to satisfy a number of the continuing education hours. Pending

Utah

House Bill 270
Would amend the Controlled Substance Database Act to allow designees of the director of the Utah Department of Health to access the controlled substance database. Would also allow access to the controlled substance database to designated individuals conducting scientific studies regarding the use or abuse of controlled substances. Enacted, 2013 Utah Laws, Chap. 130.
Senate Bill 214
This bill would establish the continuing education requirements for controlled substance prescribers under the Utah Controlled Substances Act. Enacted, 2013 Utah Laws, Chap. 450

Vermont

Senate Bill 60
This bill would require the Department of Health to report to the General Assembly detailed recommendations for permitting a practitioner to prescribe and dispense lawfully naloxone or another opioid antagonist to a person at risk of experiencing an opiate-related overdose or to a family member, friend, or other person in a position to assist a person at risk of experiencing an opiate-related overdose.  Pending
Senate Bill 67
This bill would make changes to the Vermont prescription monitoring system. Pending
House Bill 331
This bill proposes to require health care providers to search the Vermont Prescription Monitoring System prior to prescribing a controlled substance. It would expand the categories of persons who may access the Vermont Prescription Monitoring System (VPMS) and reestablish the VPMS Advisory Committee. Pending
House Bill 121
This bill proposes to repeal the statutory provision permitting law enforcement officers to have access without a warrant to prescription records at pharmacies. Pending
House Bill 364
This bill proposes to require health care providers to report to the Department of Public Safety when they receive a request for a replacement prescription for a controlled substance. It would also require dispensers to report to the Vermont Prescription Monitoring System when they fill a replacement prescription for a controlled substance. Pending
House Bill 522
This bill proposes to require health care providers to search the Vermont Prescription Monitoring System prior to prescribing a controlled substance and would expand the categories of persons who may access the Vermont Prescription Monitoring System (VPMS). Pending

Virginia

House Bill 1704
This bill would add an agent designated by the chief law-enforcement officer of any county or city to the list of individuals to whom the department of health professions must disclose information relevant to a specific investigation of a specific recipient, dispenser, or prescriber upon request, and provides that agents designated by the superintendent of the department of state police or the chief law-enforcement officer of a county or city to receive information relevant to a specific investigation of a specific recipient, dispenser, or prescriber to complete the Virginia State Police Drug Diversion School. Enacted, 2013 Va. Acts, Chap. 739.
House Bill 1516
This bill would require every pharmacy permitted by the Board of Pharmacy to ensure that at least one pharmacist who is physically present at the pharmacy to have access to the Prescription Monitoring Program at all times. (Similar to Senate Bill 1254). Failed
Senate Bill 878
Would require prescribers to request and review information from the Prescription Monitoring Program prior to dispensing any Schedule II, Schedule III, or Schedule IV controlled substance. Failed

Washington

House Bill 1565/Senate Bill 5493 
This bill would fund the prescription monitoring program from the Medicaid fraud penalty account. Enacted, 2013 Wash. Laws, Chap. 36
Senate Bill 5554
This bill would require a study of the prescription monitoring program and its role in increasing coordination of care. Pending
House Bill 1593/Senate Bill 5772
Allows the department of health to provide data in the Prescription Monitoring Program to personnel of in clinical laboratories that are engaged by agreement with a person authorized to prescribe and dispense drugs for medical care. Pending

Wisconsin

Assembly Bill 3
This bill would exclude veterinarians from the prescription drug monitoring program. Enacted, 2013 Wis. Laws, Act 3.
Senate Bill 7
This bill would exclude veterinarians from the prescription drug monitoring program. Pending

