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Posted January 25, 2008
Prescription Drug Monitoring
Legislation Enacted in 2007
Arizona HB2136 – Chapter 269
Statenet Summary: Concerns the state Pharmacy Board fund, provides for transfer to the Controlled Substances Prescription Monitoring Program fund for expenses, provides for on-site inspections if the board has information it believes would require such inspection, amends the date by which a prescription order for a controlled substance may be dispensed after the prescription was written, provides for information to patients and confidentiality of medical information, relates to pharmaceutical samples.
NCSL Comments: Allows state board of pharmacy to adopt rules and appoint a task force for computerized prescription monitoring program. Establishes to whom data may be released, including law enforcement officials upon written request that the information is necessary for an open investigation or complaint. Provides for PMP fund administered by the board. Establishes reporting requirements and penalties for fraudulent or unauthorized or other use inconsistent with the legitimate purpose of the system.
Colorado SB204 – Chapter 265
Statenet Summary: Concerns the creation of a funding source for the Prescription Drug Monitoring Program, provides for the collection of, if the appropriations for the direct or indirect costs of the program are insufficient to maintain the program, a fee from an individual who holds a license that authorizes him or her to prescribe a controlled substance and shall be collected in conjunction with license renewal fees.
NCSL Comments: Allows the board of pharmacy to create a prescription monitoring program fund, made up of fees up to $7.50 per year the board is authorized to collect a fee from prescription license holders.
Iliniois SB 30 – Chapter 95-442
Statenet Summary: Amends the Controlled Substances Act. Requires the Department of Human Services to establish an electronic system for monitoring Schedules III, IV, and V controlled substances that are dispensed within the State by a practitioner or pharmacist or dispensed to an address within the State by a pharmacy. Provides that no fee shall be charged for access to the repository. Provides for the release of such information to a county sheriff, state's attorney or municipal police department for investigations.
NCSL Comments: Expands PMP to include all scheduled controlled substances. Limits data stored to 24 months. Provides for collection of the schedule II IV and V substances as part of the PMP contingent upon federal funding.
Kansas SB 302 – Chapter 2007-91
Statenet Summary: Creates a controlled substance monitoring task force to discourage the abuse of controlled substances.
NCSL Comments: Creates a controlled substance monitoring task force to plan for creation and implementation of a controlled substances prescription monitoring program and an electronic log of sales of ephedrine and pseudoephedrine. Plan is to include recommendations for future legislative action.
Kentucky SJR48 – Chapter 15
Statenet Summary: Directs the Cabinet for Health and Family Services to enter into reciprocal agreements with other states relative to the KASPER drug monitoring program and to upgrade the system to allow users real-time access to the system and its capabilities, with a report on progress toward these objectives being made to the Legislative Research Commission.
NCSL Comments: Allows the Kentucky All Schedule Prescription Electronic Reporting System (KASPER) to enter into reciprocal agreements with other states and directs upgrade of the system to provide users real-time access to data.
North Dakota SB2134 – Chapter 0
Statenet Summary: Relates to a prescription drug monitoring program for controlled substances, a central repository, re-identified health care information, dispensers, patients, prescribers and submission by electronic means, authorizes contracts with outside vendors, provides immunity to a prescriber, dispenser or other health care practitioner acting in good faith, provides for confidentiality of information, provides for workforce safety and insurance for utilization of controlled substances by a medicaid recipient.
NCSL Comments: Repeals and reenacts prescription drug monitoring program and requires dispensers to submit via electronic means information regarding each prescription for a controlled substance. Establishes information as confidential and provides for disclosure to prescribers and dispensers of controlled substances, to individuals seeking own or minor child's records, regulatory agencies responsible for licensing, law enforcement or prosecutors for purpose of investigation or prosecution, others for regulatory and research purposes. Provides authority to contract for operation of the system. Establishes that prescribers or dispensers are not required to query the system and provide immunity for seeking or not seeking information from the registry. Provides procedures for investigating and responding to misuse of the system. Creates advisory council.
New Jersey SB 1604 (2006) – Chapter 2007-244
Statenet Summary: Establishes a prescription monitoring program in the Division of Consumer Affairs to consist of an electronic system for monitoring any controlled dangerous or counterfeit substance dispensed by a pharmacist in an outpatient setting.
NCSL Comments: Establishes a Prescription Monitoring Program in the Division of Consumer Affairs in the Department of Law and Public Safety. Provides for an electronic system for monitoring controlled dangerous substances that are dispensed in or into the State by a pharmacist in an outpatient setting. Requires pharmacy permit holders to provide to the division, by electronic means in a format and at such intervals as are specified by the director, information about each prescription for a controlled dangerous substance dispensed by the pharmacy, including certain required information. Addresses privacy by requiring that patient information collected, recorded, transmitted and maintained is not disclosed, except as permitted under password-protected access. Includes on-line tutorial for persons with access to prescription monitoring information outlining the rights and responsibilities of persons who are the subject of or access this information.
Nevada AB446 – Chapter 222
Statenet Summary: Revises provisions governing the tracking of prescriptions for controlled substances, provides that each practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III or IV must have Internet access to the database of the computerized program.
NCSL Comments: Revises prescription drug monitoring program provisions to require practitioners before writing prescription for schedule II, II or IV durgs to check system report if he/she has reasonable belief that the patient may be seeking the substance for reason other than treatment of an existing medical condition, if the patient is new to the practitioner and has not received any controlled substance prescription from the provider in the preceding 12 months. Requires Board of Pharmacy to to provide each practitioner who is authorized to write controlled substances prescriptions with Internet access to the database.
Tennessee HB 2234 – Chapter 498
Statenet Summary: Concerns controlled substances and the controlled substance monitoring database; revises provisions governing the disclosure of information obtained under the Controlled Substance Monitoring Act; prohibits a pharmacist or licensed practitioner from disclosing such information.
NCSL Comments: Revises PMP provisions regarding access to the database, allowing password protected Internet access to authorized users. Clarifies that prescribers or dispensers are prohibited from disclosing the information to persons other than the patient and other dispensers identified by the collected information.
Tennessee SB 2192 – Chapter 518
Statenet Summary: Concerns controlled substances; removes provision whereby controlled substance database information is available to the Bureau of Investigation Personnel actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities related directly to TennCare.
NCSL Comments: Transfers controlled substances monitoring database responsibilities from department of commerce and insurance to the department of health and makes the director of the board of pharmacy the executive director of the system.
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