CSHB 324(HSS): "An Act relating to the controlled substance prescription database."
00 CS FOR HOUSE BILL NO. 324(HSS) 01 "An Act relating to the controlled substance prescription database." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.80.030(b) is amended to read: 04 (b) In order to fulfill its responsibilities, the board has the powers necessary 05 for implementation and enforcement of this chapter, including the power to 06 (1) elect a president and secretary from its membership and adopt rules 07 for the conduct of its business; 08 (2) license by examination or by license transfer the applicants who are 09 qualified to engage in the practice of pharmacy; 10 (3) assist the department in inspections and investigations for 11 violations of this chapter, or of any other state or federal statute relating to the practice 12 of pharmacy; 13 (4) adopt regulations to carry out the purposes of this chapter; 14 (5) establish and enforce compliance with professional standards and 15 rules of conduct for pharmacists engaged in the practice of pharmacy;
01 (6) determine standards for recognition and approval of degree 02 programs of schools and colleges of pharmacy whose graduates shall be eligible for 03 licensure in this state, including the specification and enforcement of requirements for 04 practical training, including internships; 05 (7) establish for pharmacists and pharmacies minimum specifications 06 for the physical facilities, technical equipment, personnel, and procedures for the 07 storage, compounding, and dispensing of drugs or related devices, and for the 08 monitoring of drug therapy; 09 (8) enforce the provisions of this chapter relating to the conduct or 10 competence of pharmacists practicing in the state, and the suspension, revocation, or 11 restriction of licenses to engage in the practice of pharmacy; 12 (9) license and regulate the training, qualifications, and employment of 13 pharmacy interns and pharmacy technicians; 14 (10) issue licenses to persons engaged in the manufacture and 15 distribution of drugs and related devices; 16 (11) establish and maintain a controlled substance prescription 17 database as provided in AS 17.30.200; 18 (12) establish fees for the dispensing of controlled substances as 19 provided in AS 17.30.205. 20 * Sec. 2. AS 17.30.200(a) is amended to read: 21 (a) The controlled substance prescription database is established in the Board 22 of Pharmacy. The purpose of the database is to contain data as described in this 23 section regarding every prescription for a schedule IA, IIA, IIIA, IVA, or VA 24 controlled substance under state law or a schedule I, II, III, IV, or V controlled 25 substance under federal law dispensed in the state to a person other than those 26 administered to a patient at a health care facility. The Department of Commerce, 27 Community, and Economic Development shall 28 (1) assist the board; 29 (2) [AND] provide necessary staff and equipment to implement this 30 section; and 31 (3) in cooperation with the board, seek funding sources for the
01 operation of the controlled substance prescription database. 02 * Sec. 3. AS 17.30.200(b) is amended to read: 03 (b) The pharmacist-in-charge of each licensed or registered pharmacy, 04 regarding each schedule IA, IIA, IIIA, IVA, or VA controlled substance under state 05 law or a schedule I, II, III, IV, or V controlled substance under federal law dispensed 06 by a pharmacist under the supervision of the pharmacist-in-charge, and each 07 practitioner who directly dispenses a schedule IA, IIA, IIIA, IVA, or VA controlled 08 substance under state law or a schedule I, II, III, IV, or V controlled substance under 09 federal law other than those administered directly to a patient at a health care facility, 10 shall submit to the board through an electronic database or another method, by a 11 procedure and in a format established by the board, the following information for 12 inclusion in the database: 13 (1) the name of the prescribing practitioner and the practitioner's 14 federal Drug Enforcement Administration registration number or other appropriate 15 identifier; 16 (2) the date of the prescription; 17 (3) the date the prescription was filled and the method of payment; this 18 paragraph does not authorize the board to include individual credit card or other 19 account numbers in the database; 20 (4) the name, address, and date of birth of the person for whom the 21 prescription was written; 22 (5) the name and national drug code of the controlled substance; 23 (6) the quantity and strength of the controlled substance dispensed; 24 (7) the name of the drug outlet dispensing the controlled substance; 25 and 26 (8) the name of the pharmacist or practitioner dispensing the controlled 27 substance and other appropriate identifying information. 28 * Sec. 4. AS 17.30.200(c) is amended to read: 29 (c) The board shall maintain or contract with a database provider to 30 maintain the database in a secure real-time [AN] electronic file [OR BY OTHER 31 MEANS] established by the board that is accessible to a pharmacist or practitioner
01 to facilitate use of the database for identification of 02 (1) prescribing practices and patterns of prescribing and dispensing 03 controlled substances; 04 (2) practitioners who prescribe controlled substances in an 05 unprofessional or unlawful manner; 06 (3) individuals who receive prescriptions for controlled substances 07 from licensed practitioners and who subsequently obtain dispensed controlled 08 substances from a drug outlet in quantities or with a frequency inconsistent with 09 generally recognized standards of dosage for that controlled substance; and 10 (4) individuals who present forged or otherwise false or altered 11 prescriptions for controlled substances to a pharmacy. 12 * Sec. 5. AS 17.30.200(k) is amended to read: 13 (k) In the regulations adopted under this section, the board shall provide 14 (1) that prescription information in the database shall be purged from 15 the database after two years have elapsed from the date the prescription was 16 dispensed; 17 (2) a method for an individual to challenge information in the database 18 about the individual that the person believes is incorrect or was incorrectly entered by 19 a dispenser; 20 (3) a procedure for authorizing a pharmacist-in-charge to delegate 21 the submission of information under (b) of this section to an employee of the 22 pharmacist-in-charge who is licensed as a pharmacist or pharmacy technician. 23 * Sec. 6. AS 17.30.200 is amended by adding a new subsection to read: 24 (o) Notwithstanding (b) of this section, the board may provide by regulation 25 for waiver of the requirement of electronic filing for good cause. 26 * Sec. 7. AS 17.30 is amended by adding a new section to article 5 to read: 27 Sec. 17.30.205. Fees for dispensing controlled substances. (a) The Board of 28 Pharmacy shall adopt regulations that establish reasonable fees to be charged to a 29 pharmacist or practitioner for dispensing controlled substances to cover the applicable 30 direct costs relating to the board's responsibilities in maintaining and operating the 31 controlled substance prescription database under AS 17.30.200 and procedures for the
01 collection of those fees. The fees established under this section shall include a late 02 payment fee if the fee required for dispensing a controlled substance is not paid when 03 required by the board. 04 (b) In this section, "direct cost" has the meaning given in AS 37.10.058.