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Prevention of Prescription Drug Overdose and Abuse

Prevention of Prescription Drug Overdose and Abuse

Updated March 31, 2014

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 2009-2013 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.

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: 2014 Introduced State Legislation

State

Bill Information and Summary

Alabama

House Bill 624

This bill would authorize a physician or dentist to prescribe an opioid antagonist to an individual at risk of experiencing an opiate-related overdose or to an individual who is in a position to assist another individual at risk of experiencing an opiate-related overdose. This bill would provide immunity to a physician or dentist who prescribes an opioid antagonist and to an individual who administers an opioid antagonist. Pending

California

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. Failed

Assembly Bill 1535

Would authorize a pharmacist to furnish naloxone hydrochloride in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber or developed and approved by both the State Board of Pharmacy and the Medical Board. Would require a pharmacist to complete a training program on the use of opioid antagonists prior to performing the procedure. Pending

Colorado

House Bill 1173

This bill would grant the medical director, or his or her designee, at substance abuse treatment facilities, with patient permission, access to the state prescription drug monitoring program. Also requires the Office of Behavioral Health to create a secure online substance abuse treatment registry to allow substance abuse treatment facilities to verify patient eligibility and register patients. Would grant the Department of Human Services the authority to impose a wider range of disciplinary actions for violations of the act. Pending

House Bill 1207

This bill would create a household medication take-back program. Pending

House Bill 1283

This bill would make changes to the current prescription drug monitoring program to do the following: to deliver unsolicited reports of prescription data to practitioners and pharmacies; to allow a prescribing practitioner or pharmacist to delegate authority to access the database to up to three designees; to requires prescribers and pharmacists to register with the PDMP; and allow out-of-state pharmacists to access database information.  Pending

Connecticuit

House Bill 5487

This bill would provide immunity to a person who administers an opioid antagonist to another person experiencing an opioid-related drug overdose. Pending

Florida

Senate Bill 7016

Would revise provisions relating to the comprehensive electronic database system and prescription drug monitoring program maintained by the Department of Health; requires a law enforcement agency to submit a subpoena as a condition of direct access to information in the program. Pending

Senate Bill 7014

Amends provisions which make confidential and exempt certain information of a patient or patient's agent, health care practitioner, and others held by the Department of Health. Also specifies that the Attorney General, health care regulatory boards, and law enforcement agencies may disclose certain confidential and exempt information to certain entities only if such information is relevant to an active investigation that prompted the request for the information. Pending

Senate Bill 862

Would require a law enforcement agency to submit a court order as a condition of direct access to information in the prescription drug monitoring program. This bill would also authorize the department of health to provide relevant information that does not contain personal identifying information if the program manager determines a specified pattern exists. Pending

Senate Bill 866

Would amend current law to strengthen security of persona indentifying information in the prescription drug monitoring database by requiring law enforcement agencies to obtain a court order prior to receiving confidential information from the database, and would restrict information the department of health sends to law enforcement agencies. Pending

House Bill 1381

Would revise provisions relating to database of controlled substance dispensing information and program funding requirements. Would also require a prescriber to access and view certain patient information in database before initially prescribing controlled substance. Pending

Georgia

House Bill 966

Would authorize licensed health practitioners to prescribe opioid antagonists to certain individuals and entities.  Would also
authorize emergency medical services personnel to administer parenteral injections of opioid antagonists. To Governor

House Bill 965

Would provide immunities from certain arrests, charges, or prosecutions for persons seeking medical assistance for a drug overdose. To Governor

Hawaii

House Bill 2144

Would limit the number of days of supply of narcotic drugs that a physician may prescribe for pain management. Would also require a blood or urine test and consultation with a pharmacist for refills of narcotic drugs in certain circumstances. Failed

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). Failed

Senate Bill 650 

Would prohibit doctors, nurses, and pharmacists from prescribing long-acting opioid painkillers in emergency rooms. Would also prohibit doctors, nurses, and pharmacists in emergency rooms from prescribing more than a three-day supply of opioid painkillers. Failed

Illinois

Senate Bill 2928

This bill would create the Lake County Prescription Drug Disposal Pilot Program to facilitate the collection, transportation, and disposal of pharmaceuticals by law enforcement agencies. Pending