West Virginia

Senate Bill 108
This bill would createthe Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner. To Governor
Senate Bill 27
This bill would allow state Police, police, sheriffs and fire and emergency service personnel to possess Naloxone or other approved opioid antagonist to administer in opioid drug overdoses. Failed
House Bill 2327
Would add the county sheriff, or his or her designee, to those law-enforcement officials who are granted access to certain confidential pharmaceutical information. Failed
House Bill 2975
This bill would permit specific law-enforcement officials who are members of federally affiliated drug task forces, including sheriffs, access to certain confidential pharmaceutical information to identify unusual prescription drug behavior. This bill would also establish a felony offense for misusing information from the controlled substance database. Failed
House Bill 2237
Would require physicians and other licensed prescribers offer the drug Naloxone to their patients who are prescribed opiates for chronic pain. Failed
House Bill 2714/Senate Bill 258
Would authorize the department of health and human resources to promulgate a legislative rule relating to chronic pain management clinic licensure. Failed


2009-2012 State Laws on the Prevention of Prescription Drug Overdose and Abuse

 

State

Description of Law

Colorado

2011 Colo., Sess. Laws, Chap. 230

Continues the PDMP until July 1, 2021. Provides a mechanism for law enforcement officials and regulatory boards to investigate prescriber behavior that is potentially harmful to the public. Also provides that each prescriber and each dispensing pharmacy is required to disclose to a patient receiving a controlled substance that their identifying prescription information will be entered into the program database. (SB 192 of 2011)

Connecticut

2012 Conn. Acts. P.A. 159

Clarifies that health professionals may prescribe opioid antagonists to a broader group of persons for the prevention of prescription drug overdoses. (HB 5063 of 2012).
2011 Conn. Acts. P.A. 11

Amends the pharmacy practice act and practitioner controlled substance registration and clarifies controlled substance registration provisions. This law also requires a biennial rather than an annual pharmacy license.

Delaware

2010 Vol. 77 Del. Laws, Chap. 396

Created the Delaware Prescription Monitoring Program (PMP) Act in the Office of Controlled Substances. PMP will monitor the prescribing and dispensing Schedule II, III, IV, and V controlled substances. This information will be provided to prescribers, dispensers, and patients to help avoid the illegal use of controlled substances. It will also be used to assist law enforcement in a related investigation.

2009 Vol. 77 Del. Laws, Chap. 161

Created a new offense which makes it a crime to be in possession of a blank prescription form or pad if not a practitioner as defined. This law also makes it a crime to take exercise control over, produce or reproduce transfer, use, give or sell a prescription form or pad of a practitioner with the intent to deprive the practitioner of such prescription pad. (SB 178 of 2009)

Florida

2011 Fla. Laws, Chap. 141 Requires prescriptions for controlled substances to be written on a counterfeit proof prescription pads. This law also clarifies standards of practice for the prescribing of controlled substances. Pain management clinic regulation and registration are amended in this law. (HB 7095 of 2011)

2010 Fla. Laws, Chap. 211 Allows the Department of Health to obtain patient records from patient if there is reasonable cause to believe that a health care practitioner has excessively or inappropriately prescribed any controlled substance. The Department does not need to obtain a release or subpoena for the investigation. This law also requires all privately owned pain management clinics to register with the Department. Physicians must also be registered. Any physician or clinic not registered will not be able to practice medicine in that clinic.(SB 2272 of 2010)

Georgia

2011 Ga. Laws, 229

Provides for the establishment of a program to monitor the prescribing and dispensing of controlled substances and among other things also provides for the establishment of an Electronic Database Review Advisory Committee. (SB 36 of 2011)

Idaho 2012 Idaho Sess. Laws, Chap. 198

Amends current law to clarify that practitioners and pharmacists licensed by states other than Idaho may access the controlled substances prescriptions database for treatment purposes. Also clarifies that the board may provide unsolicited reports to pharmacists and practitioners. (HB 439 of 2012)

Illinois

2010 Ill. Laws, P.A. 96-0361

Created the Drug Overdose Prevention Program. The Director of the program may publish an annual report on drug overdose trends statewide that includes trends in drug overdose rates, trends in ER utilization due to drug overdose and related costs, among other items. The Director may also establish a program to provide for the production and publication of overdose prevention, recognition, and response establishment. Among other provisions, this law allows the Director to award grants to create or develop local drug overdose prevention, recognition, and response projects. (HB 497 of 2010)

