HB 344: "An Act relating to the controlled substance prescription database; and providing for an effective date."
00 HOUSE BILL NO. 344 01 "An Act relating to the controlled substance prescription database; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 17.30.200(b) is amended to read: 05 (b) The pharmacist-in-charge of each licensed or registered pharmacy, or an 06 agent or employee of the pharmacist-in-charge whom the pharmacist-in-charge 07 has authorized to submit to the database on the pharmacist-in-charge's behalf, 08 regarding each schedule IA, IIA, IIIA, IVA, or VA controlled substance under state 09 law or a schedule I, II, III, IV, or V controlled substance under federal law dispensed 10 by a pharmacist under the supervision of the pharmacist-in-charge, and each 11 practitioner who directly dispenses a schedule IA, IIA, IIIA, IVA, or VA controlled 12 substance under state law or a schedule I, II, III, IV, or V controlled substance under 13 federal law or an agent or employee of the practitioner whom the practitioner has 14 authorized to submit to the database on the practitioner's behalf, other than those
01 administered to a patient at a health care facility, shall submit to the database at near 02 real time to when the prescription is dispensed [BOARD], by a procedure and in a 03 format established by the board, the following information [FOR INCLUSION IN 04 THE DATABASE]: 05 (1) the name of the prescribing practitioner and the practitioner's 06 federal Drug Enforcement Administration registration number or other appropriate 07 identifier; 08 (2) the date of the prescription; 09 (3) the date the prescription was filled and the method of payment; this 10 paragraph does not authorize the board to include individual credit card or other 11 account numbers in the database; 12 (4) the name, address, and date of birth of the person for whom the 13 prescription was written; 14 (5) the name and national drug code of the controlled substance; 15 (6) the quantity and strength of the controlled substance dispensed; 16 (7) the name of the drug outlet dispensing the controlled substance; 17 and 18 (8) the name of the pharmacist or practitioner dispensing the controlled 19 substance and other appropriate identifying information. 20 * Sec. 2. AS 17.30.200(d) is amended to read: 21 (d) The database and the information contained within the database are 22 confidential, are not public records, and are not subject to public disclosure. The board 23 shall undertake to ensure the security and confidentiality of the database and the 24 information contained within the database. The board may allow access to the 25 database only to the following persons, and in accordance with the limitations 26 provided and regulations of the board: 27 (1) personnel of the board regarding inquiries concerning licensees or 28 registrants of the board or personnel of another board or agency concerning a 29 practitioner under a search warrant, subpoena, or order issued by an administrative law 30 judge or a court; 31 (2) authorized board personnel or contractors as required for
01 operational and review purposes; 02 (3) a licensed practitioner having authority to prescribe controlled 03 substances or an agent or employee of the practitioner whom the practitioner has 04 authorized to access the database on the practitioner's behalf, to the extent the 05 information relates specifically to a current patient of the practitioner to whom the 06 practitioner is prescribing or considering prescribing a controlled substance; 07 (4) a licensed or registered pharmacist having authority to dispense 08 controlled substances or an agent or employee of the pharmacist whom the 09 pharmacist has authorized to access the database on the pharmacist's behalf, to 10 the extent the information relates specifically to a current patient to whom the 11 pharmacist is dispensing or considering dispensing a controlled substance; 12 (5) federal, state, and local law enforcement authorities may receive 13 printouts of information contained in the database under a search warrant, subpoena, 14 or order issued by a court establishing probable cause for the access and use of the 15 information; [AND] 16 (6) an individual who is the recipient of a controlled substance 17 prescription entered into the database may receive information contained in the 18 database concerning the individual on providing evidence satisfactory to the board that 19 the individual requesting the information is in fact the person about whom the data 20 entry was made and on payment of a fee set by the board under AS 37.10.050 that 21 does not exceed $10; 22 (7) a pharmacist who is responsible for administering prescription 23 drug coverage for the medical assistance program under AS 47.07, to the extent 24 that the information relates specifically to prescription drug coverage under the 25 program; 26 (8) a person responsible for utilization review of prescription 27 drugs for the medical assistance program under AS 47.07, to the extent that the 28 information relates specifically to utilization review of prescription drugs under 29 the program; 30 (9) the state medical examiner, to the extent that the information 31 relates specifically to investigating the cause and manner of a person's death; and
