Bill Text: VA HB197 | 2018 | Regular Session | Prefiled
Bill Title: Prescription monitoring program; definitions, requirement for filling prescriptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-13 - Left in Health, Welfare and Institutions [HB197 Detail]
Download: Virginia-2018-HB197-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-2519, 54.1-2521 and 54.1-3420.1 of the Code of Virginia are amended and reenacted as follows:
§54.1-2519. Definitions.
As used in this chapter
article, unless the context requires a different meaning:
"Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by (i) a practitioner or, under the practitioner's direction, his authorized agent or (ii) the patient or research subject at the direction and in the presence of the practitioner.
"Bureau" means the Virginia Department of State Police, Bureau of Criminal Investigation, Drug Diversion Unit.
"Controlled substance" means a drug, substance or immediate precursor in Schedules I through VI of the Drug Control Act, Chapter 34 (§54.1-3400 et seq.) of this title.
"Covered substance" means all controlled substances included in Schedules II, III, and IV and all drugs of concern that are required to be reported to the Prescription Monitoring Program, pursuant to this chapter.
"Department" means the Virginia Department of Health Professions.
"Director" means the Director of the Virginia Department of Health Professions.
"Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
"Dispenser" means a person or entity that (i) is authorized by law to dispense a covered substance or to maintain a stock of covered substances for the purpose of dispensing, and (ii) dispenses the covered substance to a citizen of the Commonwealth regardless of the location of the dispenser, or who dispenses such covered substance from a location in Virginia regardless of the location of the recipient.
"Drug of concern" means any drug or substance, including any controlled substance or other drug or substance, where there has been or there is the potential for abuse and that has been identified by the Board of Pharmacy pursuant to §54.1-3456.1.
"Prescriber" means a practitioner licensed in the Commonwealth who is authorized pursuant to §§54.1-3303 and 54.1-3408 to issue a prescription for a covered substance or a practitioner licensed in another state to so issue a prescription for a covered substance.
"Receiver" means the person who physically obtains a covered substance from a dispenser.
"Recipient" means a
the person for whom a prescription for a covered substance is
written who receives a
covered substance from a dispenser.
"Relevant health regulatory board" means any such board that licenses persons or entities with the authority to prescribe or dispense covered substances, including, but not limited to, the Board of Dentistry, the Board of Medicine, and the Board of Pharmacy.
§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.
7. The dispenser's identifier number.
8. The method of payment for the prescription.
9. The Receiver's name if a schedule II is dispensed.
10. The Receiver's government issued or other identification number if a schedule II is dispensed.
9. 11. 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. 12. 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. (Effective until January 1, 2017) The reports required herein shall be made and transmitted in such manner and format and according to the standards and schedule established in the Department's regulations.
C. (Effective January 1, 2017) 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.
§54.1-3420.1.
Identification required for filling prescriptions.
A. Before dispensing any drug listed on Schedules III through V, a pharmacist may require proof of identity from any patient presenting a prescription or requesting a refill of a prescription.
B. A pharmacist, or his agent, shall require proof of identity
at the time of delivery from any person seeking to take delivery of any drug
listed on Schedule II pursuant to a valid prescription,
unless such person is known to the pharmacist or to his agent. If the person
seeking to take delivery of a drug listed on Schedule II pursuant to a valid
prescription is not the patient for whom the drug is prescribed, and the person
is not known to the pharmacist or his agent, the The pharmacist or his agent
shall either make an photocopy
or electronic copy entry into the prescription monitoring program
database of such person's identification or record with
the full name and address of such person receiving the prescription. The pharmacist shall keep records of the names and
addresses or copies of proof of identity of persons taking delivery of drugs as
required by this subsection for a period of at least one month. For
the purposes of this subsection, "proof of identity" means a driver's
license, government-issued identification card, or other photo identification
along with documentation of the person's current address.
C. Whenever any pharmacist permitted to operate in the Commonwealth or nonresident pharmacist registered to conduct business in the Commonwealth delivers a prescription drug order for any drug listed on Schedule II by mail, common carrier, or delivery service to a Virginia address, the method of delivery employed shall require the signature of the recipient as confirmation of receipt.
