House Bill 888

AN ACT TO PROVIDE THAT THE STATE BOARD OF PHARMACY SHALL ESTABLISH AND MAINTAIN A COMPUTERIZED CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM TO TRACK THE DISPENSING OF CONTROLLED SUBSTANCES IN THE STATE; TO PROVIDE THAT THE BOARD SHALL PROVIDE INFORMATION THAT IS OBTAINED THROUGH THE PROGRAM REGARDING THE INAPPROPRIATE USE OF CONTROLLED SUBSTANCES TO PHARMACIES, PRACTITIONERS AND APPROPRIATE STATE AGENCIES IN ORDER TO PREVENT THE IMPROPER OR ILLEGAL USE OF THOSE CONTROLLED SUBSTANCES; TO PROVIDE THAT THE BOARD SHALL REPORT ANY ACTIVITY REGARDING CONTROLLED SUBSTANCES THAT IT REASONABLY SUSPECTS MAY BE FRAUDULENT OR ILLEGAL TO THE APPROPRIATE LAW ENFORCEMENT AGENCY OR OCCUPATIONAL LICENSING BOARD; TO PROVIDE THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, INFORMATION OBTAINED THROUGH THE PROGRAM SHALL BE CONFIDENTIAL; TO PROVIDE THAT PHYSICIANS, DENTISTS AND PHARMACISTS MAY OBTAIN INFORMATION OBTAINED THROUGH THE PROGRAM ABOUT THEIR OWN PATIENTS BY REQUEST; TO AUTHORIZE THE BOARD TO APPLY FOR GRANTS AND ACCEPT GIFTS, GRANTS OR DONATIONS TO ASSIST IN THE DEVELOPMENT OR MAINTENANCE OF THE PROGRAM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section, the term "controlled substance" means a drug, substance or immediate precursor included in Schedule II, III, IV or V in Sections 41-29-113 through 41-29-121 of the Uniform Controlled Substances Law that is dispensed by a pharmacy.

(2) The State Board of Pharmacy shall establish and maintain a computerized controlled substances prescription monitoring program to track the dispensing of controlled substances in the state.

(3) The board shall provide information that is obtained through the program regarding the inappropriate use of controlled substances to pharmacies, practitioners and appropriate state agencies in order to prevent the improper or illegal use of those controlled substances. The board shall report any activity regarding controlled substances that it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the agency or board with information that is relevant for further investigation. Nothing in the program shall infringe on the legal use of controlled substances for the management of severe or intractable pain.

(4) Except as otherwise provided in this section, information obtained through the program shall be confidential, shall not be disclosed to any person, and shall be exempt from the provisions of the Mississippi Public Records Act of 1983. Physicians, dentists and pharmacists may obtain information obtained through the program about their own patients by request. Information obtained through the program must be disclosed:

(a) Upon the request of a person about whom the requested information concerns or upon the request of that person's attorney on his or her behalf; or

(b) Upon the lawful order of a court of competent jurisdiction.

(5) The board may apply for any available grants and accept any gifts, grants or donations to assist in the development or maintenance of the program.

(6) The board may promulgate such rules and regulations as necessary to implement the provisions of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.