07 LC 33
1863
House
Bill 455
By:
Representative Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to controlled substances, so as to enact the "Georgia Prescription Monitoring
Program Act"; to provide for legislative intent; to provide for definitions; to
provide for the establishment of a program for the monitoring of prescribing and
dispensing Schedule II, III, or IV controlled substances by the Georgia Drugs
and Narcotics Agency; to require dispensers to submit certain information
regarding the dispensing of certain drugs; to provide for the confidentiality of
submitted information except under certain circumstances; to authorize the
Georgia Drugs and Narcotics Agency to contract for services relating to the
program; to provide for the establishment of rules and regulations; to provide
for penalties; to provide for related matters; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled
substances, is amended by adding a new article to read as follows:
"ARTICLE
6
16-13-120.
This
article shall be known and may be cited as the 'Georgia Prescription Monitoring
Program Act.'
16-13-121.
This
article is intended to improve the state´s ability to identify and stop
diversion of prescription drugs in an efficient and cost-effective manner that
will not impede the appropriate medical utilization of licit controlled
substances or other licit drugs with potential for abuse.
16-13-122.
(a)
As used in this article, the term:
(1)
'Agency' means the Georgia Drugs and Narcotics Agency.
(2)
'Board' means the Georgia State Board of Pharmacy.
(3)
'Controlled substance' has the same meaning given such term in paragraph (4) of
Code Section 16-13-21.
(4)
'Dispenser' means a person who delivers a Schedule II, III, or IV controlled
substance to the ultimate user but does not include:
(A)
A licensed hospital pharmacy that distributes such substances for the purpose of
inpatient hospital care or the dispensing of prescriptions for controlled
substances at the time of discharge from such a facility;
(B)
A practitioner or other authorized person who administers such a substance; or
(C)
A wholesale distributor of a Schedule II, III, or IV controlled
substance.
(5)
'Patient' means the person or animal who is the ultimate user of a drug for whom
a prescription is issued or for whom a drug is dispensed.
(6)
'Prescriber' means a physician, dentist, veterinarian, scientific investigator,
or other person licensed, registered, or otherwise authorized under the laws of
this state to prescribe, distribute, dispense, conduct research with respect to,
or to administer a controlled substance in the course of professional practice
or research in this state.
(7)
'Schedule II, III, or IV controlled substance' means a controlled substance that
is classified as a Schedule II, III, or IV controlled substance under Code
Section 16-13-26, 16-13-27, or 16-13-28, respectively, or under the Federal
Controlled Substances Act, 21 U.S.C. Section 812.
16-13-123.
The
board and agency may apply for available grants and accept any gifts, grants, or
donations to assist in developing and maintaining the program established by
this article.
16-13-124.
(a)
The agency shall establish and maintain a program for the monitoring of
prescribing and dispensing of all Schedule II, III or IV controlled
substances.
(b)
Each dispenser shall submit to the agency by electronic means information
regarding each prescription dispensed for a drug included under subsection (a)
of this Code section. The information submitted for each prescription shall
include, but not be limited to:
(1)
United States Drug Enforcement Administration (DEA) permit number or approved
dispenser identification number;
(2)
Date prescription filled;
(3)
Prescription number;
(4)
Whether prescription is new or a refill;
(5)
National Drug Code (NDC) for drug dispensed;
(6)
Quantity dispensed;
(7)
Number of days´ supply of the drug;
(8)
Patient´s social security number or approved identification
number;
(9)
Patient´s name;
(10)
Patient´s address;
(11)
Patient´s date of birth;
(12)
Prescriber identification number;
(13)
Date prescription issued by prescriber;
(14)
Person who receives the prescription from the dispenser, if other than the
patient; and
(15)
Source of payment for prescription.
(c)
Each dispenser shall submit the information in accordance with transmission
methods and frequency requirements established by the agency but no less often
than weekly and shall report, at a minimum, on the first day of the week
following the week the prescription was dispensed.
(d)
The agency may issue a waiver to a dispenser that is unable to submit
prescription information by electronic means. Such waiver may permit the
dispenser to submit prescription information by paper form or other means,
provided all information required in subsection (b) of this Code section is
submitted in this alternative format.
16
13-125.
(a)
Prescription information submitted to the agency shall be confidential and shall
not be subject to open records requirements, as contained in Article 4 of
Chapter 18 of Title 50, except as provided in subsections (c) and (d) of this
Code section.
(b)
The agency shall maintain procedures to ensure that the privacy and
confidentiality of patients and patient information collected, recorded,
transmitted, and maintained is not disclosed to persons except as provided in
subsections (c) and (d) of this Code section and in a manner which would not
conflict with the requirements of the federal Health Insurance Portability and
Accountability Act of 1996, P.L. 104-191.
(c)
The agency shall review the prescription information and if there is reasonable
cause to believe a violation of law or breach of professional standards may have
occurred, the agency shall notify the appropriate law enforcement or
professional licensing, certification, or regulatory agency or entity and shall
provide prescription information to such agency or entity which may be necessary
for an investigation.
(d)
The agency shall be authorized to provide data collected pursuant to this
article to the following persons or under the following
circumstances:
(1)
Persons authorized to prescribe or dispense controlled substances for the
purpose of providing medical or pharmaceutical care for their
patients;
(2)
Upon the request of a person about whom the information requested concerns or
upon the request on his or her behalf by his or her attorney;
(3)
The Composite State Board of Medical Examiners or any licensing board whose
practitioners have the authority to prescribe or dispense controlled
substances;
(4)
Local, state, and federal law enforcement or prosecutorial officials engaged in
the administration, investigation, or enforcement of the laws governing licit
drugs;
(5)
The Department of Community Health regarding Medicaid program
recipients;
(6)
Upon the lawful order of a court of competent jurisdiction; and
(7)
Personnel of the agency for purposes of administration and enforcement of this
article, Article 2 of this chapter, the 'Georgia Controlled Substances Act,' or
any other applicable state law.
(e)
The agency may provide data to public or private entities for statistical,
research, or educational purposes after removing information that could be used
to identity individual patients or persons who received prescriptions from
dispensers.
16-13-126.
The
agency is authorized to contract with another agency of this state or with a
private vendor, as necessary, to ensure the effective operation of the
prescription monitoring program established pursuant to this article. Any
contractor shall be bound to comply with the provisions regarding
confidentiality of prescription information in Code Section 16-13-125 and shall
be subject to the penalties specified in Code Section 16-13-128 for unlawful
acts.
16-13-127.
The
agency and the board shall promulgate rules and regulations setting forth the
procedures and methods for implementing this article.
16-13-128.
(a)
A dispenser who knowingly fails to submit prescription monitoring information to
the agency as required by this article or knowingly submits incorrect
prescription information shall be guilty of a misdemeanor and punished by
imprisonment for a period not to exceed 12 months or a fine not to exceed
$1,000.00, or both.
(b)
A person authorized to have prescription monitoring information pursuant to this
article who knowingly discloses such information in violation of this article
shall be guilty of a misdemeanor and punished by imprisonment for a period not
to exceed 12 months or a fine not to exceed $1,000.00, or both.
(c)
A person authorized to have prescription monitoring information pursuant to this
article who uses such information in a manner or for a purpose in violation of
this article shall be guilty of a misdemeanor and punished by imprisonment for a
period not to exceed 12 months or a fine not to exceed $1,000.00, or
both.
(d)
The penalties provided by this Code section are intended to be cumulative of
other penalties which may be applicable and are not intended to repeal such
other penalties."
SECTION
2.
This
Act shall be effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.