Iowa

House File 2207

Would grant immunity from prosecution to certain persons seeking medical assistance in possession of a controlled substance cases. Also clarifies that a person who, in good faith, seeks medical assistance for another person experiencing a controlled substance overdose shall not be charged or prosecuted for possession of a controlled substance if the evidence for the charge was obtained as a result of the person seeking medical assistance for the other person. Pending

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 - Carryover

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 - Carryover

House Study Bill 186

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. Pending - Carryover

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 - Carryover

Kentucky

Senate Bill 12

Would allow peace officers, firefighter, paramedics, and emergency medical technicians to use nalaxone at the scene of a narcotic drug overdose. Pending

Senate Bill 5

This bill would increase the scope of mandatory coroner and medical examiner reporting in deaths involving Schedule I deaths and directs that a portion of recaptured savings from criminal justice reforms be directed to funding of KY-ASAP. Would specify the controlled substance treatment services to be offered under Medicaid, and would increase the availability of naloxone for use as a rescue drug for narcotic overdose situations. Pending

House Bill 458

Would allow peace officers, firefighters, paramedics, and emergency medical technicians to be prescribed, possess, and use naloxone at the scene of a opioid drug overdose. Pending

Louisiana

House Bill 755

Would authorize the administration of naloxone by a third party. Pending

Senate Bill 422 

Provides immunity for rendering assistance in medical emergencies involving alcohol consumption or drug overdose. Pending

Maine

House Bill 1209
Would authorize the prescription, possession and administration of opioid antagonists under certain circumstances and would provide criminal and civil immunities for such prescription, possession and administration. Also would provide for Medicaid coverage of naloxone hydrochloride using existing resources. Pending

Senate Bill 743

This bill implements the recommendations of the Substance Abuse Services Commission with regard to the Controlled Substances Prescription Monitoring Program including updating the monitoring program's online enrollment mechanism for prescribers of controlled substances and directing the department of health and human services to take action to enable those prescribers to renew professional applications online. Pending

Maryland

House Bill 1296 

Would authorize the prescription drug monitoring program to review prescription monitoring data for a specified purpose and report possible misuse or abuse of a monitored prescription drug to a prescriber or dispenser. Pending

House Bill 1297

Would create a task force to study the use and trade of illicit opioids in traditionally rural counties. Pending

House Bill 1343/Senate Bill 969 

This bill would require the secretary of Veterans Affairs to establish an opioid time lock dispenser pilot program, which would provide a device that is programmed to dispense medication on a schedule to veterans participating in the program. Pending

Massachusetts

Senate Bill 1817
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

House Bill 2126

This bill would establish guidelines governing the prescription drug drop-off grant program. Pending

Minnesota

Senate Bill 1900/House Bill 2307

This bill would limit the liability for the administration of opiate antagonists for drug overdose. Pending
Mississippi

House Bill 371

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. Failed

Senate Bill 2824

Would require dispensers and prescribers to check the prescription monitoring program database before dispensing or prescribing certain drugs. Failed

House Bill 843

Would provide that data collected in the prescription monitoring program is not subject to disclosure, and that collected data in the program shall not be subject to civil subpoena, and shall not be disclosed, discoverable or compelled to be produced in any civil proceeding, and shall not be deemed admissible as evidence in any civil proceeding for any reason. Failed

House Bill 844

Would require veterinarians to report all narcotic drugs prescribed or administered to the board of veterinary medicine. Failed

House Bill 1178

Would require dispensers and prescribers to check the Prescription Monitoring Program Database before dispensing or prescribing certain drugs. Failed

House Bill 1272

Would remove controlled substance drugs dispensed by a veterinarian from the class of controlled substance required to be reported to and monitored by the Board of pharmacy under the prescription monitoring program. Failed

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 - Carryover

New Jersey

Senate Bill 101

Would require prescribers and pharmacists to check prescription monitoring program prior to prescribing and dispensing Schedule II drugs (Similar to Assembly Bill 1232). Pending

Senate Bill 105
Would require insurers to provide minimum of 30 days inpatient treatment for substance abuse when physician determines treatment is medically necessary. Pending