2010 Ill. Laws, P.A. 96-1183

Amended the Senior Pharmaceutical Assistance Act by expanding the scope of the Senior Pharmaceutical Assistance Review Committee to include, among other provisions, requiring the conducting of public hearings for prescription drug abuse and to determine if state should increase penalties especially against those under age 25. In order to do this, the Committee may review guidelines from State universities addressing drug abuse. (HB 4922 of 2010)

Kentucky

2012 Ky. Acts, Chap. 1
Establishes restrictions on pain management clinics including requiring a licensed physician with a specialty in pain management to be physically present practicing medicine in the pain management facility for at least 50 percent of the time patients are present in the facility. Also requires each state licensing board to adopt administrative regulations establishing certain requirements for licensees authorized to prescribe or dispense controlled substances. This bill contains numerous other provisions to amend current law. (HB 1 of 2012 Special Session)

Louisiana

La. Acts 2012, 352
Authorizes the sharing of prescription monitoring program information with prescription monitoring programs located in other states. (SB 112 of 2012)
La. Rev. Stat. Ann. §40:2198.12 requires all pain management clinics to be licensed by the department of health and hospitals and requires this department to prescribe and publish minimum standards, rules, and regulations regarding the operation of pain management clinics.

Maine

2011 Me. Laws, Chap. 217

Adopts the interstate prescription monitoring program compact which would provide a mechanism for state prescription monitoring programs to securely share prescription data. (HB 1056 of 2011)

2011 Me. Laws, Chap. 81

Directs the Substance Abuse Services Commission to convene a work group to review and make recommendations for improvements in how physicians and other prescribers treat patients in chronic, noncancer-related pain without causing addiction or diversion. (HB 1102 of 2011)

Massachusetts 2012 Mass. Acts, Chap. 244

Require practitioners renewing their registration to register as a participant in the prescription drug monitoring program. Also requires the department of health to distribute to pharmacies educational information about prescription drug abuse, proper disposal of prescription drugs, and addiction support or treatment resources. This session law also contains numerous other provisions to amend current law.

Maryland

2011 Md. Laws, Chap. 166

Establishes a prescription drug monitoring program to assist prescribers, dispensers and public health professionals in the identification, treatment and prevention of prescription drug abuse. This bill allows the data from the state’s program to be shared with another state’s prescription drug monitoring program. (SB 883 of 2011)

Montana

2011 Mont. Laws, Chap. 241

Requires the board of pharmacy to establish and maintain a prescription drug registry for the purpose of improving patient safety. Also establishes rules and requirements of registry. (HB 83 of 2011)

New Hampshire

2012 N.H. Laws, Chap. 196

Establishes the controlled drug prescription health and safety program and would grant the New Hampshire pharmacy board rulemaking authority for the purposes of the bill. (SB 286 of 2012)

New Mexico 2012 N.M. Laws, Chap. 41
Amends the current New Mexico pain relief act by requiring continuing education for non-cancer pain management. (SB 215 of 2012)

 New York

Senate Bill 7637

Would enact the Internet System for Tracking Over-Prescribing. Would provide for the creation of a system for collecting, monitoring and reporting data concerning the prescribing and dispensing of schedule II, III, IV and V controlled substances and any other substance identified by the commissioner. Enacted, 2011 NY Laws, Chap. 447.
2010 N.Y. Laws, Chap. 178

Amended the current prescription drug monitoring program to inform the pharmacy that a person who presents or has presented a prescription for one or more controlled substances at the pharmacy may have also obtained one or more controlled substances at another pharmacy where the circumstances indicate a possibility of drug abuse or diversion, potential harm to the person, or similar grounds under regulations of the commissioner. (AB 7662 of 2010)

