Bill Text: MS SB2811 | 2011 | Regular Session | Comm Sub
Bill Title: Prescription monitoring program; clarify access to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-26 - Approved by Governor [SB2811 Detail]
Download: Mississippi-2011-SB2811-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division B
By: Senator(s) Albritton
Senate Bill 2811
(COMMITTEE SUBSTITUTE)
AN ACT TO REENACT SECTION 99-19-73, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR STANDARD STATE MONETARY ASSESSMENTS FOR CERTAIN VIOLATIONS, MISDEMEANORS AND FELONIES; TO AMEND SECTION 73-21-127, MISSISSIPPI CODE OF 1972, TO CLARIFY POSSIBLE SOURCES OF FUNDING FOR THE PRESCRIPTION MONITORING PROGRAM; TO REPEAL SECTION 9, CHAPTER 549, LAWS OF 2008, TO REMOVE THE REPEAL DATE ON CERTAIN REENACTED SECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-73, Mississippi Code of 1972, is reenacted as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)................... 6.00
Emergency Medical Services Operating Fund.......... 20.00
Mississippi Leadership Council on Aging Fund....... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................ 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
TOTAL STATE ASSESSMENT............................. $ 77.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Driver Training Penalty Assessment Fund............ 22.00
Law Enforcement Officers Training Fund............. 11.00
Emergency Medical Services Operating Fund.......... 45.00
Mississippi Alcohol Safety Education Program Fund.. 5.00
Federal-State Alcohol Program Fund................. 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund...................... 25.00
Spinal Cord and Head Injury Trust Fund............. 25.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
TOTAL STATE ASSESSMENT............................. $232.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 2.00
Law Enforcement Officers Training Fund............. 5.00
Hunter Education and Training Program Fund......... 5.00
State General Fund................................. 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
TOTAL STATE ASSESSMENT............................. $ 77.00
(4) Litter Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:
FUND AMOUNT
Statewide Litter Prevention Fund................... $ 25.00
TOTAL STATE ASSESSMENT............................. $ 25.00
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by at least ten (10) miles per hour but not more than twenty (20) miles per hour $ 10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour $ 20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................. $ 30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving........................................ $ 10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving........................................ $ 10.00
All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 30.00
State Crime Stoppers Fund.......................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 8.00
Judicial Performance Fund.......................... 2.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
Information Exchange Network Fund.................. 4.00
TOTAL STATE ASSESSMENT............................. $ 95.00
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 60.00
Criminal Justice Fund.............................. 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
Crime Laboratory DNA Identification System Fund.... 100.00
TOTAL STATE ASSESSMENT............................. $269.50
(8) Additional assessments on certain violations:
(a) In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 2. 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 prescriptions for controlled substances and to report suspected abuse and misuse of controlled substances 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 controlled substances in or into the State of Mississippi.
(b) The prescriptions tracked shall be prescriptions for controlled substances listed in Drug Enforcement Agency Schedule II, III, IV or V and specified noncontrolled substances authorized by the State Board of Pharmacy, that are dispensed to residents in the State of Mississippi by licensed pharmacies, nonresident pharmacies, institutions, dispensing practitioners and the dispenser of veterinary controlled substance drugs, 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 to practitioners, pharmacists-in-charge and appropriate state agencies in order to prevent the inappropriate or illegal use of such controlled substances. This program would be proactive in safeguarding public health and safety, support the legitimate use of controlled substances, to facilitate and encourage the identification, intervention with and treatment of individuals addicted to controlled substances and specified noncontrolled drugs, to identify and prevent drug diversion, to provide assistance to those state and federal law enforcement and regulatory agencies investigating cases of drug diversion or other misuse, and to inform the public and health care professionals of the use and abuse trends related to controlled substance and specified noncontrolled drugs.
(e) 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. The State Board of Pharmacy shall be authorized to provide collected information to pharmacists or practitioners that are properly registered with the State Board of Pharmacy and are authorized to prescribe or dispense controlled substances 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 or court order, an individual who requests their own prescription monitoring information and prescription monitoring programs in other states through mutual agreement adhering to State Board of Pharmacy policies. The State Board of Pharmacy may also provide generic statistical data for research or educational purposes.
(f) A dispenser pharmacist or practitioner licensed to dispense controlled substance and specified noncontrolled substance drugs who knowingly fails to submit drug monitoring information or knowingly submits incorrect dispensing information would be subject to actions against their 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 or administer a controlled substance, as defined under Section 41-29-105(y).
(h) In addition to any funds appropriated by the Legislature, the 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.
SECTION 3. Section 9, Chapter 549, Laws of 2008, which repeals Sections 41-59-3, 41-59-5, 41-59-7, 41-59-75, 27-19-43, 41-9-51 and 63-17-171, Mississippi Code of 1972, on July 1, 2011, is repealed.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