Senate Bill 364

Concerns access to information maintained by Prescription Monitoring Program. Pending

Senate Bill 365

Would implement recommendations of the report entitled "Scenes from an Epidemic" concerning prescription drug and heroin abuse. (Similar to Assembly Bill 3062) Pending

Assembly Bill 1436

Would establish a Statewide Opioid Law Enforcement Coordinating Task Force. Pending

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 851
This bill would eliminate criminal liability for persons who seek medical assistance in response to drug overdose. (Similar to Assembly Bill 578). Pending

Assembly Bill 4220/Senate Bill 2926
Would require the Division of Consumer Affairs to review the prescription monitoring information from pharmacies to identify whether any person is obtaining prescriptions in a manner that may be indicative of misuse, abuse, or diversion of controlled dangerous substances. Pending

Senate Bill 2875
Would require prescribers and pharmacists to check prescription monitoring program prior to prescribing and dispensing Schedule II drugs. Pending

Assembly Bill 1232

Would require prescribers and pharmacists to check prescription monitoring program prior to prescribing and dispensing schedule II drugs. Pending

Assembly Bill 706

Concerns access to the information maintained by the prescription monitoring program. Pending

Assembly Bill 711

Would require proof of identification for dispensation of certain prescription medications. Pending

Assembly Bill 2770

Would provide for certification for emergency medical technicians to administer opioid antidotes. Pending

Assembly Bill 3007

This bill would requires practitioners prescribing Schedule II drugs to check prescription monitoring program prior to issuing prescription and to report prescriptions for Schedule II drugs to program. Pending

Assembly Bill 3008

Would strengthen requirements regarding prescription monitoring program and broadens access to prescription monitoring program by law enforcement agencies. Pending

Assembly Bill 3056

Would establish an Opioid Abuse Prevention Committee to study the effectiveness of policies on reducing the harms related to opioid abuse. Pending

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 (similar to Senate Bill 6692 and Senate Bill 6725). Pending

Assembly Bill 3025
Would enact the Behavioral Health Services for Veterans Act (similar to Senate Bill 4765). Pending

Senate Bill 6477

Would allow a health care professional to prescribe, dispense, and distribute an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose (similar to Assembly Bill 8637). Pending
North Carolina 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 - Carryover

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 - Carryover

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 - Carryover

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 - Carryover

Senate Bill 937
Would create the “Task Force on Prescription Drug Fatality”. Pending - Carryover

Pennsylvania

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 6237

Would give the prescribers of medication the discretion to request a prior authorization for a tamper-resistant opioid medication for patients with a history of abuse/diversion or at risk of abusing drugs. Pending

South Carolina

Senate Bill 1012

Would provide that a person who illegally and knowingly possesses or possesses with the intent to distribute a drug available only by prescription is guilty of trafficking in prescription drugs and to provide penalties. Pending

House Bill 4811

Would provide that certain professionals and other individuals protection from civil and criminal liability and professional discipline for prescribing, dispensing, or administering an opioid antidote to individuals at risk of an opioid overdose. Would also require provision of instructional information to non-health care professionals administering opioid antidotes and documentation of receipt of the instruction. 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. Pending - Carryover

House Bill 1264

Would authorize protocols and other requirements for prescribing certain controlled substances and revises requirements for pain clinics. Pending - Carryover

Senate Bill 1820/House Bill 1966

Would revise the Intractable Pain Treatment Act to promote more appropriate use of controlled substances. Pending

House Bill 1427

Would provide for immunity from civil liability for prescribers of opioid antagonists and those who administer it in order to address opioid-related drug overdoses. Pending

Senate Bill 1631

Would provide for immunity from civil liability for prescribers of opioid antagonists and those who administer it in order to address opioid-related drug overdoses. To Governor

Utah

Senate Bill 29

Would provide access to the Controlled Substance Database to authorized employees of a Medicaid managed care organization if the Medicaid managed care organization suspects the Medicaid recipient is improperly obtaining a controlled substance. Enacted

Senate Bill 178 

Would modify the Controlled Substance Database Act regarding access by allowing the pharmacist-in-charge to designate a specified number of licensed pharmacy technicians to have access to the database on behalf of the pharmacist in accordance with statutory requirements. To Governor

