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2002 SESSION

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SB 425 Prescription Monitoring Program; established.

Introduced by: William C. Wampler, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Prescription Monitoring Program established. Requires the Director of the Department of Health Professions to establish the Prescription Monitoring Program, which will require reports to the Department from dispensers of certain drugs (to be called "covered substances") that will include detailed information on the recipient of the prescription and the drug prescribed as the result of a specific investigation of a recipient dispenser or prescriber by the State Police, a grand jury, or by the board regarding any allegation of misconduct by a dispenser. The "covered substances" will include all Schedule II controlled substances as defined in the Drug Control Act. Certain dispensing circumstances are exempted, for example, the dispensing of manufacturers' samples. The information in possession of the Program is exempted from the Freedom of Information Act; however, the Director is authorized to disclose information under limited circumstances to prescribers, dispensers, the Department of State Police and others. The Director is also authorized to notify the Attorney General or the appropriate attorney for the Commonwealth of possible violations of law and to disclose information to dispensers and prescribers that indicates a potential detriment to a recipient. In addition, the Director is authorized to contract for the implementation and maintenance of the Prescription Monitoring Program. Immunity from liability is provided to the Director and the Department's employees for the accuracy or lack thereof of the data reported. Penalties for violations of this act will be Class 1 misdemeanors. Licensees may be subject to disciplinary action by the relevant board for failure to report or for unauthorized use or disclosure of the confidential information. Pursuant to enactment clauses, (i) the Director is required to promulgate emergency regulations; (ii) the reporting requirements will not be implemented until the date specified in the regulations; and (iii) all dispensers and prescribers must be notified of the implementation date. The fourth enactment clause provides that these provisions will be implemented with federal funds or other federal grants that may become available for these purposes and the last enactment requires the program to be implemented solely in State Health Planning Region III for two years after which time an evaluation will be prepared by the superintendent of State Police and the director and forwarded to the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health.


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