2005 Regular Session
To: Public Health and Human Services; Appropriations
By: Representative Barnett
AN ACT TO PROVIDE THAT THE STATE BOARD OF PHARMACY SHALL ESTABLISH AND MAINTAIN A CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM, WHICH SHALL BE AN ELECTRONIC SYSTEM FOR MONITORING THE DISPENSING OF CONTROLLED SUBSTANCES IN THE STATE; TO PROVIDE THAT EACH DISPENSER WHO DISPENSES A CONTROLLED SUBSTANCE SHALL SUBMIT TO THE BOARD CERTAIN SPECIFIED INFORMATION RELATING TO THAT DISPENSING; TO PROVIDE THAT PRESCRIPTION MONITORING INFORMATION SUBMITTED TO THE BOARD SHALL BE CONFIDENTIAL, WITH CERTAIN SPECIFIED EXCEPTIONS, AND SHALL BE EXEMPT FROM THE PROVISIONS OF THE PUBLIC RECORDS ACT; TO PROVIDE THAT THE BOARD SHALL REVIEW PRESCRIPTION MONITORING INFORMATION, AND SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY AND PROFESSIONAL LICENSING AGENCY IF THERE IS REASONABLE CAUSE TO BELIEVE A VIOLATION OF LAW MAY HAVE OCCURRED; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE ACT; TO PROVIDE THAT THE BOARD SHALL IDENTIFY THE COST-BENEFITS OF THE PROGRAM AND REPORT THAT INFORMATION ANNUALLY TO THE GOVERNOR AND THE LEGISLATURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Controlled Substances Prescription Monitoring Act."
SECTION 2. As used in this act, the following terms shall have the following meanings, unless the context requires otherwise:
(a) "Board" means the State Board of Pharmacy.
(b) "Controlled substance" means a drug, substance or immediate precursor included in Schedule I, II, III, IV or V in Sections 41-29-113 through 41-29-121 of the Uniform Controlled Substances Law.
(c) "Dispenser" means a person authorized in this state to distribute to the ultimate user a controlled substance, but does not include:
(i) A licensed hospital pharmacy that distributes controlled substances for the purposes of inpatient hospital care or the dispensing of prescriptions for controlled substances at the time of discharge from such a facility;
(ii) A licensed nurse or medication aide who administers a controlled substance at the direction of a licensed physician; or
(iii) A wholesale distributor of a controlled substance.
(d) "Prescriber" means a licensed health care professional with authority to prescribe controlled substances.
(e) "Prescription monitoring information" means information submitted to and maintained by the prescription monitoring program.
(f) "Prescription monitoring program" means the controlled substances prescription monitoring program established under Section 3 of this act.
SECTION 3. (1) The State Board of Pharmacy shall establish and maintain a controlled substances prescription monitoring program, which shall be an electronic system for monitoring the dispensing of controlled substances in the state.
(2) The board may contract with a vendor to establish and maintain the electronic monitoring system under guidelines promulgated by the board.
(3) The board shall promulgate such rules and regulations as necessary to implement the provisions of this act.
SECTION 4. (1) Each dispenser who dispenses a controlled substance shall submit to the board, by electronic means, or by another format specified in a waiver granted by the board, information as specified by the board, including:
(a) The patient's name;
(b) A patient identifier;
(c) The drug dispensed;
(d) The date of the dispensing;
(e) The quantity of the drug dispensed;
(f) The dispensing form of the drug;
(g) The prescriber; and
(h) The name and location of the dispenser.
(2) In addition to the information specified in subsection (1) of this section, each dispenser of a controlled substance shall submit to the board any attempt by a patient or other person to obtain a controlled substance with a prescription that is not filled by the dispenser.
(3) Each dispenser shall submit the required information as frequently as specified by the board.
(4) The board may grant a waiver of electronic submission to any dispenser for good cause, including financial hardship, as determined by the board. The waiver shall state the format and frequency with which the dispenser shall submit the required information to the board.
SECTION 5. (1) Except as otherwise provided in subsections (2) and (3) of this section, prescription monitoring information submitted to the board shall be confidential and shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
(2) The board may provide prescription monitoring information for public research, policy or education purposes, to the extent that all information reasonably likely to reveal the patient or other person who is the subject of the information has been removed.
(3) The board shall review prescription monitoring information submitted to it. If there is reasonable cause to believe a violation of law may have occurred, the board shall notify the appropriate law enforcement agency and the appropriate professional licensing, certification or regulatory agency, and provide prescription monitoring information to those agencies as necessary for an investigation.
(4) The board shall be immune from civil liability arising from inaccuracy of any of the information submitted to the board under this act.
SECTION 6. (1) A dispenser who knowingly fails to submit prescription monitoring information to the board as required by this act is guilty of a misdemeanor and, upon conviction, is subject to the penalties in subsection (4) of this section.
(2) A person to whom the board provides prescription monitoring information under Section 5 of this act who knowingly discloses that information in violation of this act is guilty of a misdemeanor and, upon conviction, is subject to the penalties in subsection (4) of this section.
(3) A person to whom the board provides prescription monitoring information under Section 5 of this act who uses that information in a manner or for a purpose in violation of this act is guilty of a misdemeanor and, upon conviction, is subject to the penalties in subsection (4) of this section.
(4) Any person who is convicted of an offense under subsection (1), (2) or (3) of this section shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
SECTION 7. The board shall design and implement an evaluation component to identify cost-benefits of the prescription monitoring program, and shall report to the Governor and the Legislature annually about the cost-benefits of the prescription monitoring program.
SECTION 8. This act shall take effect and be in force from and after July 1, 2005.