Vermont

Senate Bill 300

Relates to substance abuse testing and treatment for recipients of public assistance. Pending

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 - Carryover

Senate Bill 67
This bill would make changes to the Vermont prescription monitoring system. Pending - Carryover

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 - Carryover

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 - Carryover

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 - Carryover

Virginia

House Bill 874

Would require prescribers to report prescription drugs of concern to the Prescription Monitoring Program. To Governor

Senate Bill 294

Would require prescribers licensed in the Commonwealth to register with the Prescription Monitoring Program. Would also require registered prescribers to request, from the Director of the Department of Health Professions, information regarding a patient's treatment history prior to issuing a prescription for benzodiazepine or an opiate. Enacted, Chapter 178

House Bill 1249

Would require prescribers to request information from the Prescription Monitoring Program for the purpose of establishing a drug treatment history prior to initiating treatment with benzodiazepines or other opiates and then a specified time after initiating such treatment and at least every specified number of days thereafter for so long as the prescriber continues to prescribe benzodiazepine for the patient. Enacted, Chapter 93

Washington

Senate Bill 5554
This bill would require a study of the prescription monitoring program and its role in increasing coordination of care. Pending - Carryover

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 - Carryover

West Virginia

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. Pending

Senate Bill 17

Would allow possession of opioid antagonist by certain public safety personnel (Same as House Bill 4161 and Senate Bill 336). Pending

House Bill 4269

Concerns offers of Emergency Aid Medication to Patients Prescribed Opiates. Pending

House Bill 4169

This bill would ensure the emergency aid medication Naloxone is made available to patients prescribed opiates, establish responsibilities for licensed prescribers of opiates to follow, and provide for education of patients, their family members or caregivers. Pending

Wisconsin

Senate Bill 352
Would require emergency medical technicians to carry naloxone, and immunity for certain individuals who administer naloxone (Similar to Assembly Bill 446). Pending

Assembly Bill 446 

Would require emergency medical technicians to carry opioid antagonists and would provide immunity for certain individuals who prescribe, dispense, delivery, or administer opioid antagonists. To Governor


2009-2013 State Laws on the Prevention of Prescription Drug Overdose and Abuse

State

Description of Law

Alabama

2013 Ala. Acts, Act 256

Made changes to the controlled substances prescription database advisory committee. Also required payment information to be included in the prescription monitoring database. This law changed 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. (2013 HB 150)

2013 Ala. Acts, Act 257

Provided additional powers for the Alabama Board of Medical Examiners regarding regulating pain management clinics and physicians. (2013 HB 151)
California

2013 Cal. Stats., Chap. 707

Authorized 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.  (2013 AB 635)

2013 Cal. Stats., Chap. 400

Established 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. (2013 SB 809)

2013 Cal. Stats., Chap. 399
Authorized the California Medical 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. (2013 SB 670)

Colorado

2013 Colo., Sess. Laws, Chap. 178

Allowed 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. (2013 SB 14)

2011 Colo., Sess. Laws, Chap. 230

Continued the PDMP until July 1, 2021. Provided a mechanism for law enforcement officials and regulatory boards to investigate prescriber behavior that is potentially harmful to the public. Also provided 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. (2011 SB 192)

Connecticut

2013 Conn. Acts, P.A. 172

Required the commissioner of health to establish an electronic prescription drug monitoring program to collect, by electronic means. Also established certain rules for this program. (2013 HB 6406)

2012 Conn. Acts. P.A. 159

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

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

Delaware

Vol. 79 Del. Laws, Chap. 85

Provided criminal immunity for persons who suffer or report an alcohol or drug overdose or other life threatening medical emergency. (2013 SB 116)

Vol. 79 Del. Laws, Chap. 164

Authorized licensed chemical dependency professionals and licensed professional counselors of mental health to access the Prescription Monitoring Program when a patient is enrolled in a substance abuse treatment program, and for the Chief Medical Examiner or a licensed physician designee for the purpose of investigating a person’s death. Also authorized the exchange of prescription information submitted to the PMP through an interstate commission with an authorized member state. (2013 SB 59)