North Carolina

2011 N.C. Sess. Laws, Chap. 117

Established the North Carolina Smart Card Pilot program. In this pilot program the department of health and human services may allow electronic prescribing services and prescription drug database integration and tracking in order to prevent medical error through information sharing and to reduce pharmaceutical abuse. (SB 307 of 2011)

Ohio

2011 Ohio Laws, H. 93

Requires the board of pharmacy to license pain management clinics and provides for the clinics to be licensed as terminal distributors of dangerous drugs with a pain management clinic classification. Also requires board to adopt rules establishing standards for physician operation of pain management clinics and standards to be followed by physicians who provide care at the clinics. Requires the pharmacy board, Attorney General, and department of alcohol and drug addiction services to develop a program under which drugs are collected from the community for destruction or disposal. Authorizes a coroner to notify the medical board about a death caused by a drug overdose. Also requires each Medicaid managed care organization and the Medicaid fee-for-service system to establish a coordinated services program for Medicaid recipients who obtain prescription drugs at a frequency or in an amount that is not medically necessary.

Tennessee 2012 Tenn. Pub. Acts 340
Regulates pain managemetn clinics and requires that such clinics apply for certification with the department of health. (HB 1040 of 2012)

2012 Tenn. Pub. Acts, 932

Requires the board of pharmacy tol publish a list of opioid drugs incorporating tamper or abuse resistance properties. (SB 3003 of 2012)

2012 Tenn. Pub. Acts, Chap. 880
Enact the Tennessee Prescription Safety Act of 2012 and revise various provisions of present law regarding the controlled substance database.

Texas

2011 Tex. Gen. Laws, Chap. 1228

Amends current law to allow certain controlled substances to be dispensed with an electronic prescription. (SB 594 of 2011)

Utah

2012 Utah Laws, Chap. 174

Makes information in the controlled substances database and information obtained from other state or federal prescription monitoring programs by means of the database available to certain individuals. Allows individuals employed in an emergency room of a hospital to exercise access to the database. (HB 257 of 2012)
2011 Utah Laws, Chap. 38

Makes information in the prescription drug monitoring database available to employees of the Office of Internal Audit and Program Integrity within the Department of Health who are engaged in their specified duty of ensuring Medicaid program integrity. (HB 358 of 2011)

2011 Utah Laws, Chap. 103

Designates the month of April as Clean Out the Medicine Cabinet Month in Utah. (HB 241 of 2011)

2011 Utah Laws, Chap. 226

Authorizes certain individuals to access the controlled substance database for the purpose of reviewing a patient's request for workers' compensation benefits. (SB 248 of 2011)

2010 Utah Laws, Chap. 287

Amended provisions relating to the Controlled Substance Database and states requirements for individuals, other than veterinarians, who are licensed to provide a controlled substance or applying for a license or renewing a license. These individuals have to register to use the database, take a tutorial and pass a test relating to the database and prescribing of a controlled substance. Any failure to register will result in a felony. (HB 28 of 2010)

2010 Utah Laws, Chap. 290

Provides for notification of practitioners if a patient 12 years of age or older is admitted to hospital for poisoning by or overdose of a prescribed, controlled substance that practitioner may have prescribed. (HB 35 of 2010)

Virginia

2012 Va. Acts, Chap. 21

Modifies the prescription drug monitoring program to require dispensers of covered substances to report the method of payment for the prescription. Also requires the director of the department of health professions to report information relevant to an investigation of a prescription recipient, in addition to a precriber or dispenser, to any federal law-enforcement agency with the authority to conduct drug diversion investigations. (HB 347 of 2012)

Washington

2010 Wash. Laws, Chap. 9

Created provisions for drug overdose prevention. Among other provisions, the law allows a person who is experiencing an overdose and seeks medical attention may not be charged or prosecuted for possession of a controlled substance. (SB 5516 of 2010)

West Virginia

2010 W.Va. Acts, Chap. 147

Created the official prescription program act, which requires prescriptions to be written on a tamper-proof prescription pad, among other provisions. (SB 81)

 

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