Bill Text: MS HB1379 | 2016 | Regular Session | Introduced
Bill Title: Prescription monitoring program; expand to include prescriptions for all drugs, not just controlled substances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB1379 Detail]
Download: Mississippi-2016-HB1379-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Drug Policy
By: Representative Wilson
House Bill 1379
AN ACT TO AMEND SECTION 73-21-127, MISSISSIPPI CODE OF 1972, TO EXPAND THE COMPUTERIZED PRESCRIPTION MONITORING PROGRAM IMPLEMENTED BY THE STATE BOARD OF PHARMACY TO INCLUDE PRESCRIPTIONS FOR ALL DRUGS, NOT JUST FOR CONTROLLED SUBSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-21-127, Mississippi Code of 1972, is amended as follows:
73-21-127. The Board of
Pharmacy shall develop and implement a computerized program to track all
prescriptions * * * in compliance with the federal regulations promulgated
under authority of the National All Schedules Prescription Electronic Reporting
Act of 2005 and in compliance with the federal HIPAA law, under the following
conditions:
(a) Reporting of
dispensing information shall be mandatory and required by the State Board of
Pharmacy for any entity dispensing * * * prescription drugs
in or into the State of Mississippi, except for the dispensing of * * * prescription drugs
prescribed by a veterinarian residing in the State of Mississippi.
(b) The prescriptions
tracked shall be prescriptions for all drugs, including controlled
substances listed in Drug Enforcement Agency Schedule II, III, IV or V, * * * that are dispensed to residents in the State
of Mississippi by licensed pharmacies, nonresident pharmacies, institutions and
dispensing practitioners, regardless of dispenser location.
(c) The Board of Pharmacy shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide them with the relevant information obtained for further investigation.
(d) The program shall
provide information regarding the potential inappropriate use of controlled
substances and prescription * * * noncontrolled substances to
practitioners, pharmacists-in-charge and appropriate state agencies in order to
prevent the inappropriate or illegal use of these * * * prescription drugs.
The specific purposes of the program shall be to: be proactive in safeguarding
public health and safety; support the legitimate use of * * * prescription drugs;
facilitate and encourage the identification, intervention with and treatment of
individuals addicted to controlled substances and * * * prescription noncontrolled
drugs; identify and prevent drug diversion; provide assistance to those state
and federal law enforcement and regulatory agencies investigating cases of drug
diversion or other misuse; aid practitioners in identifying health concerns
related to the improper use of prescription drugs; reduce excessive
readmissions in hospitals related to improper prescription drug use; and
inform the public and health care professionals of the use and abuse trends
related to controlled substances and * * * prescription noncontrolled
drugs.
(e) (i) Access to collected data shall be
confidential and not subject to the provisions of the federal Freedom of
Information Act or the Mississippi Open Records Act. Upon request, the State Board of Pharmacy shall provide collected
information to: pharmacists or practitioners who are properly registered with
the State Board of Pharmacy and are authorized to prescribe or dispense * * * prescription
drugs for the purpose of providing medical and pharmaceutical care for
their patients; local, state and federal law enforcement officials engaged in
the administration, investigation or enforcement of the laws governing illicit
drug use; regulatory and licensing boards in this state; Division of Medicaid
regarding Medicaid and Medicare Program recipients; judicial authorities under
grand jury subpoena; an individual who requests the individual's own
prescription monitoring information; and prescription monitoring programs in
other states through mutual agreement adhering to State Board of Pharmacy
policies.
(ii) The Director of the Mississippi Bureau of Narcotics, or his designee, shall have access to the Prescription Monitoring Program (PMP) database for the purpose of investigating the potential illegal acquisition, distribution, dispensing, prescribing or administering of the controlled and prescription noncontrolled substances monitored by the program, subject to all legal restrictions on further dissemination of the information obtained.
(iii) The State Board of Pharmacy may also provide generic, nonidentifying statistical data for research or educational purposes.
(f) A dispenser
pharmacist or practitioner licensed to dispense controlled
substances and * * * prescription noncontrolled substance drugs who knowingly
fails to submit drug monitoring information or knowingly submits incorrect
dispensing information shall be subject to actions against the pharmacist's or
practitioner's license, registrations or permit and/or an administrative
penalty as provided in Sections 73-21-97 and 73-21-103.
(g) "Practitioner," as used in this section, shall include any person licensed, registered or otherwise permitted to distribute, dispense, prescribe or administer a controlled substance, as defined under Section 41-29-105(y).
(h) In addition to any funds appropriated by the Legislature, the State Board of Pharmacy may apply for any available grants and accept any gifts, grants or donations to assist in future development or in maintaining the program.
(i) This section shall stand repealed on July 1, * * * 2018.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
