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2023 SESSION
23103952DBe it enacted by the General Assembly of Virginia:
1. That §§ 54.1-2521 and 54.1-2522 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-2521. Reporting requirements.
A. The failure by any person subject to the reporting requirements set forth in this section and the Department's regulations to report the dispensing of covered substances shall constitute grounds for disciplinary action by the relevant health regulatory board.
B. Upon dispensing a covered substance, a dispenser of such covered substance shall report the following information:
1. The recipient's name and address.
2. The recipient's date of birth.
3. The covered substance that was dispensed to the recipient.
4. The quantity of the covered substance that was dispensed.
5. The date of the dispensing.
6. The prescriber's identifier number and, in cases in which the covered substance is a cannabis product, the expiration date of the written certification.
7. The dispenser's identifier number.
8. The method of payment for the prescription.
9. Any other non-clinical information that is designated by the Director as necessary for the implementation of this chapter in accordance with the Department's regulations.
10. Any other information specified in regulations promulgated by the Director as required in order for the Prescription Monitoring Program to be eligible to receive federal funds.
C. Except as provided in subdivision 7
6 of § 54.1-2522, in cases where the ultimate user of a covered
substance is an animal, the dispenser shall report the relevant information
required by subsection B for the owner of the animal.
D. The reports required herein shall be made to the Department or its agent within 24 hours or the dispenser's next business day, whichever comes later, and shall be made and transmitted in such manner and format and according to the standards and schedule established in the Department's regulations.
§ 54.1-2522. Reporting exemptions.
The dispensing of covered substances under the following circumstances shall be exempt from the reporting requirements set forth in § 54.1-2521:
1. Dispensing of manufacturers' samples of such covered substances or of covered substances dispensed pursuant to an indigent patient program offered by a pharmaceutical manufacturer.
2. Dispensing of covered substances by a practitioner of the healing arts to his patient in a bona fide medical emergency or when pharmaceutical services are not available.
3. Administering of covered substances.
4. Dispensing of
covered substances within an appropriately licensed narcotic maintenance
treatment program.
5.
Dispensing of covered substances to inpatients in hospitals or nursing
facilities licensed by the Board of Health or facilities that are otherwise
authorized by law to operate as hospitals or nursing homes in the Commonwealth.
6. 5. Dispensing of covered
substances to inpatients in hospices licensed by the Board of Health.
7. 6. Dispensing of covered
substances by veterinarians to animals within the usual course of their
professional practice for a course of treatment to last seven days or less or
if such covered substance is feline buprenorphine or canine butorphanol.
8. 7. Dispensing of covered
substances as otherwise provided in the Department's regulations.
2. That the provisions of this act shall become effective on July 1, 2024.