Bill Text: MS HB1380 | 2012 | Regular Session | Engrossed
Bill Title: Prescription Monitoring Program Advisory Committee; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-04-30 - Died In Conference [HB1380 Detail]
Download: Mississippi-2012-HB1380-Engrossed.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary A
By: Representative Baker
House Bill 1380
(As Passed the House)
AN ACT TO AMEND SECTION 73-21-127, MISSISSIPPI CODE OF 1972, TO CREATE THE PRESCRIPTION MONITORING PROGRAM ADVISORY COMMITTEE; TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE COMMITTEE; 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. (1) 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 and the specified noncontrolled substances to practitioners, pharmacists-in-charge and appropriate state agencies in order to prevent the inappropriate or illegal use of these controlled substances. The specific purposes of the program shall be to: be proactive in safeguarding public health and safety; support the legitimate use of controlled substances; facilitate and encourage the identification, intervention with and treatment of individuals addicted to controlled substances and specified 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; and inform the public and health care professionals of the use and abuse trends related to controlled substance and specified 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 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 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 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 specified 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.
(2) There is established a Prescription Monitoring Program Advisory Committee, which shall advise the Board of Pharmacy about aspects of the Prescription Monitoring Program.
(a) The advisory committee shall consist of not more than twenty-five (25) members as follows:
(i) The Executive Director of the Mississippi State Board of Medical Licensure, or a member of the board;
(ii) The Executive Director of the Mississippi State Board of Dental_Examiners, or a member of the board;
(iii) The Executive Director of the Mississippi State Board of Nursing, or a member of the board;
(iv) The Executive Director of the Division of Medicaid, or his or her designee;
(v) The Executive Director of the Mississippi Bureau of Narcotics, or his or her designee;
(vi) The Special Agent in Charge for the Mississippi field office of the United States Drug Enforcement Administration, or his or her designee;
(vii) The Attorney General, or his or her designee;
(viii) The Executive Director of the Department of Health, or his or her designee;
(ix) The Executive Director of the Department of Mental Health, or his or her designee;
(x) A practicing member of the Mississippi State Medical Association;
(xi) A practicing member of the Mississippi Independent Pharmacists Association;
(xii) A practicing member of the Mississippi Pharmacy Association;
(xiii) A practicing member of the Mississippi Nurses Association;
(xiv) A practicing member of the Mississippi Dental Association;
(xv) A practicing member of the Mississippi Academy of Physician Assistants;
(xvi) A representative of the Mississippi Prosecutors Association;
(xvii) The Executive Director of the Mississippi Board of Pharmacy or a member of the board;
(xviii) A practicing member of the Mississippi Coroner-Medical Examiner Association; and
(xix} A practicing member of the National Association of Chain Drug Stores.
The advisory committee shall identify potential additional members to the advisory council. The members of the council shall serve at the pleasure of their respective appointing authorities, ten (10) of whom shall constitute a quorum for the transaction of business. The members shall elect a chairman and whose duties shall be established by the advisory committee.
(b) The respective Chairmen of the House Medicaid Committee, the House Public Health and Human Welfare Committee, the House Appropriations Committee, the Senate Public Health and Welfare Committee and the Senate Appropriations Committee, or their designees, two (2) members of the State Senate appointed by the Lieutenant Governor and one (1) member of the House of Representatives appointed by the Speaker of the House, shall serve as ex officio nonvoting members of the advisory committee.
(c) In addition to the committee members required by paragraph (b), the advisory committee shall consist of such other members as are necessary to meet the requirements of any federal regulation applicable to the advisory committee.
(d) The chairmanship of the advisory committee shall be elected by the voting members of the committee annually and shall not serve more than two (2) consecutive years as chairman. The chair shall call the meetings of the advisory committee.
(e) The members of the advisory committee specified in paragraph (b) shall serve for terms that are concurrent with the terms of members of the Legislature, and any member appointed under paragraph (b) may be reappointed to the advisory committee. The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law. These reimbursements shall be the responsibility_of the applicable agency or entity of the advisory committee member. Legislators shall receive per diem and expenses, which may be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.
(f) The advisory committee shall meet not less than quarterly, and advisory committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting. The first meeting of the advisory committee shall be called by the Executive Director of the Board within sixty (60) days of the passage of this act.
(g) The Board of Pharmacy shall seek and the advisory committee shall provide information and advice regarding the following:
(i) Encouraging and facilitating cooperative efforts among health care practitioners and other interested and knowledgeable persons in developing best practices for prescribing and dispensing controlled substances and in educating health care practitioners and patients regarding controlled substance use and abuse;
(ii) Ongoing advice and consultation of regarding any matter which affects the design and implementation of the program including technology;
(iii) Ongoing advice and consultation regarding the controlled substances and specified noncontrolled substances to be monitored;
(iv) Sources of funding including grants;
(v) Changes in the program to reflect advances in technology and best practices in the field of electronic health records and electronic prescription authority;
(vi) Information to be screened including frequency and thresholds for screening and parameters for using information to notify medical practitioners, patients, pharmacies, boards of licensure and law enforcement officials;
(vii) Consult with stakeholders and professionals knowledgeable about PMP as appropriate to obtain input and guidance for the program; and
(viii) Making recommendations regarding the continued benefits of maintaining the program in relationship to cost and other burdens to the patient, prescribing practitioner, pharmacist, and the Board of Pharmacy.
(3) In consultation with and upon recommendation of the advisory committee, the Board of Pharmacy shall review the effectiveness of the prescription monitoring program and submit an annual report on or before November 30 to the Mississippi State Legislature and the Governor. All user agencies shall report their statistical data and user results to be specifically defined by the Board of Pharmacy to the Board of Pharmacy on or before November 1.
(4) This section shall stand repealed on July 1, 2014.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.