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

2013 Fla. Laws, Chap. 26

Prohibited certified optometrists from administering or prescribing pharmaceutical agents listed in Schedule I or Schedule II. (2013 HB 239)

2011 Fla. Laws, Chap. 141

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

2010 Fla. Laws, Chap. 211

Allowed 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 required 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. (2010 SB 2272)

Georgia

2013 Ga. Laws, p. 128

Enacted the "Georgia Pain Management Clinic Act" and require the licensure of pain management clinics. Also provided for requirements for pain management clinic licensure and the denial, suspension, and revocation of licenses. (2013 HB 178)

2011 Ga. Laws, 229

Provided 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. (2011 SB 36)

Idaho

2013 Idaho Sess. Laws, Chap. 317

Appropriated $627,600 from the Millennium Income Fund to the Office of Drug Policy for the period July 1, 2013, through June 30, 2014 to implement a statewide "Lock Your Meds" media campaign designed to educate Idahoans about the dangers of prescription drug abuse.  (2013 SB 1181)

2012 Idaho Sess. Laws, Chap. 198

Amended 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 clarified that the board may provide unsolicited reports to pharmacists and practitioners. (2012 HB 439)

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. (2010 HB 497)

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. (2010 HB 4922)

Indiana

2013 Ind. Acts, P.L. 114
Establishes the Indiana Scheduled Prescription Electronic Collection and Tracking Program (INSPECT) interim study committee to study potential enhancements to the program, including real time reporting of collected information, reporting of criminal convictions for crimes involving controlled substances and illegal drugs, and requiring health care practitioners who prescribe medications to use the program.  (2013 HB 1465)

Kentucky

2012 Ky. Acts, Chap. 1
Established 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 required each state licensing board to adopt administrative regulations establishing certain requirements for licensees authorized to prescribe or dispense controlled substances. (2012 Special Session HB 1)

Louisiana

La. Acts 2012, 352
Authorized the sharing of prescription monitoring program information with prescription monitoring programs located in other states. (2012 SB 112)
La. Rev. Stat. Ann. §40:2198.12

Required 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

2013 Me. Laws, Chap. 25
Required the Substance Abuse Services Commission to develop a process to increase registration in the Controlled Substances Prescription Monitoring Program through professional licensing boards and to develop strategies to promote the use of the program by prescribers. (2013 LD 388)

2013 Me. Laws, Chap. 121
Made 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 law is to reduce the cost of safe, effective and proper disposal of unused pharmaceuticals in order to reduce prescription drug abuse. (2013 LD 881)

2011 Me. Laws, Chap. 217

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

2011 Me. Laws, Chap. 81

Directed 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. (2011 HB 1102)

Massachusetts 2012 Mass. Acts, Chap. 244

Required practitioners renewing their registration to register as a participant in the prescription drug monitoring program. Also required 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.

Maryland

2013 Md. Laws, Chap. 299

Provided for an Overdose Response Program overseen by the Department of Health and Mental Hygiene. Authorized 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. (2013 SB 610)

2013 Md. Laws, Chap. 177

Added the Division of Drug Dontrol 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. (2013 SB 80)

2011 Md. Laws, Chap. 166

Established 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 allowed the data from the state’s program to be shared with another state’s prescription drug monitoring program. (2011 SB 883)

Montana

2013 Mont. Laws, Chap. 407

Revised 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. (2013 SB 323)

2011 Mont. Laws, Chap. 241

Required 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. (2011 HB 83)

New Hampshire

2013 N.H. Laws, Chap. 161

Established a committee to study the use and misuse of prescription drugs in workers' compensation cases. (2013 SB 71)

2012 N.H. Laws, Chap. 196

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

New Jersey

2013 N.J. Laws, Chap. 46

Created 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. Provided 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.  (2013 SB 2082/AB 3095)

New Mexico

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

 New York

2011 N.Y. Laws, Chap. 477

Enacted the Internet System for Tracking Over-Prescribing. Provided 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. (2011 SB 7637)
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. (2010 AB 7662)

North Carolina

2013 N.C. Sess. Laws, Chap. 23

Provided 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 SB 20)

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. (2011 SB 307)

Ohio

2013 Ohio Laws, Chap. 29

Established 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. (2013 SB 57)

2011 Ohio Laws, H. 93

Required 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 required the 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. Required 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. Authorized a coroner to notify the medical board about a death caused by a drug overdose. Also required 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.