01 (10) an authorized employee of the Department of Health and 02 Social Services may receive information from the database that does not identify 03 patients, prescribers, dispensers, or dispenser locations, for the purpose of 04 identifying and monitoring public health issues in the state. 05 * Sec. 3. AS 17.30.200(e) is amended to read: 06 (e) The failure of a pharmacist-in-charge, pharmacist, or practitioner to 07 register with or submit information to the database as required under this section is 08 grounds for the board to take disciplinary action against the license or registration of 09 the pharmacy or pharmacist or for another licensing board to take disciplinary action 10 against a practitioner. 11 * Sec. 4. AS 17.30.200(h) is amended to read: 12 (h) An individual who has submitted information to the database in 13 accordance with this section may not be held civilly liable for having submitted the 14 information. [NOTHING IN THIS SECTION REQUIRES OR OBLIGATES A 15 DISPENSER OR PRACTITIONER TO ACCESS OR CHECK THE DATABASE 16 BEFORE DISPENSING, PRESCRIBING, OR ADMINISTERING A 17 MEDICATION, OR PROVIDING MEDICAL CARE TO A PERSON.] Dispensers or 18 practitioners may not be held civilly liable for damages for accessing or failing to 19 access the information in the database. 20 * Sec. 5. AS 17.30.200(k) is amended to read: 21 (k) In the regulations adopted under this section, the board shall provide 22 (1) that prescription information in the database shall be purged from 23 the database after two years have elapsed from the date the prescription was 24 dispensed; 25 (2) a method for an individual to challenge information in the database 26 about the individual that the person believes is incorrect or was incorrectly entered by 27 a dispenser; 28 (3) that a pharmacist and practitioner, or an agent or employee of 29 the pharmacist or practitioner whom the pharmacist or practitioner has 30 authorized to access the database on the pharmacist's or practitioner's behalf, 31 shall
01 (A) access the database to check a patient's prescription 02 records before dispensing a controlled substance to the patient; 03 (B) enter a prescription into the database at near real time 04 to when a controlled substance is dispensed under (b) of this section; 05 (4) a procedure and time frame for registration with the database. 06 * Sec. 6. AS 17.30.200 is amended by adding new subsections to read: 07 (o) A pharmacist or practitioner may apply in writing for an exemption from 08 the requirements of (k)(3)(B) of this section. The board may grant the exemption if the 09 board finds that the pharmacist or practitioner is unable to enter prescription 10 information directly into the database because of a technological or infrastructure 11 barrier. A pharmacist or practitioner who receives an exemption shall submit to the 12 board, by a procedure and in a format established by the board, the prescription 13 information required under (b) of this section for inclusion in the database. 14 (p) The board shall develop in the database an alert system that automatically 15 sends an electronic notification to a pharmacist and practitioner at the time the 16 pharmacist or practitioner enters a prescription for a patient into the database if the 17 same patient has received one or more prescriptions for controlled substances in 18 quantities or with a frequency inconsistent with generally recognized standards of 19 dosage for that controlled substance. 20 (q) A pharmacist who dispenses or a practitioner who prescribes, administers, 21 or directly dispenses a schedule IA, IIA, IIIA, IVA, or VA controlled substance under 22 state law or a schedule I, II, III, IV, or V controlled substance under federal law shall 23 register with the database by a procedure and in a format established by the board. 24 (r) The board shall promptly notify the State Medical Board, the Board of 25 Nursing, the Board of Dental Examiners, and the Board of Examiners in Optometry 26 when a practitioner registers with the database under (q) of this section. 27 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION: REGULATIONS. The Board of Pharmacy may adopt regulations 30 necessary to implement the changes made by this Act. The regulations take effect under 31 AS 44.62 (Administrative Procedure Act), but not before the effective date of the relevant
01 provision of this Act implemented by the regulation. 02 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION. (a) The Board of Pharmacy shall provide necessary information and 05 training to the State Medical Board, the Board of Nursing, the Board of Dental Examiners, 06 and the Board of Examiners in Optometry for implementing the requirements of this Act. 07 (b) Notwithstanding AS 17.30.200(q), a pharmacist who dispenses and a practitioner 08 who prescribes, administers, or directly dispenses a schedule IA, IIA, IIIA, IVA, or VA 09 controlled substance under state law or a schedule I, II, III, IV, or V controlled substance 10 under federal law shall register with the Board of Pharmacy not later than 180 days after the 11 effective date of this Act. 12 * Sec. 9. Section 7 of this Act takes effect July 1, 2016. 13 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect January 1, 2017.