Bill Text: VA HB1841 | 2015 | Regular Session | Prefiled
Bill Title: Prescription Monitoring Program; requirements for dispensers.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-03-23 - Governor: Acts of Assembly Chapter text (CHAP0517) [HB1841 Detail]
Download: Virginia-2015-HB1841-Prefiled.html
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15101501D Be it enacted by the General Assembly of Virginia: 1. That §§54.1-2522.1 and 54.1-2523 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 54.1-2522.2 as follows: §54.1-2522.1. (Effective July 1, 2015) Requirements of prescribers. A. Any prescriber who is licensed in the Commonwealth to treat
human patients and is authorized pursuant to §§54.1-3303 and 54.1-3408 to
issue a prescription for a covered substance shall be registered with the
Prescription Monitoring Program by the Department of Health
Professions B. Prescribers registered with the Prescription Monitoring
Program shall, at the time of initiating a new course of treatment to a human
patient that includes the prescribing of benzodiazepine or an opiate
anticipated to last more than 90 consecutive days C. The Secretary of Health and Human Resources may identify and publish a list of benzodiazepines or opiates that have a low potential for abuse by human patients. Prescribers who prescribe such identified benzodiazepines or opiates shall not be required to meet the provisions of subsection B. In addition, a prescriber shall not be required to meet the provisions of subsection B if the course of treatment arises from pain management relating to dialysis or cancer treatments. §54.1-2522.2. Requirements for dispensers. A. Every dispenser licensed by the Board of Pharmacy pursuant to Article 3 (§54.1-3310 et seq.) of Chapter 33 shall be registered with the Prescription Monitoring Program. B. Dispensers registering with the Prescription Monitoring Program shall, prior to dispensing benzodiazepine or an opiate expected to last more than 90 consecutive days, request information from the Director for the purpose of determining what, if any, covered substances have been dispensed to the patient. Nothing in this section shall prohibit a dispenser from making additional periodic requests for information from the Director as may be required to establish the validity of a prescription or dispensing history for a patient. §54.1-2523. Confidentiality of data; disclosure of information; discretionary authority of Director. A. All data, records, and reports relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring Program pursuant to this chapter and any material relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Information Act (§2.2-3700 et seq.) pursuant to subdivision 15 of §2.2-3705.5. Further, the Director shall only have discretion to disclose any such information as provided in subsections B and C. B. Upon receiving a request for information in accordance with the Department's regulations and in compliance with applicable federal law and regulations, the Director shall disclose the following: 1. Information relevant to a specific investigation of a specific recipient or of a specific dispenser or prescriber to an agent who has completed the Virginia State Police Drug Diversion School designated by the superintendent of the Department of State Police or designated by the chief law-enforcement officer of any county, city, or town or campus police department to conduct drug diversion investigations pursuant to §54.1-3405. 2. Information relevant to an investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board; information relevant to a disciplinary proceeding before a health regulatory board or in any subsequent trial or appeal of an action or board order to designated employees of the Department of Health Professions; or to designated persons operating the Health Practitioners' Monitoring Program pursuant to Chapter 25.1 (§54.1-2515 et seq.). 3. Information relevant to the proceedings of any investigatory grand jury or special grand jury that has been properly impaneled in accordance with the provisions of Chapter 13 (§19.2-191 et seq.) of Title 19.2. 4. Information relevant to a specific investigation of a specific recipient, dispenser, or prescriber to an agent of a federal law-enforcement agency with authority to conduct drug diversion investigations. C. In accordance with the Department's regulations and applicable federal law and regulations, the Director may, in his discretion, disclose: 1. Information in the possession of the program concerning a recipient who is over the age of 18 to that recipient. The information shall be mailed to the street or mailing address indicated on the recipient request form. 2. Information on a specific recipient to a prescriber, as defined in this chapter, for the purpose of establishing the treatment history of the specific recipient when such recipient is either under care and treatment by the prescriber or the prescriber is initiating treatment of such recipient. In a manner specified by the Director in regulation, notice shall be given to patients that information may be requested by the prescriber from the Prescription Monitoring Program. 3. Information on a specific recipient to a dispenser for the purpose of establishing a prescription history to assist the dispenser in determining the validity of a prescription in accordance with §54.1-3303 or determining what, if any, covered substances have been dispensed to the patient, pursuant to subsection B of §54.1-2522.2, when the recipient is seeking a covered substance from the dispenser or the facility in which the dispenser practices. In a manner specified by the Director in regulation, notice shall be given to patients that information may be requested by the dispenser from the Prescription Monitoring Program. 4. Information relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber to other regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession when such regulatory authority licenses such dispenser or prescriber or such dispenser or prescriber is seeking licensure by such other regulatory authority. 5. Information relevant to an investigation relating to a specific dispenser or prescriber who is a participating provider in the Virginia Medicaid program or information relevant to an investigation relating to a specific recipient who is currently eligible for and receiving or who has been eligible for and has received medical assistance services to the Medicaid Fraud Control Unit of the Office of the Attorney General or to designated employees of the Department of Medical Assistance Services, as appropriate. 6. Information relevant to determination of the cause of death of a specific recipient to the designated employees of the Office of the Chief Medical Examiner. 7. Information for the purpose of bona fide research or education to qualified personnel; however, data elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from such information prior to disclosure. Further, release of the information shall only be made pursuant to a written agreement between such qualified personnel and the Director in order to ensure compliance with this subdivision. 8. Information relating to prescriptions for covered substances issued by a specific prescriber, which have been dispensed and reported to the Program, to that prescriber. D. The Director may enter into agreements for mutual exchange of information among prescription monitoring programs in other jurisdictions, which shall only use the information for purposes allowed by this chapter. E. This section shall not be construed to supersede the provisions of §54.1-3406 concerning the divulging of confidential records relating to investigative information. F. Confidential information that has been received, maintained or developed by any board or disclosed by the board pursuant to subsection A shall not, under any circumstances, be available for discovery or court subpoena or introduced into evidence in any medical malpractice suit or other action for damages arising out of the provision of or failure to provide services. However, this subsection shall not be construed to inhibit any investigation or prosecution conducted pursuant to Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2. 2. That the provisions of this act amending subsection A of § 54.1-2522.1 of the Code of Virginia and subsection A of §54.1-2522.2, as created by this act, shall become effective on January 1, 2016. |