Oklahoma

2013 Okla. Sess. Laws, Chap. 322

Allowed first responders to administer opiate antagonists without a prescription when encountering a person exhibiting signs of a drug overdose.  (2013 HB 1782)

2013 Okla. Sess. Laws, Chap. 323

Created the Oklahoma Prescription Drug Reform Act of 2013 and prohibited more than two refills for any product containing hydrocodone with another active ingredient. (2013 HB 1783)
Oregon

2013 Or. Laws, Chap. 340

Required the Oregon Health Authority to prescribe criteria for training on treatment of opiate overdose and specifies requirements for training.  Also allowed persons successfully completing training to possess and administer naloxone for treatment of opiate overdose. (2013 SB 384)

2013 Or. Laws, Chap. 297

Provided that the Oregon State Board of Nursing may authorize certified registered nurse anesthetists to write prescriptions and dispense prescription drugs, including prescriptions for scheduled controlled substances.  (2013 SB 136)
Rhode Island

2013 R.I. Pub. Laws, Chap. 124

Required 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.  (2013 HB 5756)

2013 R.I. Pub. Laws, Chap. 132
Required 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. (2013 SB 647)

2013 R.I. Pub. Laws, Chap. 272

Created 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. (2013 HB 5982)

Tennessee

2013 Tenn. Pub. Acts, Chap. 430

Authorized protocols and other requirements for prescribing certain controlled substances and revises requirements for pain clinics. (2013 SB 676)

2013 Tenn. Pub. Acts, Chap. 398

Required 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. (2013 SB 459)

2013 Tenn. Pub. Acts, Chap. 336

Prohibited pain management clinics from dispensing controlled substances. (2013 HB 868)

2013 Tenn. Pub. Acts, Chap. 276

Required a pharmacist to make every reasonable effort to prevent the abuse of drugs which the pharmacist dispenses.  (2013 SB 962)

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

2012 Tenn. Pub. Acts, 932

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

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

Texas

Senate Bill 1643 of 2013

Created the Interagency Prescription Monitoring Work Group. Also required the method of payment to be included in the prescription drug monitoring program.

Senate Bill 316 of 2013

Required 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.

2011 Tex. Gen. Laws, Chap. 1228

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

Utah

2013 Utah Laws, Chap. 130

Amended the Controlled Substance Database Act to allow designees of the director of the Utah Department of Health to access the controlled substance database. Allowed access to the controlled substance database to designated individuals conducting scientific studies regarding the use or abuse of controlled substances. (2013 HB 270)

2013 Utah Laws, Chap. 450

Established the continuing education requirements for controlled substance prescribers under the Utah Controlled Substances Act. (2013 SB 214)

2012 Utah Laws, Chap. 174

Made 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. Allowed individuals employed in an emergency room of a hospital to exercise access to the database. (2012 HB 257)
2011 Utah Laws, Chap. 38

Made 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. (2011 HB 358)

2011 Utah Laws, Chap. 103

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

2011 Utah Laws, Chap. 226

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

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. (2010 HB 28)

2010 Utah Laws, Chap. 290

Provided 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. (2010 HB 35)

Vermont

2013 Vt. Acts, Act 75

Required health care providers to search the Vermont Prescription Monitoring System prior to prescribing a controlled substance and expanded the categories of persons who may access the Vermont Prescription Monitoring System (VPMS). (2013 HB 522)
Virginia

2013 Va. Acts, Chap. 739

Added 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 provided 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. (2013 HB 1704)

2012 Va. Acts, Chap. 21

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

Washington

2013 Wash. Laws, Chap. 36

Funded the prescription monitoring program from the Medicaid fraud penalty account. (2013 HB 1565/SB 5493)

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. (2010 SB 5516)

West Virginia

2013 W.Va. Acts, Chap. 82

Created the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner. (2013 SB 108)

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. (2010 SB 81)

Wisconsin

2013 Wis. Laws, Act 3.

Excluded veterinarians from the prescription drug monitoring program.  (2013 AB 3)

 

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